1. Website Operator
This website is owned, controlled and operated by Rock Payroll B.V. whose registered office is at 2545 VP Den Haag, The Netherlands (“Rock Payroll”). Information or material submitted to this website is hosted and stored in a database on servers situated in The Netherlands. References to Group Companies are references to companies that are controlled, directly or indirectly, by Rock Payroll or are group companies of Rock Payroll.
In these terms and conditions “we” means Rock Payroll, and “our” shall be construed accordingly. “you” means the person, company or organisation browsing and/or using the Website, and “your” shall be construed accordingly.
2.1 These terms and conditions are applicable to every legal relationship between Rock Payroll and you which is related directly or indirectly to this website and the material contained therein or provided thereby (including design, layout, look, appearance, information, texts, graphics, images, trademarks, logo’s, product names and software; together hereinafter referred to as “Material” and this website and the Material hereinafter referred to as this “Website”).
2.3 Terms of business of Rock Payroll or its Group Companies will apply to any offer or agreement related to our services or our organisation, or as the case may be, the terms that regulate the relationship between the job seeker and the relevant Group Company . Copies of these may be provided by or can otherwise be obtained directly from the relevant Group Company.
2.4 Rock Payroll reserves the right to and may, at any time and without prior notice, (i) terminate or limit such access and use, (ii) vary or amend this Website and these terms and conditions and (iii) charge and subsequently increase fees. The amended terms shall apply from the moment they are published on this page, without prior notice being required. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
2.5 Any offers made by means of this Website may be revoked by Rock Payroll, its Group companies, job offerors or recruiters both before and immediately after acceptance.
3. Use of Website
3.1 This Website is protected by intellectual property rights, including copyrights, database rights and trademark rights, and such rights are owned by Rock Payroll, its licensors or contributors to this Website. The content of the Website and all downloads are intellectual property rights of Rock Payroll or third parties. All trademarks, trade names and logos displayed on the site are registered and unregistered trademarks of Rock Payroll or Group companies
3.2 Rock Payroll, its licensors and the contributors to this Website only grant you the revocable and nonexclusive right, which may not be sublicensed or transferred, to use this Website solely for (i) in case of job seekers, personal, noncommercial use, (ii) in case of job offerors and recruiters, recruitment purposes relating to job seekers who provided information to or via this Website (meaning, among other things, that job offerors and recruiters other than Rock Payroll or its Group Companies may only read such information and use it for a specific job proposal and not, among other things, make such information public, copy parts of the database or use it to bring your services to the attention of others) and (iii) in case you are not a job seeker, job offeror or recruiter, personal, non-commercial use (meaning, among other things, that job offerors or recruiters may not be approached for providing services by other means than the employment relationship which they are seeking to have with a job seeker). The use of any software that may be made available to download from this Website is, insofar an end user license agreement accompanies is or is included with such software, subject to the terms and conditions of such end user license agreement with the exclusion of these terms and conditions. If, however, such end user license agreement is (for whatever reason) not applicable, the use of such software is subject to these terms and conditions.
3.3 Any use of this Website other than in accordance with clause 3.2 (including making public, copying other than per instance viewing of a page from the Website, spamming, denial of service attacks, automated searches, spidering, using intelligent agents, anything which may decrease performance of the Website, harvesting, modifying, framing, transmitting or distributing) (i) is not permitted without prior approval from Rock Payroll and (ii) may constitute to intellectual property right infringement, be a criminal offence or give rise to claim for damages.
3.4 You will comply with all applicable laws, rules and regulations relating to your use of the Website. You will comply with all reasonable instructions we give you relating to the Website.
3.5 You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and prevent any unauthorised person accessing the Website through the use of your password.
4. Your materials
4.1 You guarantee that all material you submit, send, or upload to the Website (“Your Material”) (i) is legal, decent, honest and truthful, (ii) complies with all laws, rules and regulations, (iii) does not infringe intellectual property rights of use or any third party, (iv) is not subject to any duty of confidentiality and is non-proprietary, (v) is not defamatory, obscene, offensive, pornographic or otherwise objectionable, (vi) is free of bugs, worms or viruses and (vii) is not fraudulent, false, unreliable or misleading. You agree that Rock Payroll or its Group Companies may remove Your Material from the Website if it deems that you are in breach of the foregoing sentence.
4.2 You grant Rock Payroll a worldwide, non-exclusive, irrevocable and perpetual license to use, make public, copy, modify, display, frame, transmit or distribute Your Material for any purpose (together “Using Your Material”), it being understood that your personal information will always be held by Rock Payroll in accordance with its privacy statement.
5. Reliance & relationships between visitors
5.1 This Website should not be relied on and does not constitute any form of advice or recommendation. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility. Any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
5.2 Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship and Rock Payroll makes no representation or warranty and is not responsible for you finding suitable employment or filling your vacancy.
This Website contains links to other websites and other websites may contain links to this Website. Rock Payroll is not responsible or liable for such other websites or the availability of such links. Any link provided on this Website is provided as a convenience only and such links or websites linking to this Website are not intended to be, nor may be construed as, an endorsement of any kind by Rock Payroll of those other websites.
7.1 No representation, warranty or condition, express or implied, statutory or otherwise, as to condition satisfactory quality, performance, fitness for purpose or otherwise is given by Rock Payroll or its Group Companies in respect of the Website, including the Website (i) being compatible with all hardware and software which may be used by visitors to the Website, (ii) operating in accordance with your expectations, (iii) being error free, (iv) being accurate, or (v) being available. All such representations, warranties and conditions are excluded except to the extent their exclusion is prohibited by law.
7.2 Rock Payroll’s liability to you and your sole remedy vis-à-vis Rock Payroll under or in connection with the Website (whether based on negligence, breach of contract, breach of statutory duty, restitution, tort or otherwise) shall be to take such actions reasonably required at Rock Payroll’s discretion to remove or delete data entered in error or the subject of dispute, or correct data entered in error.
7.3 These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from negligence or fraud of Rock Payroll or its Group Companies or for any matter which would be illegal for Rock Payroll or any such Group Company to exclude or to attempt to exclude its liability.
7.4 Except as set out in clause 7.3, each of Rock Payroll and its Group Companies will not be liable to you whatsoever (whether based on negligence, breach of contract, breach of statutory duty, restitution, tort or otherwise) for any injury, death, cost, damage or direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) whether it was foreseeable or not, howsoever caused, arising out of or in connection with the use or relying on this Website, including as a result of any computer virus. It is your responsibility to run an antivirus program when using this Website.
7.5 You agree to indemnify Rock Payroll and its Group Companies and hold them harmless from and against any costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs which Rock Payroll or such Group Companies may suffer or incur in consequence of (i) Using Your Material or (ii) you being in breach of these terms and conditions.
7.6 Certain statements on this Website comprise forecasts on Rock Payroll’s future financial condition and results from operations and certain plans and goals. By their nature, such forecasts generate risk and uncertainty because they concern events in the future and depend on circumstances which then apply. Any number of factors can cause actual results and developments to deviate from those expressed in the forecasts stated here. Such factors can be, for example, general economic conditions, scarcity on the employment market and the resulting demand for (temporary) personnel, changes in labor legislation, personnel costs, future exchange rates and interest, changes in tax rates, future corporate mergers, acquisitions and divestments and the speed of technical change. You are cautioned not to place undue reliance on these forecasts. These are not intended to provide any guarantees regarding future results. Due to the risks and uncertainties that are always involved in any operating environment or business, we cannot make any assurances that these forecasts will prove correct.
8. Privacy and cookies
8.1 We are committed to the protection of Personal Data collected via our Website. Rock Payroll’s privacy statement can be seen by clicking here and forms part of these terms and conditions. Our privacy statement explains what personal data we collect, for what purposes we may use it, how we handle it, to whom may we disclose it and what are your rights. If you have any questions related to our Data Protection statement or any data protection concerns, or would like to exercise your rights, you can contact us at email@example.com
9.Jurisdiction and general
9.1 The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute which may arise out of or in connection with (i) any legal relationship between Rock Payroll and you which is related directly or indirectly to this Website, (ii) these terms and conditions, (iii) use of the Website or (iv) Use of Your Materials shall be governed by Dutch law and the competent court in Amsterdam shall have exclusive jurisdiction to settle any such disputes.
9.2 These terms and conditions (including the privacy statement referred to in clause 8) contain all the terms which you and Rock Payroll have agreed in relation to the use of the Website.
9.3 If a provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect (a) the legality, validity or enforceability in any other jurisdiction of that or any other provisions; or (b) the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions.
9.4 A waiver (whether express or implied) by Rock Payroll of any of the provisions of these terms and conditions or of any breach or default by the other of Rock Payroll in performing any of these provisions will not constitute a continuing waiver and that waiver will not prevent Rock Payroll from subsequently enforcing any of the provisions of these terms and conditions not waived or from acting on any subsequent breach or default by the other party under any of the provisions of these terms and conditions.
9.5 A person who is not a party to these terms and conditions has no rights to enforce, or to enjoy the benefit of, these terms and conditions. However, every Group Company shall be entitled to enforce and benefit from the provisions of the terms and conditions as if it were a party thereto. Also, every employee of Rock Payroll or a Group Company, supplier, subcontractor or person/party for which Rock Payroll or a Group Company is vicariously liable shall be entitled to benefit from the provisions of the terms and conditions as if it were a party thereto.
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