Terms of Use.

The following Terms of Use are applicable to the use of the web application Equalture (‘the Application’). The Application is offered by Equalture B.V., having its registered office at Mauritsweg 35, Rotterdam (the Netherlands) and registered with the Dutch Chamber of Commerce under registration number 69620172 (‘Equalture’).

Article 1. Conclusion of agreement, applicability, duration and termination

  • By creating an account and using the Application, you conclude an agreement (‘the Agreement’) with Equalture under the conditions set forth in these Terms of Use.
  • These Terms of Use are applicable to the use of the Application and the account, the entire registration process, the screening process, and other services of Equalture.
  • The Agreement is concluded when you create an account, and is entered into for an indefinite period of time.
  • You can terminate the Agreement at any time, without a notice period.
  • You can terminate the Agreement by deleting your account.

Article 2. Registration and account

  • Via the Application, you can create an account as a job applicant, to share and/or make available your previous experiences and results on the games to a potential employer.
  • Equalture can change the login procedure and your login details if it deems this necessary for the functioning of the Application. Equalture will endeavour to inform you of this in advance. Since this is done in order to prevent (further) misuse, prior notification is not always possible.
  • Messages regarding (your use of) the Application will, as much as possible, be sent to the e-mail address linked to your account.
  • Creating an account happens by sharing your email address with Equalture. In case you want to access Equalture for the same job or another job at a later moment, a verification token will be sent to your account, to ensure that the email address belongs to you.
  • Creating an account does not provide any guarantee of getting a job via the Application, or being invited for a job interview.

Article 3. Division of responsibility

  • You are obliged to provide full, correct and up-to-date personal data when applying to a job opening through Equalture.
  • Equalture only fulfils an intermediary role between employee and employer, and is not a party to any labour agreement which you conclude (whether or not via the Application) with an employer.

Article 4. Terms of use

  • It is forbidden to use the Application in a way which is contrary to these Terms of Use, or violates Dutch or other applicable legislation and/or regulations. It is expressly forbidden to use the Application in a manner which can cause nuisance or damage for Equalture or third parties.
  • If Equalture discovers that you violate these Terms of Use or applicable law, or receives a complaint about this, Equalture may take measures to end the violation. Equalture will then block access to the relevant information.
  • Equalture is at all times allowed to file a criminal complaint if it reasonably suspects that criminal offences are committed using the Application, and Equalture will provide its cooperation in case of legitimately given orders from governmental authorities. Equalture is allowed to provide your name, IP address and other identifying data to a third party alleging that you violate his rights or these Terms of Use, provided that:
  1. it is sufficiently plausible that the information, in itself, is unlawful and harmful to the relevant third party;
  2. the third party has a real interest in receiving the data;
  3. it is plausible that there is no less intrusive manner to receive the data; and
  4. the interests of the third party in receiving the data should prevail.
  • You are obliged to follow all reasonable instructions of Equalture regarding your use of the Application.

Article 5. Availability and maintenance

  • Equalture shall endeavour to keep the Application available as much as possible, but does not guarantee uninterrupted availability.
  • Equalture shall actively maintain the Application. Maintenance will, as much as possible, be done at moments at which the use of the Application is relatively low. Emergency maintenance can take place at any time, and without prior announcement.
  • If, according to Equalture, nuisance, damage or another danger occurs for the functioning of the systems or network of Equalture or third parties, in particular by accessing the Application an excessive number of times, leaking of (personal) data or malware or other damaging software, Equalture may take any measures which it reasonably deems necessary to end or avert such damage or danger. This may lead to restricted availability of the Application.

Article 6. Support

  • If you have any questions, or experience any problems in using the Application, you can contact Equalture, via support@equalture.com. Equalture endeavours to deal with your question or problem within a reasonable period of time.

Article 7. Intellectual property rights

  • All intellectual property rights regarding the Application rest with Equalture or its licensors. The same applies to intellectual property rights to texts, images and other materials available via the Application. These may not be used by you in any manner, except when expressly specified in these Terms of Use, or when you are allowed by law to do so.
  • You receive a personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Application in accordance with these Terms of Use, as long as you have an account for the Application.
  • You have no right to access the source code of the Application, and it is expressly forbidden to retrieve the source code by reverse engineering, decompilation or otherwise, except when this is allowed under mandatory law.
  • Equalture can take technical measures to protect the Application. In case such measures have been taken, it is not allowed to circumvent or remove these.

Article 8. Privacy and protection of personal data

  • If you use the Application, your personal data will be processed. See Equalture’s privacy statement for more information.
  • Equalture will only have access to your personal data saved via the Application if this is necessary for providing its services, or when Equalture is legally obliged to do so.

Article 9. User data

  • All information which you save via the Application or otherwise provide to Equalture shall remain your property (or of your licensors). Equalture shall receive a non-exclusive right to process such information to the extent necessary and to share your information with the Company you are applying for.
  • The right of use under Article 10.1 ends after your account for the Application has been closed. Equalture will then delete your information after one year of inactivity.
  • Equalture is not responsible for ensuring that the Company you are applying for removes your data in time. Apart from requesting Equalture to delete your information, it is also necessary to request this to the Company you are applying for, if desired.

Article 10. Liability

  • The use of the Application is free of charge. Except in case of intentional misconduct or deliberate recklessness, Equalture B.V. shall not be liable for the use of the Application or any damages in connection therewith.

Article 11. Force majeure

  • In case of force majeure, Equalture B.V. is never required to compensate damages suffered by you. Force majeure includes, amongst others, disruptions or unavailability of the internet or telecommunication infrastructure, malware or (d)dos attacks, power interruptions, war, riots, strikes, company disruptions, interruptions in supply, fires and floods.

Article 12. Changes to Terms of Use

  • Equalture has the right to modify or supplement these Terms of Use. Equalture shall announce changes or additions through the e-mail address linked to your account, at least thirty days before they become effective.
  • If you do not wish to accept the modifications or supplements, you can terminate the Agreement until the date the changes take effect. Use of the Application after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
  • Minor changes and additions can be made at any time by Equalture. In such case, you do not have the possibility to terminate the agreement on the basis of these changes and/or additions.

Article 13. Miscellaneous

  • Dutch law applies to these Terms of Use.
  • In case any part of these Terms of Use are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
  • Equalture B.V. is entitled to transfer its rights and obligations under these Terms and Conditions to a third party as part of an acquisition of Equalture or the associated business activities.