User Terms and Conditions of AWAW Media V.O.F.

Updated date: 4 April 2024

Article 1 – Definitions

In these User Terms and Conditions (” UT&C’s“), words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires, and the following definitions are used:

1. Submission: the User’s personal information, submitted on the Website or 3rd party platform such as a social media platform, enabling the User to make use of the Services;
2. Employer : the legal entity that purchases recruitment and other services (such as advertising online space for vacancies from AWAW Media V.O.F.;
3. Services : the services consisting of i) offering and maintaining an online job search platform via the Website, and ii) providing the User access to the database with vacancies from the Employers, for the purposes of seeking employment;
4. User : the natural person who accesses or uses the Website or uses the Services;
5. User Content: all information made accessible by the User via the Website, including but not limited to education, job experience, and other relevant information for the purposes of seeking employment;
6. UT&C’s : these user terms and conditions of AWAW Media V.O.F.;
7. Website : the website of AWAW Media V.O.F. available at https://www.anyworkanywhere.com and all underlying pages.
8. AWAW Media V.O.F.: the company is incorporated under the laws of the Netherlands, having its registered address in the municipality of Amsterdam, the Netherlands, with its registered office at (1012SL) Amsterdam at Korte Lijnbaanssteeg 1 – 4054, the Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under number 82865051.,

Article 2 – General

1. The UT&C’s apply to the access and the use of the Website by the User and the provision of the Services by AWAW Media V.O.F. to the User.
2. By accessing or using the Website, applying for a vacancy, uploading any personal information or using any of the Services the User acknowledges that he has read, understood and agrees to be bound by the UT&C’s & Privacy Policy.
3. All offers, including quotations, made by AWAW Media V.O.F. are non-binding unless explicitly stated otherwise.
4. Any deviations from the UT&C’s proposed by the User shall only be valid if they have been explicitly agreed upon in writing between AWAW Media V.O.F. and the User.
5. If and insofar as any provision of the UT&C’s is declared null and void, the other provisions of the UT&C’s shall remain in full force and effect. AWAW Media V.O.F. will then adopt a new provision to replace the void/nullified provision, whereby the purport of the void/nullified provision will be maintained as much as possible.
6. Any deviations from these UT&C’s applied or tolerated at any time by AWAW Media V.O.F. for the benefit of the User shall only apply for that specific case and shall never entitle the User to invoke such deviation at a later time in respect of another case, or to claim the application of such deviation as permanent.
7. If any stipulation of the UT&C’s is or becomes null and void, the remaining stipulations of the UT&C’s shall remain in full force and AWAW Media V.O.F. and the User shall enter into consultations in order to come to an agreement about new stipulations to replace the void and/or nullified stipulations.

Article 3 – Access to the Services

1. Under the conditions set out in these UT&C’s, AWAW Media V.O.F. gives the User a limited, personal, revocable, non-exclusive and non-transferable (including by means of a sublicense) right to access and use the Website and use the Services. The User is entitled to access and use the Website and use the Services for personal, non-commercial purposes only and within the purpose of the Website.
2. The manner in which, and the conditions under which, the Services should actually be used shall be shown to the User on the Website.
3. In order to make use of the Services, the User must submit their personal information or “create an Account” in the manner as described on the Website. The User guarantees to AWAW Media V.O.F. that the User Content he provides is at all times personal, complete, up-to-date and correct. The User is responsible for the correctness and completeness of the User Content provided, as well as for the adaptation and/or supplementation of the User Content.
4. AWAW Media V.O.F. shall at all times be entitled to modify, adapt and/or terminate the Services, without obligation to pay damages to the User, unless AWAW Media V.O.F. is statutory obliged to pay any compensation.

Article 4 – Submission

1. The User is obliged to keep his personal details secret and not share his personal information with third parties. 
2. AWAW Media V.O.F. reserves the right, in case of misuse of the Website or an Account or non-compliance with these UT&C’s, to restrict, suspend or deny the User access to the Services, to block or remove the User’s Account or submission possibilities temporarily or permanently, to remove the User Content from the Website, or to take other measures as it deems necessary or appropriate, without being obliged to pay any compensation to the User. Whether a situation as described above exists is at the sole discretion of AWAW Media V.O.F.
3. AWAW Media V.O.F. shall not be liable for any damages resulting from unauthorised access to or use of the Website and/or Services by third parties.
4. By making User Content available via the Website, the User automatically grants AWAW Media V.O.F. permission to place the User Content on the Website or to use this in any other way for the provision of the Services.
5. The User acknowledges and agrees that his User Content may be used by the Employers within the context of selecting and finding job seekers.
6. The User is at least 16 years old when creating the Account or confirms to have obtained parental or guardian consent to create an Account.

Article 5 – Indemnities, guarantee and exclusion of liability

1. The Services offered by AWAW Media V.O.F. are provided “as is” and “as available”.
2. AWAW Media V.O.F. expressly does not provide any guarantee:
   • a. for the suitability of the Services for the purposes of the User;
   • b. the accuracy of the data provided by any third parties, including the Users and the Employers;
   • c. that the Services meet the User’s expectations;
   • d. that the Services will be available at all times, without interruptions, in a timely, safe, error-free, accurate, reliable manner and free of viruses or malware.
3. The User acknowledges and accepts that AWAW Media V.O.F. has no knowledge of and/or interference in connection with the User Content and other information made available by the Users via the Website.
4. AWAW Media V.O.F. expressly has no control over the hiring of personnel by an Employer and does, therefore, not guarantee that the use of the Services by the User will lead to the offer of an (employment) agreement by an Employer. AWAW Media V.O.F. is explicitly not a party to any agreement that may be entered into between the User and the Employer, nor to the negotiation or conclusion thereof.
5. Except in the event of gross negligence or wilful misconduct on the part of AWAW Media V.O.F., AWAW Media V.O.F. shall not be liable for any indirect and/or consequential damages, such as, but not limited to, loss of income.
6. In any case, AWAW Media V.O.F. shall not be liable for any damages of the User in case of force majeure, as referred to in article 6:75 of the Dutch Civil Code (” Force Majeure“). An event of Force Majeure shall include, but shall not be limited to:
   • a. strike, labour dispute, shortage of (man)power, fuel or electricity;
   • b. disruptions and accidents in (data) traffic;
   • c. government measures and embargos;
   • d. riots, war and social unrest;
   • e. extreme weather conditions;
   • f. fire, flooding and natural disaster; and/or
   • g. disruptions in internet connection or (telecommunications) networks and hardware malfunctions or disruption in access to the Website or the Account;
   • h. Viruses, epidemics and pandemics (such as, but not limited to, COVID-19).

Article 6 – Prohibitions

1. The User is not permitted to create multiple submissions and/or to post any User Content which:
   • a. deliberately contains incorrect information and/or is misleading;
   • b. consists of the assumption of a false identity;
   • c. contains advertising messages;
   • d. uses or collects data from other Users in order to use this data for other purposes than provided for in these UTC or to approach the Users other than via the Website.
   • e. refers to profiles that are not listed on the Website;
   • f. uses tools other than those approved by AWAW Media V.O.F., to search the Website or that uses data mining, robots or other means to collect data;
   • g. contains viruses, Trojan horses, worms, bots or other software that may hinder access to the Website and/or may damage the Website and/or the computer systems of AWAW Media V.O.F. in any way;
   • h. is in violation of the applicable laws or regulations or is otherwise unlawful or incompatible with public order or morality or in any other way inappropriate or undesirable;
   • i. may harm the interests and good name of AWAW Media V.O.F.

Article 7 – Intellectual property rights

1. All intellectual property rights, such as, but not limited copyright, trademarks, database rights and/or any other intellectual property rights, relating to the Website and the Services, including presented and non-presented content, except for the User Content, shall be owned by AWAW Media V.O.F.
2. The User provides AWAW Media V.O.F. with a free, irrevocable and transferable right with regard to the User Content placed by him on the Website, to publish and reproduce this User Content insofar as this is required within the framework of offering the Services.

Article 8 – Privacy

1. The User shall provide (personal) data to AWAW Media V.O.F. before using the Services. This data will be stored and processed in accordance with the Privacy Statement of AWAW Media V.O.F. The Privacy Statement is available at https://www.anyworkanywhere.com.

Article 9 – Miscellaneous

1. These UT&C’s are governed exclusively by Dutch law.
2. All disputes arising between the User and AWAW Media V.O.F. shall in the first instance be submitted to the competent court in the district of Amsterdam, the Netherlands unless mandatory law stipulates otherwise.