Terms and Conditions
You accept that, by clicking “I accept ClearSource Personal Branding Terms & Conditions", you are agreeing to enter into a legally binding contract with ClearSource SPRL (“us”, “we”) for the full provision of the Services without any reserve. If you do not agree to this contract (“User Agreement”), do not click “I accept ClearSource Personal Branding Terms & Conditions ” and do not access or otherwise use our Services.
We reserve the right to unilaterally amend the present User Agreement from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to the User Agreement means that you are consenting to the updated terms.
2. The Services
Under the Personal Branding Services (the “Services”) we offer you the possibility to have a dedicated space on our website (www.clearsource.eu and its arborescence) (the “Website”) where relevant information about you and your professional skills is displayed to the general public in order to promote yourself and help you find working opportunities with potential employers which are clients of us. With the information that we display about you on our Website, third parties should normally not have enough information to contact you directly and will therefore always do so through us. If somehow a third party manages to contact you directly consequently to your information displayed on our Website, you specifically agree to discharge us from any kind of liability and to provide us with the identity of the third party who contacted you. As part of the Services, in order to maximize your chances of finding a working opportunity we will transfer your information to third parties via targeted emails, generic newsletter or any other means.
3. Service Availability
We may unilaterally modify wholly or partially or discontinue our Services at any time. We do not guarantee to store or keep showing any information and content that you have posted.
You must be at least 18 years old and have the power and authorizations to use the Website
5. Your account
A physical person can only have one valid account on the Website.
Your account is personal and may not be transferred to third parties. We reserve the right to deny all account requests on a pure discretionary basis without having to inform you about our decision. Your account will only be valid and active upon receipt of a confirmation e-mail from us.
You are free to delete your account and therefore terminate the Services at any time by sending an e-mail to firstname.lastname@example.org with heading “Please delete my account” as well as your first and last name and your email address associated with your account. We are free to close or suspend your account at any time if you are in breach of this User Agreement or if we have suspicions that you may have breached it. Grounds shall be stated for any such termination or suspension. Further to such a termination or suspension, you shall no longer be permitted to create a new account on the Website nor shall you be allowed to continue to benefit from our Services, except in the event the suspension has been repealed. The termination of the account shall have as consequence the deletion of all its content from the Website.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer your account and (4) comply with applicable law. You are responsible for anything that happens through your account.
You agree that we may contact you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address) (3) via a phone call. You agree to keep your contact information up to date.
7. Use of the account
You agree that you will:
- Comply with all applicable laws, including, without limitation, intellectual property laws;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
You agree that you will not:
- Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
- Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
- Use an inappropriate picture;
- Create a false identity;
- Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
- Create an account for anyone other than yourself (a real person);
- Use or attempt to use someone else's account;
- Harass, abuse or harm another person;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
- Disclose information that you do not have the consent to disclose (such as confidential information of others);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
8. Intellectual Property
You own the content and information that you submit or post to your account and you are only granting us the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through your account and in the frame of our Services, without any further consent, notice and/or compensation to you or others.
The content of the Website (excluding your information) is protected by copyright. Our software or certain parts or components of the Website or of the content may be patented or have patent application pending in Belgium or outside of Belgium. The Website itself is also protected by copyright and as a database.
9. Your information
10. Links from and to other Websites
The Website may contains links or hyperlinks to third party websites. All information which, by way of links or hyperlinks, leads to third party content or to websites administered by third parties for informational purposes or by way of service delivery to you does not come under our responsibility. Third party websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites.
To the extent allowed under applicable law, we (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non infringement); (b) do not guarantee that the Services will function without interruption or errors, and (c) provide the Services (including content and information) on an “as is” and “as available” basis
You agree that in relation to the Services, our total liability towards you whether based upon an action or claim in contract, tort (including negligence), warranty, misrepresentation, equity or otherwise (including any action or claim arising from the acts or omissions of us, including any indemnity, or in any manner related to this User Agreement), will not in the aggregate exceed an amount equal to one thousand euros (1,000 EUR).
Neither party shall be liable to the other in contract, tort or howsoever arising for any incidental, indirect, punitive, special, or consequential loss or damages of any kind, or for any loss of use, loss of business, opportunity, goodwill or loss of profit or data. Nothing in this User Agreement shall limit either party’s liability to the other for death or personal injury caused by negligence.
You will indemnify and hold us harmless from third party claims arising out of your infringement of this User Agreement and reimburse us for all expenses (including counsel fees and court costs) incurred by us in connection with such claim.
13. Entire agreement
This User Agreement sets forth the entire understanding between the parties with respect to the subject matter of this User Agreement and supersedes all prior agreements, conditions, warranties, representations, arrangements and communications, whether oral or written, between us.
14. Relationship of the parties
In connection with this User Agreement, each party is an independent contractor and does not have any authority to bind or commit the other. Nothing in this User Agreement will be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose.
We reserve the right to assign this User Agreement, partly or wholly, to a third party without having to obtain your consent. You are prevented from assigning this User Agreement without our prior consent in writing.
If a court of competent jurisdiction or arbitral panel finds any term or provision of this User Agreement to be invalid, illegal or otherwise unenforceable, such term or provision will not affect the other terms or provisions of this User Agreement or this User Agreement as a whole. Such term or provision will be deemed modified to the extent necessary, in the court’s opinion, to render such term or provision enforceable while preserving to the fullest extent permissible, the intent and agreements of the parties set forth in this User Agreement. Upon such modification, the rights and obligations of the parties will be construed and enforced in accordance with such modification.
17. Force Majeure
Neither party will be liable for any delays or failures in performance, losses or damage due to circumstances beyond its reasonable control, including without limitation, acts of God, disease, war, terrorism or the public enemy, riot, civil commotion or sabotage, expropriation, condemnation of facilities, changes in law, national or state emergencies or other governmental action, strikes, lockouts, work stoppages or other such labor difficulties, floods, droughts or other severe weather, fires, explosions or other catastrophes, or accidents causing damage to or destruction, in whole or in part, of the equipment or property necessary to perform the Services.
18. No Waiver
No waiver of any provision of this User Agreement will be effective unless it is in writing and signed by the party against which it is sought to be enforced. The delay or failure by either party to exercise or enforce any of its rights under this User Agreement is not a waiver of that party’s right to later enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise of these rights or any other right.
19. Governing law
This User Agreement will be governed by and construed in accordance with the laws of Belgium, without giving effect to conflict of law rules. Any dispute, controversy or claim arising out of or in connection with the User Agreement, which cannot be settled amicably between the parties, shall be finally and exclusively settled by the courts of Brussels, Belgium. The language to be used in the proceedings shall be French.