General Terms and Conditions of Yobbers

Yobbers B.V.
Registered at the Dutch Chamber of Commerce under: 68479441
Updated at: December 2nd 2019

Disclaimer

These General Terms and Conditions are a translation of the Dutch General Terms and Conditions of Yobbers. In case of any discrepancy between the Dutch and the English version the Dutch version shall prevail.

Table of contents

Article 1: Definitions

Article 2: General

Article 3: Service

Article 4: Access to the Service

Article 5: Account

Article 6: Warranty and Liability Disclaimers

Article 7: Prohibitions

Article 8: Payment

Article 9: Failure of payment

Article 10: Intellectual property rights

Article 11: Privacy

Article 12: Breach

Article 13: Other provisions

Article 1: Definitions

In these Conditions the following terms used in both singular and plural, in alphabetical order:

  1. Account: the account of the User, which grants access to the Service;
  2. Conditions: these (General) terms and Conditions of Yobbers;
  3. User: the person or legal entity who as an employer makes use of the Service;
  4. Party: a party (the User and/or Yobbers) in these terms and Conditions;
  5. User Content: all information provided by the User is made accessible through the Website, including, but not limited to the profiles and vacancies;
  6. Conditions: these (General) terms and Conditions of Yobbers;
  7. Website: the websites of Yobbers, like https://www.yobbers.nl, https://www.yobbers.com and https://www.yobbers.de and all child pages;
  8. Jobseeker: the natural person who, as a jobseeker, makes use of the Service.
  9. Yobbers: the entity established in accordance with Dutch law, the private company with limited liability enterprise Yobbers B.V., principal place of business in Leeuwarden (The Netherlands), Zuiderplein 6, zip code 8911 AJ, registered at the Dutch Chamber of Commerce under: 68479441, irrespectively under which (business)name it operates;

Article 2: General

  1. The Conditions apply to the access to- and the use of the Website by the User and the provision of any Service by Yobbers. The Conditions are therefore applicable to all offers, agreements of Yobbers or arising from any other legal act between Yobbers and any party.
  2. All quotations, including offers, of Yobbers are non-binding, unless explicitly stated otherwise.
  3. If these Conditions have been applied once on a legal relationship between Yobbers and a party, that Party shall be deemed to have accepted in advance with the applicability of the terms and Conditions on current agreements and future agreements, including amendments and additions to the Conditions.
  4. Parties expressly dismiss the applicability of any general Conditions of the User.
  5. Any User proposed deviations from the general terms and Conditions shall only be valid if explicitly in writing, or digitally, have been agreed by Yobbers and User.
  6. Yobbers is at all times entitled to change and/or complement these terms and Conditions. The most current version of these terms and Conditions is listed on the Website of Yobbers. These Conditions are also brought to the attention of the User while using the Service.
  7. The User that continues to use the Service after a change and/or compliment of these Conditions, accepts the changed and/or supplemented Conditions irrevocable.
  8. In case of annulment or invalidity of any provision of these terms of use, the other provisions of the Conditions remain in full force. Yobbers will then adopt a new provision to replace the annulled/invalid provision, which corresponds in spirit most to the annulled/invalid provision.
  9. Any deviation from these Conditions at any time applied or tolerated by Yobbers for the benefit of the User, will never give the User the right to rely on such deviations, or to rely on the application of such a deviation as fixed.

Article 3: Service

  1. Yobbers carries out Services for the benefit of the User, including:
    • placing (a) job opportunity(/ies) and other User Content (whether or not automated); and
    • get access to the database with user profiles of Jobseekers;
  2. Yobbers also carries out Services in the field of recruitment and selection of Jobseekers for the benefit of the User.
  3. Yobbers also carries out Services, which are verbal or written agreed with a party, or on its own initiative.

Article 4: Access to the Service

  1. Under the terms as stated in these terms, Yobbers gives the User a limited, revocable, personal, non-exclusive and non-transferable (not even by means of a sublicense) right of access to and use of the Service and the Website. The User is entitled to see and use the Content solely for personal, non-commercial purposes within the purpose of the Website.
  2. The manner in which- and the Conditions under which, the Service is to be used will be shown to the User on the Website.
  3. In order to use the Service the User has to create an Account as described on the Website. The User guarantees towards Yobbers that the information he provides when creating and/or changing his Account is personal, complete, current and correct. The User is responsible for the correctness and completeness of the provided User Content as well as for the modification and/or the supplementing of the User Content. The User is responsible for keeping the User Content up to date.
  4. The User shall indemnify Yobbers against claims by third parties that are based on improper use of the Service.

Article 5: Account

  1. During the registration process on the Website the User shall provide login credentials, also used for access to his Account.
  2. The User is obliged to keep his login credentials confidential. The User is not allowed to provide his login credentials to third parties or to give third parties in any way access to his Account. The User shall be liable for all use of the Service via his login credentials. Yobbers trusts that the User actually is the one who signs up with his login credentials. The login credentials may however be used freely within the organization of an employer.
  3. The User is obliged to inform Yobbers of unauthorized use of his account, without prejudice to his own obligation to take direct effective measures himself, such as changing the login details.
  4. In case of abuse, infringement of third party rights, violation of any provision of these Conditions or an agreement Yobbers reserves the right to modify, refuse or remove (the texts of) jobs and/or any business information, without any right of the User for compensation and/or refund. Whether there is a situation as described above is at the sole discretion of Yobbers.
  5. Yobbers is not liable for damages resulting from any unauthorized access to- or use of the Website and/or Service by third parties.
  6. The User grants Yobbers permission to post or otherwise use the User Content generated by posting job opportunities, profiles and/or other User Content for the provision of Services.
  7. The User acknowledges and agrees that the vacancies, profiles and/or other Content that he makes available through the Service can be used by Jobseekers or Users. Yobbers accepts no responsibility for compliance by other Users with these terms and Conditions.

Article 6: Warranty and Liability Disclaimers

  1. The Service offered by Yobbers is provided "as-is" and "as available".
  2. Yobbers explicitly does not warrant:
    1. the suitability of the Service for the purposes of the User;
    2. the accuracy of the information provided by third parties, including Users;
    3. that the Service meets the expectations of the User;
    4. that the Service will be available at all times, uninterrupted, timely, secure, accurate, reliable, error-free, free of viruses or malware.
  3. The User acknowledges and accepts that Yobbers has no knowledge of and/or interference with the User Content and other information provided by the Users while using the Website and/or Service. Yobbers accepts no liability for the consequences of decisions taken on basis of information or other data on the Website or on basis of the Service.
  4. Yobbers has no interference with the contact resulting from use of the Service between the Users nor with any verbal or written agreements that result from this contact.
  5. The User is entirely responsible and liable for all actions that he takes using the Website and/or Service.
  6. Yobbers is at all times entitled to change, modify and/or discontinue the Service, without any right of compensation of damages or liability towards the User.
  7. Yobbers does not accept any liability for damage as a result of the provision of the Service or in tort or otherwise, to the extent permitted by law. The total liability of Yobbers will never exceed one thousand euro (€ 1,000.-) and is at all times limited to a maximum of the total damage.
  8. Under direct damage as meant in the preceding paragraph shall be understood exclusively:
    1. material damage to property;
    2. reasonable costs incurred to determine the cause and extent of the damage as far as the determination relates to direct damage within the meaning of these terms and Conditions;
    3. reasonable costs incurred to prevent or limit the damage as far as the User proves that these costs have led to the limitation of direct damage within the meaning of these terms.
  9. Except in cases of intent and/or gross negligence on the part of Yobbers, any liability of Yobbers for any damage other than direct damage, as described in paragraph 8, including consequential damage, is excluded. Under consequential damages is inter alia understood, any lost profits, lost savings, loss of goodwill, damage due to business interruption, general losses, costs incurred to prevent or adoption of consequential damage, loss, faulty exchange or damage of electronic data and/or damage as a result of delay in the transport of data.
  10. By all means it is not a breach on the part of Yobbers in cases of force majeure, including:
    1. the situation that a performance which is important in connection with the Service is not, not timely or not delivered properly to Yobbers itself;
    2. strike, industrial dispute, shortage of labour, fuel or electricity;
    3. malfunctions or accidents in the (data) traffic;
    4. government measures or embargo;
    5. riots, revolts, war, social unrest;
    6. extreme weather Conditions;
    7. fire, flood, natural disaster;
    8. faults in the connection with internet, hardware failures, disruptions in (telecommunications) networks.

Article 7: Prohibitions

  1. The User is not allowed to place User content that:
    1. contains deliberately incorrect information and/or is misleading;
    2. consists of adopting a false identity;
    3. contains advertising messages;
    4. uses or collects data from other Users through the Service for other purposes than the Service or to approach the Users without the intervention of Yobbers;
    5. refers to other jobs and/or profiles that are not listed on the Website;
    6. uses tools not approved by Yobbers to search the Website or uses data mining, robots or other means to collect information;
    7. contains viruses, Trojan horses, worms, bots or other software that can damage an automated processes, make an automated processes unusable or inaccessible; or content that is able to erase or to nullify an automated processes; or content that is intended to bypass the technical security measures of the Website and/or the computer systems of Yobbers;
    8. violates any applicable law and/or regulations or is otherwise in any way unlawful or otherwise inappropriate or objectionable;
    9. may adversely affect the interests and good name of Yobbers.
  2. The User is not allowed to:
    1. reproduce, disclose, use for commercial purposes or otherwise make available to third parties the User content obtained via the Service of Yobbers;
    2. use the contact information provided by Jobseekers for other use than for vacancies;
    3. approach other Users with (suitable) Jobseekers;
    4. enable third parties to do the acts referred to in this article.

Article 8: Payment

  1. Payment takes place as described on the Website.
  2. Commands from the User only bind Yobbers after confirmation of the command by Yobbers, or after Yobbers expressed to have started with the execution of the agreement.
  3. If use of a certain part of the Service is accessible after payment of a fee, the amount of this fee is mentioned on the Website.
  4. All prices include Dutch VAT (omzetbelasting), unless otherwise indicated.
  5. All prices are subject to change without notice. On already purchased Services the price changes shall not apply.

Article 9: Failure of payment

  1. In the event of non-timely payment of an invoice or installment, the User shall be deemed to be in default by operation of law, without the requirement of any demand or notice of default. In such an event Yobbers has the right to suspend its obligations under the contract or to dissolve the agreement.
  2. Regardless of whether there is the expiry of a time limit for payment, a payment scheme or other factors that, whether or not agreed, postpone the effect on payment, the invoice is directly payable on demand in full in each of the following cases:
    1. If the User is declared bankrupt or if he files for bankruptcy;
    2. If the User requests suspension of payment (in the Dutch legal system known as: surséance van betaling);
    3. If the User is admitted to the legal debt restructuring (in the Dutch legal system known as: wettelijke schuldsanering);
    4. If the User loses his free disposal of goods;
    5. If property of the User is enforceable seized;
    6. upon the death of the User;
    7. If the User is a legal person: at Service liquidation or dissolution, depositing a proposal for merger or demerger.
  3. The User acting as an employer forfeits in the event of late payment to Yobbers an interest rate equal to one percent (1%) per month. For purposes of calculating the length of the interest-bearing period parts of a month count as a full month. The User is also liable for all collection costs, both judicial and extrajudicial, with a minimum of 15% of the amount that was not paid in time.
  4. All payments are first accounted to interest and costs as mentioned in sub 3 and 4 and the surplus will be accounted to the judicial and extrajudicial costs.
  5. Yobbers is entitled to offset all sums paid to Yobbers, including advances and payments on dissolved agreements, with the fees as mentioned in sub 3 and 4.

Article 10: Intellectual property rights

  1. All intellectual property rights relating to the Website and the Services, including featured and non-featured content, with the exception of User Content, are owned by Yobbers.
  2. The User provides to Yobbers regarding his User Content, a free, irrevocable and transferable right to publish and reproduce such User Content to the extent required to provide the Service.

Article 11: Privacy

The User is required to provide personal data to Yobbers to be able to make use of the Service. This information will be stored and processed in accordance with the Privacy Statement of Yobbers and the applicable laws and regulations are.
The Privacy Statement is available at https://www.yobbers.nl, https://www.yobbers.com and https://www.yobbers.de.

Article 12: Breach

Both Yobbers and the User have the right to dissolve the agreement for use of the Website and the Service if the other party fails to fulfil its obligations. In such case, Yobbers has the right, without any right of User for compensation or refund of costs:

  1. to deny, suspend or limit access to the Service;
  2. to block or remove the User account, temporarily or permanently; and/or
  3. remove User Content.

Article 13: Other provisions

  1. All disputes arising between the User and Yobbers, will be submitted to the competent court in the District of Leeuwarden unless mandatory law provides that the dispute must be presented to another judge.
  2. Deviations from these Conditions shall only be binding if agreed in writing.