Article 1. definitions

 

Talentpointer:

 

Talentpointer BV, registered with the Netherlands Chamber of Commerce, under registration number 52905500, responsible for exploitation websites by talentpointer, a.o. talentpointer.com and talentpointer.nl

 

Website:

the websites talentpointer.nl, talentpointer.com and all other websites to which these general conditions have been applied;

 

organisation:

 

user:

every individual or organisation who in whatever way uses the website, by for instance creating a Talentpointer Profile, a Talentpointer Benchmark, or just by visiting the website;

data:

by users with respect to using of the website provided and or posted information, amongst which but not limited to name, adress, place, e-mail, Talentpointer Profile, Talentpointer Diagnosis, Talentpointer Benchmark, Talentpointer Peergroup, and other information;

 

conditions:

 

the general terms below:

 

article 2. applicability

 

2.1.

 

these general terms are applicable to the access to and use of the website by any user

 

2.2.

 

the applicability of other general terms then those mentioned in article 1 is excluded, unless specifically agreed upon.
 
article 3. the website

 

3.1.

 

the website has the primairy objective to create profiles by organisations to enhance their effectiveness from an HR perspective, to assess their HR perspective and to compare their profile with other organisations, and to provide general information with respect to HR and yield in general.

 

3.2.

 

Talentpointer provides the technical means and platform for the users, as specified in article 1.
 
3.3.

 

Talentpointer is entitled to delegate (part of) the exploitation of the website to a third party.

 

Artikel 4. intellectual property

 

4.1.

 

the right to exploit intellectual propertyrights with respect to the website, amongst which the published texts, pictures, images, lay out, and sound material, formats, software, brands, domainnames, are with Talentpointer.

 

4.2.

 

Talentpointer is not responsible for the content created by users on the website, nor for infringement of (intellectual property) rights of third parties by exhibiting the forementioned data on the website.

 

4.3.

 

It is not allowed to copy (parts of) the the content of the website , to publish and or to supply to third parties. It is also forbidden to copy, or to distort the website, and or in any way perform illegal actions to the website.

 

Artikel 5. Data

 

5.1.

 

the use of data that is published through the website is only permitted in light of the in article 3.1 mentioned objective.

 

5.2.

 

users are obligated to publish and or post correct and actual data on the website.
 

 

5.3.

 

users permit Talentpointer to use anonimised profile data in comparing analyses (e.g. Benchmarks)

 

5.4.

 

users permit Talentpointer to view and analyse data posted by the user

 

5.5.

 

users permit Talentpointer to contact users with respect to the provided information.

 

5.6.

 

users permit Talentpointer to perform after service in general and to delegate the support on specific user questions to Talentpointer selected third parties

 

5.7.

 

users permit Talentpointer to use anonimised and or aggregated information form the database of Talentpointer for promotional, publication and informative purposes.

 

5.8.

 

Talentpointer maintains the right to delete user data. Talentpointer is not reponsible or liable for the accuracy of user data.

 

5.9.

 

when operating (in whole or in part) in conflict with these general terms, the offender forfeits, without further warning, default and without any required judicial intervention, an immediate 1.000 euro (one thousand euro) penalty, per single event. This penalty is without prejudice and other sanctions impose, based on these general terms and or the law in general.

 

5.10.

 

the use of data by Talentpointer is regulated according to the Talentpointer privacy statement, that is acessible via www.talentpointer.com/privacy/en. the user is recommended to frequently take notice of the privacy statement.
 

article 6. liability

 

6.1.

 

Talentpointer excludes any responsibility for any damage, direct and or indirect, occurred through and or by using the website, unless these damages are caused by gross negligence by Talentpointer.

6.2.

 

Talentpointer is not responsible in any way for any damages, that occur as a result of non accessibility and or performance of the site, and or illegal use of the website by a third party.

 

Artikel 7. indemnification

 

users indemnify Talentpointer for all third party claims with respect to using the website

 

Artikel 8. removal and exclusion

 

8.1.

 

Talentpointer reserves the right to remove posted content on the website, by any user, without notice and or reasons given.
 
8.2.

 

Talentpointer reserves the right to exclude any user of the website, for example but not limited to any user who acts in violation of the law, the public order, moral and may even exlude users without explanation and or notice.

8.3.

 

without prejudice of the afore mentioned in article 8, Talentpointer reserves the right to pursue legal meassures and or to claim any occurred damages.

 

Artikel 9. references

 

a website can refer to a third party website (for instance, by use of hyperlink, banner or button). Talentpointer has no authority over these websites and is not responsible for the content of these websites. when using these websites, their general terms and privacy statement apply, unless agreed otherwise.

Artikel 10. force majeure

 

Talentpointer is not held to honor its obligations when in doing so it is hindered by a force majeure. a force majeure is any circumstance, not influencable by Talentpointer, that may in whole or in part prevent Talentpointer to meet its obligations and as a result of which it is not reasonable to expect Talentpointer to meet these obligations.