User Terms and Conditions of Yseasonal

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. The following definitions are used:

• Account: the User's personal account, created on the Yseasonal platform, enabling the User to make use of the Services;
• Employer: the legal entity that purchases services (such as advertising online space for vacancies) from Yseasonal, operating under the Yobbers B.V.;
• Services: the services consisting of i) offering and maintaining an online job search platform via the Yseasonal Website, and ii) providing the User access to the database with vacancies from the Employers, for the purposes of seeking employment;
• User: the natural person who accesses or uses the Yseasonal Website or uses the Yseasonal Services;
• User Content: all information made accessible by the User via the Yseasonal Website, including but not limited to education, job experience, and other relevant information for the purposes of seeking employment;
• UT&C's: these user terms and conditions of Yseasonal;
• Website: the website of Yseasonal, part of Yobbers B.V., available at https://www.yseasonal.com and all underlying pages;‍
• Yobbers B.V.: the private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated under the laws of the Netherlands, having its corporate seat (statutaire zetel) in the municipality of Leeuwarden, the Netherlands, with its registered office at (8911 AJ) Leeuwarden at Zuiderplein 4, the Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under number 68479441.

Article 2 - General

1. The UT&C's apply to the access and use of the Yseasonal Website and Services by the User and the provision of the Services by Yseasonal to the User.
2. By accessing or using the Yseasonal Website, creating an Account, or using any of the Yseasonal Services, the User acknowledges that he has read, understood, and agrees to be bound by the UT&C's.
3. All offers, including quotations, made by Yseasonal 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 Yseasonal 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. Yseasonal 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 Yseasonal 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 Yseasonal and the User shall enter into consultations 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, Yseasonal gives the User a limited, personal, revocable, non-exclusive, and non-transferable (including by means of a sublicense) right to access and use the Yseasonal Website and use the Yseasonal Services. The User is entitled to access and use the Yseasonal Website and use the Yseasonal Services for personal, non-commercial purposes only and within the purpose of the Yseasonal Website.
2. The manner in which, and the conditions under which, the Yseasonal Services should actually be used shall be shown to the User on the Yseasonal Website.
3. In order to make use of the Yseasonal Services, the User must create an Account in the manner as described on the Yseasonal Website. The User guarantees to Yseasonal 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. Yseasonal shall at all times be entitled to modify, adapt, and/or terminate the Yseasonal Services, without obligation to pay damages to the User, unless Yseasonal is statutorily obliged to pay any compensation.

Article 4 - Account

1. When creating the Account, the User must provide login details, which can thereafter be used to gain access to the Yseasonal Account.
2. The User is obliged to keep his login details secret. The User is not permitted to provide his login details to any third party or to grant such third-party access to his Yseasonal Account in any way whatsoever. The User is responsible for all use of the Yseasonal Services by means of the login details. Yseasonal may always assume that the User is actually the one who makes use of his login details.
3. The User shall immediately inform Yseasonal of any unlawful use of his Yseasonal Account, without prejudice to his own obligation to immediately take effective measures himself, such as changing his login details. The User shall do so by sending an email to aloha@yseasonal.com.
4. Yseasonal reserves the right, in case of misuse of the Yseasonal Website or an Yseasonal Account or non-compliance with these UT&C's, to restrict, suspend or deny the User access to the Yseasonal Services, to block or remove the User's Yseasonal Account temporarily or permanently, to remove the User Content from the Yseasonal 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 Yseasonal.
5. Yseasonal shall not be liable for any damages resulting from unauthorized access to or use of the Yseasonal Website and/or Services by third parties.
6. By making User Content available via the Yseasonal Website, the User automatically grants Yseasonal permission to place the User Content on the Yseasonal Website or to use this in any other way for the provision of the Yseasonal Services.
7. The User acknowledges and agrees that his User Content may be used by the Employers within the context of selecting and finding job seekers.
8. The User is at least 16 years old when creating the Yseasonal Account or confirms to have obtained parental or guardian consent to create an Account.

Article 5 - Indemnities, Guarantee, and Exclusion of Liability for Yseasonal

1. The Services offered by Yseasonal, are provided "as is" and "as available." Yseasonal expressly does not provide any guarantee:some text
   1. For the suitability of the Services for the purposes of the User;
   2. The accuracy of the data provided by any third parties, including the Users and the Employers;
   3. That the Services meet the User's expectations;
   4. 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.
2. The User acknowledges and accepts that Yseasonal have no knowledge of and/or interference in connection with the User Content and other information made available by the Users via the Website. Yseasonal expressly have no control over the hiring of personnel by an Employer and do not guarantee that the use of the Services by the User will lead to the offer of an (employment) agreement by an Employer. Yseasonal are explicitly not parties to any agreement that may be entered into between the User and the Employer, nor to the negotiation or conclusion thereof.
3. Except in the event of gross negligence or willful misconduct on the part of Yseasonal, Yseasonal shall not be liable for any indirect and/or consequential damages, such as, but not limited to, loss of income.
4. In any case, Yseasonal 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:some text
   • Strike, labor dispute, shortage of (man)power, fuel, or electricity;
   • Disruptions and accidents in (data) traffic;
   • Government measures and embargos;
   • Riots, war and social unrest;
   • Extreme weather conditions;
   • Fire, flooding, and natural disaster; and/or
   • Disruptions in internet connection or (telecommunications) networks and hardware malfunctions or disruption in access to the Website or the Account;
   • Viruses, epidemics, and pandemics (such as, but not limited to, COVID-19).

Article 6 - Prohibitions

1. The User is not permitted to create multiple User Accounts and/or to post any User Content which:some text
   1. Deliberately contains incorrect information and/or is misleading;
   2. Consists of the assumption of a false identity;
   3. Contains advertising messages;
   4. 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.
   5. Refers to profiles that are not listed on the Website;
   6. Uses tools other than those approved by Yseasonal, to search the Website or that uses data mining, robots or other means to collect data;
   7. 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 Yseasonal in any way;
   8. 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;
   9. May harm the interests and good name of Yseasonal.

Article 7 - Intellectual Property Rights

1. All intellectual property rights, including but not limited to copyright, trademarks, database rights, and any other intellectual property rights pertaining to the Website and the Services, encompassing presented and non-presented content, with the exception of User Content, shall be owned by Yseasonal.
2. The User acknowledges and agrees that Yseasonal holds exclusive rights to the intellectual property associated with the Website and the Services. This includes the design, content, and any proprietary features developed or utilized by Yseasonal in providing its services.

Article 8 - Privacy

1. The User is required to provide personal data to Yseasonal before utilizing the Services. This data will be handled, stored, and processed in accordance with the Privacy Statement of Yseasonal, accessible at https://www.yseasonal.com.
2. By agreeing to these User Terms and Conditions, the User consents to the collection, storage, and processing of their personal data as outlined in the Privacy Statement. It is recommended that the User carefully reviews the Privacy Statement to understand how their personal information is handled.

Article 9 - Miscellaneous

1. These User Terms and Conditions are governed exclusively by Dutch law. Any disputes arising between the User and Yseasonal, operating under Yobbers B.V. shall initially be brought before the competent court in the district of Noord-Nederland, the Netherlands, unless mandatory law dictates otherwise.
2. The User agrees to the exclusive jurisdiction of the mentioned court for the resolution of any disputes related to these User Terms and Conditions, the use of the Website, or the provision of Services by Yseasonal.