GENERAL TERMS AND CONDITIONS OF USE CANDIDATE PORTAL

Article 1 Definitions

For the purpose of these General Terms and Conditions of Use the following is understood as:

  1. General Terms and Conditions of Use or GTCU: the present terms and conditions with regard to the Candidate Portal as defined below, which are applicable to the use of the Candidate Portal.
  2. Account: personal protected space on the Candidate Portal where the User can register, consult, modify and sign documents.
  3. User: the person that visits and/or uses the Candidate Portal.
  4. User name: the login name that together with the Access Code grants the User the access to the Candidate Portal.
  5. Profile: the profile created by the User upon registration with data about his person.
  6. Platform: the portal that can be reached through the website.
  7. RGF STAFFING: RGF Staffing Belgium N.V., having its registered office in 2000 Antwerp at the Frankrijklei 101, Register of Legal Persons Antwerp, with enterprise number 0461.127.904, which acts as the owner and administrator of the Candidate Portal. Any and all rights and obligations that are mentioned in or that are allocated to RGF STAFFING in these GTCU are also vested in its Related Undertakings that effectively make the Candidate Portal available to the User. In this sense "RGF STAFFING" should – as the case may be – in these GTCU be understood as "RGF STAFFING" or the "Related Undertaking of RGF STAFFING that effectively makes the Candidate Portal available to the User".
  8. Access Code: the combinations of letters, numbers and/or punctuation marks that together with the User name grants the User access to the Candidate Portal.
  9. Related Undertakings: companies that pertain to the group of companies to which Bright Plus nv/sa belongs. The term "Group" should be interpreted in accordance with the meaning of group as defined in article 2 § 12 of European Directive 2002/87/EC of 16 December 2002.
  10. Privacy statement: privacy statement of Bright Plus nv/sa that can be consulted on the website
Words in the singular also include the plural and vice versa. Where he/him is used, this must be read to include she/her.

Article 2 Applicability of the GTCU

  1. The present GTCU are applicable to each and every access and/or each and every use of the Plattform by the Users.
  2. By accessing the Plattform in the capacity of visitor and/or User, the User accepts, unconditionally and without any reservation, any and all provisions of the present GTCU.
  3. The Users ensures that any person using his devices to visit or access the Plattform complies with the GTCU.
  4. Bright Plus nv/sa is entitled to adjust these GTCU as well as all or a part of the provisions of the GTCU, of which Users will be informed through the Plattform. If the User continues the use of the Plattform after the GTCU have changed then this implies that he has irrevocably accepted the adjusted terms and conditions of the GTCU.
  5. The latest version of the GTCU will be available on the Plattform.

Article 3 Purpose of the Platform

The Platform is aimed at facilitating temporary workers to transmit, modify and manage their personal data and to consult, demand and download a variety of documents related to their occupation.

Article 4 Access conditions and right of use

  1. Bright Plus nv/sa grants the User a personal, non-exclusive, revocable, non-transferable, and free right to use the Candidate Portal, however exclusively in the context of the use of Candidate Portal.
  2. The equipment and the material resources that enable access to the Candidate Portal are completely at the expense of the User.
  3. The User can personally terminate his registration at any time by sending an email to privacy@brightplus.be.
  4. The User is held to comply with any and all applicable (privacy) legislation and regulations.
  5. Each and every use of Candidate Portal takes place at the personal risk and expense of the User.
  6. The User shall take the approach and act as can be expected of a diligent and responsible User.

Article 5 Unauthorized use

  1. The User is not authorized to transfer -in exchange for payment or not - his User name, Access Code and/or Account to any third person.
  2. The User is entirely responsible for the use of his User name, Access Code and Account. The User commits to immediately inform Bright Plus nv/sa of any unauthorised user of his User name, Access Code and/or Account he becomes aware of.

Article 6 Confidentiality

Each and every User is held to observe confidentiality in respect of any and all information of a secret or confidential nature that he received from RGF STAFFING through the Platform.

Article 7 Limitation of liability

  1. Where legally permitted, Bright Plus nv/sa shall by no means be liable for damages, costs, consequences, and claims (including potential claims of third parties and any and all damages, costs, and consequences related to the same) that directly or indirectly derive from the use of the Platform. If and to the extent that Bright Plus nv/sa should nonetheless be liable in any way whatsoever then the following limitations shall apply:
    • Liability of Bright Plus nv/sa for indirect damages is excluded in all instances.
    • Each and every potential liability deriving from the present GTCU and/or use of the Platform shall be limited to a maximum amount of € 10,000.00 per event and to a maximum amount of € 20,000.00 per calendar year.
  2. The aforementioned limitations or exclusions of liability are applicable to the extent that they are legally permitted pursuant to the applicable legislation and are applicable irrespective of the liability regime, including but not limited to contractual liability, liability from unlawful act, and no-fault liability, barring in case of deceit, or wilful misconduct on the part of Bright Plus nv/sa.
  3. Complaints or claims must, subject to forfeiture, be submitted at the latest within 1 year from the date that the User has established or should have established the negligence.

Article 8 Availability of the Platform, malfunctions, and interruptions

  1. Bright Plus nv/sa cannot guarantee that the Platform is always accessible and without interruptions and/or malfunctions and shall therefore not be liable for damages resulting from technical shortcomings, interruptions and/or malfunctions in the access to the Platform.
  2. Bright Plus nv/sa shall make an effort to resolve potential technical shortcomings, interruptions and/or malfunctions in the access to the Platform as soon as possible.
  3. If an interruption and/or malfunction is caused by a User or a third party, whose acts can be allocated to the User, then any and all damages and consequences associated with this shall be at the expense of the said User. The User shall indemnify Bright Plus nv/sa in connection therewith.
  4. Bright Plus nv/sa shall be entitled to deactivate, limit and/or terminate the Platform, whether or not temporarily, without, as the occasion arises, being liable for the damages deriving from the same.
  5. The Platform can be updated from time to time in order to add new functions and Services. The maintenance and/or updates of the Platform can be carried out without notifying the User in advance.

Article 9 Virus protection

  1. Any and all activities that the User performs on and via the Platform must be free from viruses, worms, bots, Trojan horses or other software that can damage automated works, files or data or render them unusable or inaccessible, or erase them or can take possession of them. of them.
  2. The User is responsible for installing and updating the necessary anti-virus and other security software on the devices on which the Platform is used.

Article 10 Force majeure

In case of Force Majeure Bright Plus nv/sa shall not be held to comply with its obligations in respect of the User. Bright Plus nv/sa shall be authorised to suspend its obligations during the duration of the Force Majeure. 'Force Majeure' is understood as: each and every circumstance beyond the control of Bright Plus nv/sa that prevents it from fully or partly complying with its obligations in respect of the User or a third party.

Article 11 Invalidity

If a provision of these GTCU is fully or partly invalid, voidable or in violation of the law then it shall be deemed to stand alone and shall not be applicable. As the occasion arises, Bright Plus nv/sa shall replace the relevant provision by a provision of an identical scope that is not fully or partly invalid, voidable or in violation of the law. The other provisions of the GTCU shall remain in full force and effect.

Article 12 Waiver of a right

Failure by Bright Plus nv/sa to, at any time, enforce one or more of the rights established in these GTCU or to exercise any right pursuant to the same shall never be qualified as waiver of the relevant provision and shall never affect the validity of the said rights.

Article 13 Applicable law and dispute resolution

Belgian law is applicable to these GTCU. Potential disputes with regard to (the use of) the Platform that cannot be settled amicably shall be brought to the cognisance of the courts of the judicial district of Antwerp - Antwerp Division - that shall, with the exclusion of other courts, be competent.

Article 14 Privacy Statement and data protection

With regard to the registration and processing of (personal) data supplied by the User reference is made to the applicable Privacy Statement of Bright Plus nv/sa. The said Privacy Statement must be qualified as an inextricable part of these GTCU. The link to the Privacy Statement is shown when an account is created and when registering on the Platform and can always be consulted at website.