GOOZUP INTERNATIONAL - TERMS OF USE

This page states the terms and conditions (the 'Terms and Conditions') under which you may use www.GoozUp.com (the 'Web Site'). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. GoozUp International B.V. and its affiliated companies ('GoozUp') may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms 'You' and 'User' as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

1. Use of Web Site Content

GoozUp respects the intellectual property of others and we ask our Users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other GoozUp Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site and/or the other GoozUp Sites of any users who infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked.

2. Acceptable Site Use

General Rules : Users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.

3. Specific Prohibited Uses

GoozUp Sites may be used only for lawful purposes by individuals seeking employment and career information, individuals or companies seeking to help others finding employment, and employers seeking employees. GoozUp specifically prohibits any use of any GoozUp Site, and all users agree not to use, or allow any party under their control to use, any GoozUp Site, for any of the following :

• Posting any incomplete, false or inaccurate biographical information or information which is not an accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf, or on behalf of a third party who gave his/her permission).
• Posting any franchise, pyramid scheme, 'club membership', distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
• Using the GoozUp CV database for any purpose other than as an employer, or intermediate for an employer, seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, 'club membership', distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
• Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a GoozUp Site.
• Deleting or revising any material posted by any other person or entity.
• Using any device, software or routine to interfere or attempt to interfere with the proper working of any GoozUp Site or any activity being conducted on this Web Site.
• Taking any action which imposes an unreasonable or disproportionately large load on any GoozUp Site's infrastructure.
• If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search any GoozUp Site other than the search engine and search agents available from GoozUp on such GoozUp Site and other than generally available third party web browsers.
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any GoozUp Site.
• Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any GoozUp Site.
• Framing of or linking to any of the Web Site Content or information available from any GoozUp Site.
• Posting jobs which require the applicant to provide information relation to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings or (vii) age.

4. User Information

When you register for the Web Site, you will be asked to provide GoozUp with certain information including, without limitation, a valid email address (your 'Information'). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that GoozUp may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. GoozUp will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. GoozUp reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by GoozUp or by third parties.

5. User Submissions

As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using any GoozUp Site you agree not to, do the following things :

• post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner;
• post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity;
• post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes;
• impersonate another person;
• or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

GoozUp does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Any hyperlinks, 'hidden' keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.

6. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify GoozUp of any unauthorised use of your registration or password by e-mailing this, in English, to: legal@goozup.com.

7. GoozUp's Liability

GoozUp Sites are only a venue. This Web Site acts as a venue for employers to post job opportunities, referrers to recommend candidates and candidates to post CV's and does not screen or censor the listings offered. GoozUp is not involved in the actual referral, hiring and rejection processes between employers, referrers and candidates. As a result, GoozUp has no control over the quality, safety or legality of the jobs or CV's posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other GoozUp Sites.

Because user authentication on the Internet is difficult, GoozUp cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any GoozUp Site, in the event that you have a dispute with one or more users, you release GoozUp (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and the other GoozUp Sites. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Web Site and/or the other GoozUp Sites.

You agree to immediately notify GoozUp in any case of violation of the above by e-mailing this, in English, to: legal@goozup.com.

The Web Site Content may contain inaccuracies or typographical errors. GoozUp makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to GoozUp Sites and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the GoozUp Sites. Employers and referrers are solely responsible for their postings on the GoozUp Sites.

GoozUp is not to be considered to be an employer with respect to your use of GoozUp Sites and GoozUp shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any GoozUp Site.

GoozUp does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of any GoozUp site or Webt Cite content results in the need for servicing or replacing equipment or date, GoozUp is not responsible for those costs. The GoozUp Sites and Web Site content are provided on an 'AS IS' basis without any warranties of any kind. GoozUp, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness of particular purpose and non-infringement with respect to our services or any GoozUp Site or the functionality, performance or results thereof. GoozUp makes no warranties about the accuracy, reliability, completeness, or timeless of the material, Web Site, Web Site content, services, software, text, graphics and links.

8. Disclaimer of Consequential Damages

To the extent permitted by law, in no event shall GoozUp, its suppliers or any third parties mentioned on any GoozUp Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, loss of business or damages resulting from lost date or business interruption) resulting from the use or inability to use any GoozUp Site and the Web Site content, whether base on warranty, contract, tort, or any other legal theory, and whether or not GoozUp is advised of the possibility of such damages.

9. Links to Other Sites

The Web Site and certain other GoozUp Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by GoozUp of the contents on such third-party web sites. GoozUp is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

10. No Resale or Unauthorised Commercial Use

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorised commercial use of any GoozUp Site.

11. Limitation of Liability

To the extent permitted by law, GoozUp’s maximum liability arising out of or in connection with any GoozUp Site or your use of the Web Site content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed 150 euros.

12. Termination

GoozUp reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and other GoozUp Sites and/or immediate termination of your registration with or ability to access the Web Site and other GoozUp Sites and/or any other service provided to you by GoozUp, upon any breach by you of these Terms and Conditions or the terms and conditions of any GoozUp Site or if GoozUp is unable to verify or authenticate any information you submit to the Web Site registration or other GoozUp Site registration.

13. Indemnity

You agree to defend, indemnify and hold harmless GoozUp, its officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a GoozUp Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. GoozUp shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

14. General

GoozUp makes no claims that the Web Site Content may be lawfully viewed or downloaded outside the Netherlands. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the Netherlands, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the law of the Netherlands. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Dutch court. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and GoozUp with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

15. Data protection

In accordance with the provisions of the Dutch law GoozUp International B.V. has registered here activities concerning the handling of privacy data with the 'College Bescherming Persoonsgegevens' according to the Dutch law 'Wet Bescherming Persoonsgegevens' as first stated 1 September 2001.

16. Additional Terms of Use

Certain areas of this Web Site and the other GoozUp Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Update effective 1 august 2008