- Applicability: this agreement, and the privacy policy and the homerun policies incorporated by reference (the “Agreement”), applies to the legal relationship between Homerun B.V., with its address at Singel 542, Amsterdam, registered with the Dutch Trade Register with number 66911524 (“we” or “us”) and you (“you” or a “user”).
- Our Services: for the applicable fee set out in our homerun policies, we offer an online software service (the “Service”), which – basically – consists of an online marketplace that allows you to post job vacancies. Through our website, we connect you to interesting candidates that have subscribed to our Service (the “Candidates”). The service levels of our Service (such as uptime, support and technical maintenance) are further set out in our homerun policies.
- We keep your information safe: We have taken technical precautions to keep your information safe. All information transferred between you and us, or between you and other users, is shared with us only on a strictly need to know basis only (e.g. to help you retrieve access to your account), and is treated with strict confidentiality.
- No representation: we do not check or view the content on offer on our Service and we are under no obligation to verify profiles submitted to us by Candidates. We make no representation or warranty in that respect. While we use best efforts to only offer our Service to reputable parties (such as our Candidates), we also make no representation or warranty in relation to these parties. If you notice anything on Homerun that violates this Agreement or our homerun policies, please notify us immediately at info@homerun.co.
- Accessing the Service: once you have access to the Service, you will receive a confirmation email, with information and instructions on how to set up your account. Please keep your passwords and personal information safe – it’s your responsibility. Refer to our homerun policies if you want more information on this.
- Rules of Conduct: we respect your rights and demand that you respect our rights, the rights of other users, and of third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights. In addition, you agree not to:
a. impersonate or pretend affiliation with any person or entity;
b. access any non-public areas of our website or Service;
c. lispread viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
d. attempt to probe, scan, compromise or test the vulnerability of our website or Service or any rel - We will disclose or investigate information only if: we reserve the right to disclose any information in so far necessary (i) to defend ourselves in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defence, public security or public health and (v) to uphold this Agreement.
- Indemnity: You will defend, indemnify and hold harmless us, our employees and our affiliates, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal and accounting fees), arising out of or in any way connected with your access to or use of the Service or your violation of this Agreement, including any third party claims that the Service infringes or violate any third party rights. However, this limitation of liability does not intend to exclude our liability if we are intentionally or deliberately reckless.
- Liability: in no event will we be liable to you (or to any third party) for any damages arising out of the use of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not we have been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. We do not accept any liability for damage as a result of an attributable failure in the performance (toerekenbare tekortkoming) of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service
- Governing Law & Jurisdiction: this Agreement is governed by Dutch law. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Amsterdam, the Netherlands.
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