The Talent Inn
Note: These Terms of Service constitute an English translation of the Dutch ‘Algemene Gebruiksvoorwaarden’. In case of inconsistency between these two documents, the Dutch version shall prevail.
1.1. Herewith you find the General Terms of Service for Candidates of Talent Inn. We advise you to read the General Terms of Service with care so that you are aware of your rights and obligations when using the Service of Talent Inn.
1.2. These General Terms of Service are applicable to any use of the Service, also including the Account, the On-line Portal, Website, all other services provided by Talent Inn.
1.3. The words written with a capital letter have the meaning as defined in art. 2 of these General Terms of Service.
1.4. We would like to point out to you that these General Terms of Service may be modified at any time. The version on the website is the most recent version and it is the one that is applicable.
2.1. Account: the Account that grants access to an On-line Portal after the Candidate has given permission for the processing of his/her (personal) data and has accepted these General Terms of Service.
2.2. General Terms of Service: these general terms of service that are applicable to the use of the Service of Talent Inn.
2.3. Company: a natural person or legal person that makes use of the Service in order to contact Candidates to fill job openings.
2.4. Candidate: a natural person who uses the Service to find a new permanent position.
2.5. Online Portal: the personal online environment of a Candidate where Talent Inn publishes a summary of his/her Profile and within which the Candidate can apply for permanent positions.
2.6. Agreement: the Agreement between the Candidate and Talent Inn to which these General Terms of Service are applicable.
2.7. Privacy Statement: the document that is available on the Website and that describes on what conditions Talent Inn processes and stores personal data and which (document) is integrally included in these General Terms of Service and is an inextricable part thereof.
2.8. Profile: the information on and (personal) data of the Candidate, also including assessment results and preferences with regard to work environment.
2.9. Talent Inn: the private limited liability company The Talent Inn B.V., with legal seat in Rotterdam, listed in the Trade Register under Chamber of Commerce number 80721338.
2.10. Service: the service offered by Talent Inn, consisting of connecting Candidates and Companies with the purpose of entering into an employment relationship.
2.11. Website: the website of Talent Inn, that can be reached at www.talentinn.com, as well as all underlying pages.
3. GENERAL PROVISIONS
3.1. The Service of Talent Inn consists of connecting Candidates and Companies with the purpose of entering into an employment relationship.
3.2. Talent Inn is an intermediary and in no manner a party to any employment relationship.
3.3. The content of and what is shown within the Online Portal and the Website is subject to copyrights protection. Talent Inn or (legal) persons affiliated with them are the holders of these rights. It is not permitted to Candidate to multiply and/or render public (parts of) the Online Portal and the Website, otherwise than for the purpose described in the General Terms of Service, without the prior written consent of Talent Inn.
3.4. The Online Portal and the Website may only be used for actions that are related to the Service of Talent Inn. It is not permitted to the Candidate to conduct actions that are not related to this Service. A Candidate who holds that certain actions do not fit within the objective of the Online Portal and/or the Website must report such without delay to Talent Inn.
3.5. It is up to the discretion of Talent Inn whether an action of a Candidate aligns with the objective of the Online Portal and/or the Website. Actions which in the opinion of Talent Inn do not fit within the objective of the Online Portal and/or the Website will be forthwith and without any further notification to such effect removed by Talent Inn.
3.6. Talent Inn is authorised, in case of actions by a Candidate which in the opinion of Talent Inn are not aligned with the objective of the Online Portal and/or the Website, to cancel the agreement with the Candidate with immediate effect and to deny him/her access to his or her Account.
3.7. The Online Portal and/or the Website contain hyperlinks through which the Candidate leaves the Website and/or the On-line Portal and is being redirected to third-party websites. Talent Inn has no authority over these websites or services. It therefore may be, that to the use of these websites or services of third parties, different conditions are applicable. Talent Inn does not accept any responsibility or liability for (the functioning and/or content of) these third-party websites or services.
3.8. Talent Inn has the right at all times, without prior announcement and without in any manner becoming indebted or liable towards the Candidate, to apply procedural and technical modifications and/or improvements on the Online Portal and/or the Website and/or to the Service.
3.9. Talent Inn is not obliged – whether or not upon request of a Candidate – to retain, modify, add, or remove certain functionalities of the Service and/or the Online Portal and/or the Website.
3.10. Talent Inn does not guarantee that (all parts of) the Online Portal and/or the Website and/or the Service are accessible at all times and without any interruptions or malfunctions. Talent Inn is not liable or indebted in any manner towards the Candidate for any damage that flows from or is the result of the (temporary) unavailability or the (temporary) outage of the Online Portal and/or the Website and/or the Service.
3.11. Candidate is responsible for the purchase and/or proper functioning of the infrastructure and sound telecom facilities (also including an internet connection) that are necessary to be able to make use of the Online Portal and/or the Website and/or the Service. Talent Inn is not responsible or liable for costs resulting from the use of telecommunications that are billed through the telecom provider.
4. ACCESS TO AND USE OF THE SERVICE
4.1. Talent Inn’s Service is free of charge for the Candidate and seeks to enable the Candidate to find a new permanent position. By way of online registration, the Candidate creates an Account which, after Candidate has given permission for the processing of (personal) data and has accepted the underlying General Terms of Service, provides access to a personal Online Portal. After creation of the Account an Agreement is deemed to be concluded. Within the Online Portal, the Candidate is given the opportunity to present himself as good and comprehensive as possible. Besides hard skills and curriculum vitae, Talent Inn also facilitates the presentation of different aspects, such as personality, cognitive skills, and preferences with regard to the work environment (the Profile). To such effect, Talent Inn cooperates with various partners. Within the Online Portal, the Candidate can directly apply for interesting positions at various Companies. Talent Inn can also contact the Candidate for a job opening at a Company. Through the Service, Talent Inn connects the Candidate with the Company after which the recruitment process of the relevant Company commences.
4.2. The Service provided by Talent Inn qualifies as a best-effort obligation. Talent Inn is not considered to be in default towards Candidate and is not bound to compensate any damage or costs to Candidate if Candidate for whatever reason does not succeed to find a new permanent position by making use of the Service of Talent Inn.
4.3. During registration, the creation of an Account, as well as when using the Service, (personal) data is being shared with / provided to Talent Inn. The Candidate gives Talent Inn permission to process such data. Talent Inn processes these personal data in accordance with applicable law. The Privacy Statement, available on the Website, describes under which conditions Talent Inn processes and stores personal data. This Privacy Statement is incorporated in full under these General Terms of Service and as such, is an inextricable part of these General Terms of Service. If a Candidate declares to agree to these General Terms of Service, then he/she also declares to approve with the Privacy Statement.
4.4.Talent Inn uses the services of third parties, for example services in relation to the assessment. Talent Inn has no control over these services. To the use of these third-party websites or services, different terms and conditions may be applicable. Talent Inn does not accept any responsibility or liability for (the functioning and/or content of) these third-party websites or services.
4.5. Candidate hereby unequivocally grants permission to share his or her data with third parties, including assessment providers, in the context of the Service that Talent Inn provides. The Candidate understands that this includes in any event the sharing of (personal) data which is captured in the Online Portal or collected otherwise as a part of the Service, with Companies in the context of a job application of the Candidate, upon own initiative or upon initiative of Talent Inn, for a job opening at the Company. With regard to a job opening at a Company, Candidate hereby grants permission to Talent Inn to contact him/her by phone, e-mail, or by other means of communication.
4.6. Talent Inn reserves the right, in case they consider a match between a Candidate and the position/activities, and/or the qualifications or competencies required, and/or salary indication, and/or the work environment/culture of the Company, to be insufficient, to reject the application of a Candidate.
4.7. Candidate guarantees towards Talent Inn that the information provided during registration, the creation of the Account, and when filling out and submitting the Profile, is complete, current, and accurate. Candidate acknowledges and understands that the accuracy, topicality, and completeness of the information provided is of highest importance for the optimal functioning of the Service. It is not permitted to create an Account in someone else’s name.
4.8. Candidate is responsible for keeping his (login) information private. It is not permitted to Candidate to share (login) information with third parties. Candidate is liable for all use related to the Online Portal via his / her Account. Talent Inn may assume that the Candidate effectively is the person logging in with his (login) information.
4.9. As soon as the Candidate knows or has grounds to suspect that his (login) information has fallen into the hands of unauthorised parties, Candidate must immediately inform Talent Inn accordingly, without prejudice to his or her own obligation to take effective measures him-/herself, such as the changing of his or her password.
4.10. The registration and creation of an Account and Online Portal is validated within 5 business days by Talent Inn. In the context of this validation, Talent Inn may ask for additional information from the Candidate. Talent Inn reserves itself the right, at own discretion, to accept or reject any request for registration. Only after validation can the Candidate make use of the Service of Talent Inn.
4.11. Candidate has the right, at any time, to cease the use of the Service free of charges and to (let) remove the Account.
4.12. In addition to the other (legal) means that Talent Inn have at their disposal, Talent Inn has the right at all times, without stating grounds and/or prior notification and without becoming indebted or liable towards a Candidate in any manner, to (temporarily) limit, suspend, or deactivate the activities of a Candidate with regard to the Service, as well as to temporarily or permanently remove the Account, to remove files, data and/or materials, to send out a warning, to terminate the provision of services, and to refuse to provide services, especially – though not limited to – if: 1) Candidate acts in violation of these General Terms of Service; 2) Talent Inn holds that (an) act(s) of a Candidate may cause damage or liability to him or herself, other Candidates, third parties, or Talent Inn.
5. EXCLUSION LIABILITY AND GUARANTEES
5.1. Talent Inn is not liable for any damage that the Candidate or a third party incurs as a result of the use of the Service of Talent Inn, during registration, the creation of the Account and/or use of the Online Portal, barring in the event of wilful intent or gross negligence on the part of Talent Inn, in which case Talent Inn can only be held accountable for the direct damage of the Candidate or third party in case and for a maximum of the amount that is disbursed in the relevant case by their liability insurance. The total liability of Talent Inn towards the Candidate will never exceed EUR 500,000.
5.2. Candidate hereby indemnifies Talent Inn against all third-party claims, which claims are related in any manner to or flow from actions conducted by the Candidate upon use of the Service of Talent Inn, registration, the creation of the Account and/or the use of the Online Portal.
5.3. Any liability of Talent Inn for other than direct damage is excluded.
5.4. Right to compensation of any damage only arises if that damage is reported as soon as possible after its occurrence in writing to Talent Inn. Any claim for the compensation of damage lapses through the simple expiry of twelve (12) months after occurance of the claim.
6. FORCE MAJEUR
6.1. Talent Inn is not responsible for not providing the Service in the event of force majeure.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The intellectual property rights regarding the Service, also including the Website and the On-line Portal, as well as the information rendered accessible through the Service, lie with Talent Inn and/or their licensors.
7.2. Under the conditions as set in these General Terms of Service, Talent Inn grants the Candidate a limited, personal, revocable, non-exclusive, not sub-licensable and non-transferable right of access to and of use of the Service, including the Online Portal, for the purposes as described in these General Terms of Service.
7.3. Nothing in these General Terms of Service is intended to transfer any intellectual property right to a Candidate or to waive any intellectual property right.
8. MODIFICATION GENERAL TERMS OF SERVICE
8.1. Talent Inn may modify these General Terms of Services unilaterally at all times if circumstances or changes in law requires the same. As soon as a new version is available, it will be shown on the Website(s). This new version will be presented for acceptance to Candidate when he/she logs in on his/her Online Portal or makes use of the Service of Talent Inn in another way. If the Candidate does not agree with the modifications and/or supplements to the General Terms of Service, Talent Inn is authorised to remove the Account of the Candidate or to decide to no longer offer the Service to the Candidate.
9. FINAL PROVISIONS
9.1. If any provision of these General Terms of Service is or becomes invalid or non-binding, then the other provisions of these General Terms of Service remain fully applicable. Talent Inn will in such case replace the invalid or non-binding provision by a provision that is valid and binding and the purport of which, in view of the substance and purpose of the agreement, will be equal to the invalid or non-binding provision as much as possible.
9.2. In case of complaints, Candidates can refer to Talent Inn. Complaints are submitted in writing to the following address: Oostzeedijk 62 in Rotterdam or by e-mail to email@example.com.
10. DUTCH LAW AND DUTCH COURT
10.1. The Dutch version of these General Terms of Service is decisive.
10.2. To these General Terms of Service and to all agreements that may be the result hereof or may be related hereto, Dutch legislation is exclusively applicable.
10.3. All disputes that may arise in relation to these General Terms of Service or in relation to agreements that may be the result hereof or that may be related hereto will be exclusively submitted to the competent court of law in Rotterdam.
These Terms of Service were last amended on November 3, 2020