Mr. K. VOLDRICH trading under the name College Life B.V. at the Chamber of Commerce under number 84697024, and is located at Schiedamse Vest 154 3011 BH Rotterdam hereafter College Life Work .
Article 1 General
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Vacancy: the offer of a User to another User.
3. Account: the profile that belongs to the User and which gives access to the functionalities of the Website.
3. College Life Work: the service provider who makes the use of the Website available to a User.
4. Services: the provision of the Platform through which the User can be matched with another User.
5. User or Users: the Client or the Consumer who actually uses the Platform.
6. Client: the natural or legal person (not) in the exercise of a profession or company that enters into an Agreement with College Life Work.
7. Agreement: any Agreement and other obligations between the Client and College Life Work, as well as proposals from College Life Work for Services provided by College Life Work to the Client and accepted by the Client and accepted and performed by College Life Work.
8. Website: the website provided by College Life Work for the benefit of Users is: https://collegelife.co/work, https://collegelife.co/nl/employers and all website subfolders.
The Platform has been made available for use by individuals looking for Job Seekers ("job seekers"), by individuals and / or organizations who wish to make information available about job vacancies on their behalf or on behalf of others ("employers").
Article 2 Applicability
2. It is not possible to deviate from these general terms and conditions.
3. The general terms and conditions of the Client in the exercise of a profession or business are excluded.
4. College Life Work handles the (personal) data of Users with care. Processing of personal data shall only take place within the framework of the implementation of the services of College Life Work. College Life Work will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the College Life Work Privacy Statement.
5. The College Life Work website is in principle not accessible to minors, unless the minor (aged 16 years or older) can demonstrate that he / she has written permission from a parent and / or legal guardian showing that the minor may independently perform the act in question, unless the act in question is customary to perform in society without written permission.
6. As the provider of the Website, College Life Work is not a contracting party to the agreement that can be concluded between Users.
7. College Life Work has no control over, and never guarantees, the quality, suitability, completeness, correctness, (il) legality, ratings and / or reviews of the Vacancies, or the User who has placed the relevant Advertisement. College Life Work points out that every User has an independent obligation to investigate whether the advertisement(s) shown complies with the above. Any images accompanying the Advertisement are only intended as a representation. A User cannot derive any rights from these image(s) and can never be regarded as an approved image by College Life Work.
8. The content of posted Vacancies or parts thereof can be displayed on other websites, applications, e-mails, social media and in other online and offline Vacancies.
9. The Website may contain links to websites of third parties. Other cookies and / or privacy statements may apply to the websites of third parties. College Life Work is not responsible or liable for the availability or correctness of the (content of) third-party websites. A link on the Website to a third party can never be regarded as an approval by College Life Work of the (services of) the third party.
10. The User is prohibited from transferring the Agreement to a third party, unless explicitly agreed otherwise in writing.
Article 3 Use of the Website
1. College Life Work may impose further restrictions or conditions on access to and use of certain parts or functions of the Website, such as but not limited to creating an account, completing a verification process and meeting specific quality standards or eligibility criteria.
2. Authenticating Users is not fool proof. Nevertheless, College Life Work will take all reasonable measures that can be expected of it with regard to the verification process. A User may be required to provide some form of (government) identification or other information. College Life Work also has the right to screen Users based on public records of criminal convictions (if available).
3. Any User is prohibited from copying and / or reproducing, disclosing or changing the (content) of the Website without the prior written consent of College Life Work. This also includes the content of the Vacancies.
4. The (content of) the Website and Vacancies can be protected by intellectual property rights and / or trademarks. By using the Website, each User agrees that the intellectual property rights rest with College Life Work and / or the User who placed the Advertisement.
5. The User is expressly prohibited from infringing the intellectual property rights of College Life Work and third parties, as well as the good name of College Life Work. All intellectual property rights and copyrights of the Website, including the graphic designs, ideas and the like, rest exclusively with College Life Work and are expressly not transferred to the User. A User is prohibited from using, modifying, copying, licensing, selling or otherwise exploiting the content. A User only has a limited right of use to make use of the Website.
6. Furthermore, the User is not permitted to process, collect or otherwise use the (personal) data of Users who have placed an Advertisement on the Website for the purpose of acquiring or offering their own services or products.
7. The User ensures that all data, of which College Life Work indicates that it is necessary or of which the User should reasonably understand that it is necessary for the access and / or use of the Website.
8. College Life Work is not liable for damage, of whatever nature, that has arisen because College Life Work relied on incorrect and / or incomplete information provided by the User, unless College Life Work was aware of this inaccuracy or incompleteness.
9. A User has access to the information as published and displayed on the Website. The User is at all times responsible for all data and information that he places on the Website or in his account. If the User suspects that the information provided by him is incorrect or incomplete, the User will inform College Life Work without delay and still provide the correct information. User must keep his data up-to-date and can adjust his data in his own account to this end.
10. College Life Work is entitled to change (parts of the) Website, as well as its Services. User will be informed of any changes in good time.
Article 4 The account
1. Each User must create an account for access and use of certain functions of the Website, such as publishing or viewing an Advertisement. For the business user, the person making the registration represents and warrants that he / she has the authority to legally bind the company and provides College Life Work with all necessary permissions and licenses required for the proper performance of the agreement.
2. The account can be registered with an e-mail address and a password, or via a (social media) account such as Facebook.
3. The User is obliged to provide correct and complete information during the registration of the account and to keep the account up to date at all times.
4. Each User may only register one account unless expressly agreed otherwise in writing. The account is personal and may not be transferred.
5. The User is responsible for his or her login details and should not provide these login details to third parties. If a user suspects that the credentials are lost, stolen or possible existence of unauthorized use of the account, each user must contact College Life Work. User is personally liable for all activities carried out through his / her own account, unless the User can demonstrate that he / she has not been negligent (not reporting the unauthorized use or loss of login details).
6. Only after the account has been created, a User can perform actions on the Website and / or have conversations with other Users.
Article 5 Posting a Vacancy
1. Each User has an independent responsibility for all content that the User makes available on or via the Website. By posting information on the Website, the User warrants that it is the owner of all data that it publishes or is authorized / authorized to publish / publicly such information on the Website. The User guarantees that all information and / or data that it publishes via the Website does not infringe the intellectual property rights of a third party, nor a violation of the applicable laws / regulations.
2. Furthermore, each User is prohibited from uploading an Advertisement, posting reactions or otherwise publishing and / or distributing content on the Website through the Website in violation of Dutch laws and regulations, which in any case includes: data without the permission of the copyright owner, libellous information, or information that offends, intimidates, is defamatory, discriminates, threatens, is racist in nature, violent, hateful, offensive, obscene, and information that contains child or otherwise punishable pornography. Also information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (referring to such information on third party websites), loans, lotteries and / or gambling (gambling), drugs as well as all other types harmful and / or illegal content that can damage the internet or e-mail traffic of third parties or the Website. College Life Work can remove the posted content, which contains one or more of the content above. College Life Work will inform the relevant User who posted the content of this. College Life Work respects the copyrights of others and expects users of the Website to do the same.
3. College Life Work respects the copyright of third parties and expects the Users of the Website to do the same.
4. Each User agrees by uploading, publishing or otherwise making available information and / or data via the Website to third parties, that the User has a free, non-exclusive, worldwide, sublicensable and transferable (use) license for the relevant content provided for the benefit of the exploitation and commercialization rights. This includes, but is not limited to the right for College Life Work to use, copy, publish, modify and share and / or promote (parts thereof) for the Website on the internet and / or (social media) channels.
5. If the User suspects that the information provided by him is incorrect or incomplete, the User will immediately inform College Life Work and provide the correct information and / or repair any defects himself.
6. College Life Work is not liable for damage caused by complications related to the availability or operation of information from third parties, as well as damage resulting from use of the Website in contradiction of conditions or purposes other than those for which the Website is intended.
Article 6 Suspension and dissolution of the Agreement
1. College Life Work has the right to suspend the Vacancy of the User (and / or its other Services) if the User has not, not on time or not fully fulfilled his payment obligation, the content of the Vacancy is in conflict with these conditions, whether the Vacancy is misleading or otherwise causes damage to other Users or third parties.
2. The right of withdrawal is excluded for the User in the exercise of a profession or business.
Article 7 Notice and Takedown
1. In the event of (possible) punishable acts, College Life Work is obliged to report this and to hand over the information provided by the User to the competent authorities, as well as to perform all actions that are required of it in the context of the investigation. College Life Work has the right to deny the User access to the Website and / or to terminate the use of the Website.
2. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
3. The User is responsible for the correct security of the (mobile) device on which he / she uses the Website, as well as for securing and keeping his / her own login details confidential.
4. If and insofar as there is an infringement of the rights of College Life Work or third parties and / or unlawful acts by the User, College Life Work is also entitled to delete the User's account or to impose restrictions on it in some other way through the use of User's account such as restricting or disabling the posting of Vacancies, comments and more. College Life Work will immediately remove any infringing / harmful information. Under no circumstances is College Life Work liable for the damage suffered by the User, of whatever nature as a result of the User's actions.
5. Each User can report directions and / or complaints to College Life Work about infringing or illegal Vacancies, or complaints about other Users. A report can be made to the following email address: email@example.com.
Article 8 Availability of the Website
1. College Life Work does not guarantee that the Services will always meet the anticipated expectations. College Life Work makes an effort to provide (access to) the Website to the User without interruption as far as possible, but does not guarantee the full availability of the Website at all times. College Life Work is entitled to suspend the use of the Website if and insofar as it considers that there is a risk of the error-free functioning of the Website. College Life Work is furthermore entitled to take all measures that it reasonably considers necessary to guarantee the effective functioning of the Website.
2. College Life Work is not responsible for disruptions or disruptions to the internet, telecommunications infrastructure that are beyond the control of College Life Work and which may lead to interruptions in the availability of the Website. College Life Work may, temporarily and with due observance of the legitimate interests of the Users, limit the availability of the Website if College Life Work deems this necessary in view of any capacity limits, the security / integrity of the servers of College Life Work, or for maintenance. College Life Work is entitled to perform maintenance on the website and can introduce new functionalities. College Life Work will inform the Users as much as possible of any changes to the Website, unless such changes are of a minimal nature without having a material effect on any contractual obligations.
3. College Life Work never has any responsibility for and / or influence on the application procedure by Users, and does not guarantee the suitability of a match or the authority of a User to make an offer. Each User has an independent obligation to research the offer as shown in the Vacancy. All information and numbers displayed on the Platform are subject to spelling or typing errors. College Life Work is never liable if the offer does not meet the expectations of a User.
Article 9 Payment and collection policy
1. College Life Work invoices the full amount owed at the start of the Agreement, unless otherwise agreed.
2. User must pay these costs in one go, without settlement or suspension, within the specified payment term of 14 days to the account number and details of College Life Work made known to it.
3. College Life Work is free to make deviating payment arrangements with Users, including payment in instalments. Deviating payment arrangements can only be agreed in writing.
4. College Life Work is entitled to request a full advance payment of fees with regard to the agreed upon payments, if a cause exists or threats arise. College Life Work is entitled to suspend its services until all requested payments have been made.
5. If the User does not fulfil its payment obligation and has not fulfilled its obligation within the specified payment term, the User, being a Company, is in default by operation of law. The User, being a Consumer, will first receive a written reminder with a period of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfil its obligations within that period, before it is in default. From the date that User is in default, College Life Work will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decree on compensation for extrajudicial collection costs of 1 July 2012.
6. If College Life Work has incurred additional or higher costs than is reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also at the expense of the Client.
Article 10 Limitation of Liability
1. College Life Work is not liable if it cannot fulfil its obligations as a result of a force majeure situation, nor can it be held to fulfil any obligation, if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for its account under the law, a legal act or generally accepted beliefs. Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of College Life Work , (ii) failure to properly fulfil obligations of suppliers, (iii) inadequacy of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking ), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of College Life Work and (xi) other situations that, in the opinion of College Life Work, are beyond its control that temporarily or permanently prevent the fulfilment of its obligations.
2. If and insofar as any legal provision does not preclude this, College Life Work excludes all liability for damage suffered by the User on the basis of (i) the use of College Life Work's Services, (ii) the sale of the services of (other) Users via the Website, (iii) the website not being fully or securely available, (iv) changes in, to or on the Website or Services of College Life Work and (v) any incorrect and / or incomplete information on the Website.
3. College Life Work excludes all consequential damages.
4. If and insofar as College Life Work appears to be liable, its liability is limited to the maximum amount that User has paid to College Life Work in the context of the Agreement, but no more than one year (12 months) prior to the event causing damage, at least up to a maximum amount of 250 euros.
5. All claims of the User due to shortcomings on the part of College Life Work lapse if they are not reported in writing and with reasons to College Life Work within one year after the User was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, College Life Work's liability expires.
Article 11 Indemnity
User indemnifies College Life Work against claims from third parties with regard to damage suffered by them on the basis of (i) the use of the services (ii) the use of College Life Work Services, (iii) the unlawful content of the Advertisement and / or the offered (iv) agreement on the basis of an Advertisement.
Article 12 Complaints
1. If a User is not satisfied with the Services of College Life Work, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant cause that led to the complaint. Complaints can be reported verbally or in writing via firstname.lastname@example.org as subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the User if College Life Work is to be able to handle the complaint.
3. College Life Work will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.
College Life Work is free to adjust (parts of the) Website, as well as the content of its Services and these general terms and conditions. The amended terms and conditions will be published on the Website with the last updated date. The User will also receive an email with the relevant changes 1 day prior to the entry into force of the amended terms. If User does not agree with the content of the changes, User can immediately terminate the Agreement. User will receive a further e-mail about the way in which the Agreement can be terminated. If the User does not reject or object to the changes in time, or at least not before the date on which the changes take effect, or if the agreement is terminated, the User agrees to the changed conditions. Even if the User uses the Website from the date of entry into force of the changes, the User is deemed to have accepted the amended terms and conditions.
Article 14 Applicable law
1. The legal relationship between College Life Work and the Client, and College Life Work and User is governed by Dutch law.
2. All disputes arising from or as a result of the agreement between College Life Work and the Client, or through the use of the Website by the User, will be settled by the competent court of the Rotterdam District Court, location Rotterdam, unless mandatory law provisions have another competent court point out.