SHORTLIST PLATFORM – TERMS OF USE

DISCLAIMER: Please read these terms of use carefully before using any of the Licensed Technology (as defined below). By clicking the “I agree” button, you agree that your use of the Licensed Technology shall be governed by these terms of use and that you have been previously informed of these Terms of Use.

These terms of use (the “Terms of Use”) descibe the terms and conditions under which Employers and Youngsters (“Users” or “you”) can use the Licensed Technology.

The Platform is operated and managed by Crossbridge BVBA, registered with the Crossroads Bank of Enterprises under company number 0840.164.411 and having its registered office at Vital Decosterstraat 67 bus A, B-3000 Leuven or any of its affiliates (jointly “Crossbridge” or “we”). If you have any questions about the Licensed Technology or these Terms of Use, please contact us at info@crossbridge.be or on +32 (0)16 31 91 04.

 

1. Description of the Platform

Crossbridge is an independent pioneer in coaching, recruitment and HR consulting, focusing solely on last-year students and young graduates. Crossbridge has developed the Shortlist platform, which is an online platform available on the Website and aimed at youngsters who are seeking guidance towards the job market (the “Platform”).

The Platform offers Youngsters a total package for career guidance, which consists of the following three modules:

  • - Self-knowledge: this module allows Youngsters to learn more about themselves and their hard skills, soft skills, interests, values and talents that are relevant and valuable in your job search.
  • - Personal Branding: this module allows Youngsters to develop a personal brand, based on their personality.
  • - Outreach: this module encourages Youngsters to take action and research companies and job assignments and to network and apply

Please note that there will be no distribution of personal information to Third Parties without explicit approval of the Youngsters.

 

2. Applicability

2.1 By clicking the “I agree” button, you acknowledge and agree that your use of the Licensed Technology and any part thereof is exclusively governed by these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not use in any manner the Licensed Technology.

2.2 In the event the Licensed Technology uses services of third parties, the terms of service and/or privacy policies of those third parties may apply. You shall be notified if and when such third party terms of services and/or privacy policies are applicable. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Crossbridge cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy.

2.3 We reserve the right at any time, and from time to time, with or without cause to:

  • - amend these Terms of Use;
  • - change the Licensed Technology, including eliminating or discontinuing, temporarily or permanently any service or other feature of the Licensed Technology without any liability against the User or any third parties; or
  • - deny or terminate, in part, temporarily or permanently, your use of and/or access to the Licensed Technology as set forth herein.

Any such amendments or changes made will be effective immediately upon us making such changes available in the Licensed Technology or otherwise providing notice thereof. You agree that your continued use of the Licensed Technology after such changes constitutes your acceptance of such changes. If you are a Youngster, you are entitled to promptly terminate your use of the Licensed Technology by removing your Account, if we would make any material changes to these Terms of Use.

 

3. No right of withdrawal

Please note that this Section only applies to Youngsters.

By clicking the “I agree” button and after you have completed the registration process for obtaining an Account, you explicitly acknowledge and agree that you have access to the Licensed Technology and the Coaching Services as set forth in these Terms of Use. As a consequence thereof, you acknowledge and agree that you lose your right to withdraw once the performance of the provision of the Licensed Technology by Crossbridge has started.

 

4. Use of the Licensed Technology

4.1 To use the Licensed Technology, your computer or mobile device requires a WIFI or mobile Internet connection. The access to such WIFI or mobile Internet connection is your sole responsibility. Please make sure that your computer or mobile device meets the following minimum system requirement:

  • - Modern web browser (Mozilla Firefox, Google Chrome, Safari, Opera, Microsoft Edge, Internet Explorer or other globally recognized providers)

If your computer or mobile device does not meet these minimum system requirements, we cannot ensure that the Licensed Technology will function properly. Crossbridge will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.2 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Crossbridge of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Crossbridge will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.3 During the Term, Crossbridge may, in its sole discretion, provide you with certain updates of the Licensed Technology. For the avoidance of doubt, Crossbridge is not obligated to provide any updates of the Licensed Technology.

 

5. License - restrictions

5.1 License for Youngsters. During the Term, Crossbridge grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Licensed Technology free of charge in accordance with these Terms of Use. You are not allowed to use the Licensed Technology for any commercial purposes or to use the Licensed Technology in a manner not authorised by Crossbridge. You shall use the Licensed Technology solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by Crossbridge, including, but not limited to, those posted within the Licensed Technology and (iii) any applicable legislation, rules or regulations.

5.3 Restrictions. You are not allowed to use the Licensed Technology for any commercial purposes or to use the Licensed Technology in a manner not authorised by Crossbridge. You shall use the Licensed Technology solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by Crossbridge, including, but not limited to, those posted within the Licensed Technology and (iii) any applicable legislation, rules or regulations.

You agree to use the Licensed Technology only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) make the Licensed Technology available or to sell or rent the Licensed Technology to any third parties; (ii) adapt, alter, translate or modify in any manner the Licensed Technology; (iii) sublicense, commercialize, display, provide, lease, loan, distribute, or otherwise make available the Licensed Technology to any third party, or otherwise using the Licensed Technology on a “service bureau” basis or use the Licensed Technology for any insourcing activities; (iv) use or copy the Licensed Technology except as expressly allowed under this section 5; (v) gain unauthorized access to accounts of other users or use the Licensed Technology to conduct or promote any illegal activities; (vi) use the Licensed Technology to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Licensed Technology (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Licensed Technology; or (x) remove or in any manner circumvent any technical or other protective measures in the Licensed Technology.

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Licensed Technology thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Licensed Technology.

5.4 License by User. By uploading, creating or otherwise providing User Content, you grant Crossbridge a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such user Content to the extent necessary to provide and maintain the Licensed Technology. Crossbridge reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.

 

6. Ownership

6.1 As between the User and Crossbridge, the Licensed Technology and all Intellectual Property Rights pertaining thereto, are the exclusive property of Crossbridge and/or its licensors.

6.2 All rights, titles and interests in and to the Licensed Technology or any part thereof not expressly granted to the User in this Agreement are reserved by Crossbridge and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Licensed Technology, including any right to obtain possession of any source code, data or other technical material related to the Licensed Technology.

 

7. Suspension for breach

If Crossbridge becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by Crossbridge, then Crossbridge may suspend or limit your access to the Licensed Technology. The duration of any suspension by Crossbridge will be until you have cured the breach which caused such suspension or limitation.

 

8. Support

In case you need technical support, you can contact our helpdesk from Monday to Friday between 9 AM and 6 PM:

  • - T: +32 16 31 91 04

9. Payment terms

9.1 Youngsters. As a Youngster, you agree to pay the Youngster Fee in consideration for your use of  the Licensed Technology during the Term. However, it may be possible that Crossbridge has provided you with login details that allow you to use the Licensed Technology free of charge.

 

10. Liability

10.1 To the maximum extent permitted under applicable law, Crossbridge shall only be liable for direct damages resulting from (i) its gross negligence; (ii) its willful misconduct; (iii) any fraud committed by Crossbridge or (iv) death or personal injury.

10.2 To the extent legally permitted under applicable law, Crossbridge shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the Licensed Technology under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the Licensed Technology, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Crossbridge have been notified of the likelihood of such damages. The limitation in this section 10.2 shall not apply to the obligations of Crossbridge under section 12 (“Indemnification”).

 

11. Warranties and disclaimers

11.1 By Crossbridge. Except as expressly provided in this section 11 and to the maximum extent permitted by applicable law, the Licensed Technology are provided “AS IS,” and Crossbridge makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Licensed Technology or any other products or services provided to the User by Crossbridge. Crossbridge does not warrant that all errors can be corrected, or that access to or operation of the Licensed Technology shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the Internet and that Crossbridge is not responsible and cannot be held liable for any losses of your data, including any User Content.

11.2 By User. You represent and warrant to Crossbridge that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Crossbridge’s system or data; or (v) otherwise violate the rights of a third party. The User acknowledges and agrees that Crossbridge is not obligated to back up any User Content. You agree that any use of the Licensed Technology contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Licensed Technology for which Crossbridge cannot be held liable.

 

12. Indemnification

12.1 By Crossbridge. Crossbridge shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Licensed Technology.

Such indemnity obligation shall be conditional upon the following: (i) Crossbridge is given prompt written notice of any such claim; (ii) Crossbridge is granted sole control of the defense and settlement of such a claim; (iii) upon Crossbridge’s request, the User fully cooperates with Crossbridge in the defense and settlement of such a claim, at Crossbridge’s expense; and (iv) the User makes no admission as to Crossbridge’s liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without Crossbridge’s prior written consent. Provided these conditions are met, Crossbridge shall indemnify the User for all damages and costs incurred by the User as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by Crossbridge pursuant to a settlement agreement.

In the event the Licensed Technology, in Crossbridge’s reasonable opinion, are likely to or become the subject of a third-party infringement claim (as per this section 12.1), Crossbridge shall have the right, at its sole option and expense, to: (i) modify the ((allegedly) infringing part of the) Licensed Technology so that it becomes non-infringing while preserving materially equivalent functionalites or (ii) obtain for the User a license to continue using the Licensed Technology in accordance with these Terms of Use.

The foregoing states the entire liability and obligation of Crossbridge and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Licensed Technology or any part thereof.

12.2 By User. You hereby agree to indemnify and hold harmless Crossbridge and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to (i) any breach or violation by you of any provisions of these Terms of Use or any other instructions or policies issued by Crossbridge; (ii) any User Content violating any Intellectual Property Rights of a third party and (iii) fraud, intentional misconduct, or gross negligence commited by you.

 

13. Privacy statement

Crossbridge recognizes and understands the importance of your privacy and engages itself to comply with the applicable laws on data protection in relation to the processing of Personal Data and its privacy policy (the “Privacy Policy”). Our Privacy Policy is available on www.myshortlist.be/privacy-policy. Your use of the Licensed Technology constitutes your consent to the processing of your Personal Data by Crossbridge in accordance wih its Privacy Policy.

 

14. Term and termination

14.1 Crossbridge shall grant you a license on the Licensed Technology during the Term as set out under these Terms of Use, unless these Terms of Use are terminated in accordance with sections 13.2 or 13.3.

14.2 Termination for breach. Crossbridge may terminate with immediate effect these Terms of Use and your right to access and use of the Licensed Technology if Crossbridge believes or has reasonable grounds to suspect that you are violating these Terms of Use (including but not limited to any violation of the Intellectual Property Rights of Crossbridge) or any other guidelines or policies issued by Crossbridge.

14.3 Termination for convenience. As a Youngster, you may terminate your use of the Licensed Technology at any time by removing your Account.

14.4 Effects of termination. Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the Licensed Technology and all user rights on the Licensed Technology that were granted to you herein shall automatically expire; (ii) Crossbridge may delete all data associated with your Account, including but not limited to the User Content, on the Licensed Technology and (iii) all rights and obligations of Crossbridge or User under these Terms of Use shall terminate, except those rights and obligations under those sections specifically designated in section 15.6.

 

15. Miscellaneous

15.1 Force Majeure. Crossbridge shall not be liable for any failure or delay in the performance of its obligations with regard to the Licensed Technology if such delay or failure is due to causes beyond our control due including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to Crossbridge’s information technology systems by third parties or any other cause beyond the reasonable control of Crossbridge (the “Force Majeure Event”). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under these Terms of Use and how we plan to mitigate the effect of such Force Majeure Event.

15.2 Severability. If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

15.3 Waiver. Any failure to enforce any provision of the Terms of Use shall not constitute a waiver thereof or of any other provision.

15.4 Assignment. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. Crossbridge shall be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.

15.5 Notices. All notices from Crossbridge intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this e-mail address, you must update your email address on your personal settings page.

15.6 Survival. Sections 5, 9, 10, 11 shall survive any termination or expiration of these Terms of Use.

15.7 Governing law and jurisdiction. Within the limits of the applicable law, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Leuven shall have sole jurisdiction should any dispute arise relating to these Terms of Use.

 

16. Definitions

  • - “Account” means the account that a User can use to log in to the Platform;
  • - “Agreement” means the agreement entered into between the Employer and Crossbridge for the provision of certain Employer Services by Crossbridge;
  • - “Crossbridge Content” means any and all Crossbridge- supplied materials, texts, audio, video, graphics and other information and data made available by Crossbridge to the User, by means of the Platform or during the provision of any Services;
  • - “Coaching Services” means any coaching and training services provided by Crossbridge to a Youngster;
  • - “Employer” means the company or physical person that has obtained a subscription to the Platform and has entered into an Agreement;
  • - “Employer Services” means the consulting and talent management services provided by Crossbridge to the Employer;
  • - “Intellectual Property Rights” shall mean any and all now known or hereafter coming into existence (i) patents, patent applications, patent disclosures and inventions (whether patentable or not and whether or not reduced to practice), trade marks, trade names (whether registered or unregistered), service marks, trade secrets, industrial designs, logos, rights associated with Deliverablesof authorship, including copyrights (whether registered or unregistered (including copyrights in software), copyrightable works and registrations and applications thereof, design rights, know how, computer software programs (including but not limited to source code and object code), data, databases and documentation thereof, business names, Internet domain names, database rights, rental and lending rights, rights to know-how, trade secrets and other confidential information or other non-public information or non-public processes (including information, inventions, improvements, research and development information, drawings, specifications, blueprints, flowcharts, schematics, protocols, programmer notes, designs, design rights, developments, discoveries, plans, business plans, proposals, (practical) pointers, specifications, technology, technical data and information, concepts, and information, methods, processes, procedures) and any other intellectual or industrial property or similar right throughout the world (whether registered or unregistered) and (ii) registrations, any applications for registration, renewals, extensions, continuations, divisions, reissues or improvements relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
  • - “Licensed Technology” shall mean the Platform, any and all Crossbridge Content and the Coaching Services or Employer Services;
  • - “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • - “Term” means the period during which the Youngster uses the Licensed Technology;
  • - “User Content” means any content, information, data or materials (whether protected by Intellectual Property Rights or not) provided or submitted by the User to Crossbridge in the course of utilizing the Platform;
  • - “Website” means www.myshortlist.be;
  • - “Youngster” means a final year student or young graduate who is looking for a job and is willing to be guided and coached by Crossbridge towards the right career path, tailored to its personalities, skills and ambitions using the Licensed Technology; and
  • - “Youngster Fee” means the one-off fee payable by the Youngster in consideration for its use of the Licensed Technology.