TERMS OF USE
Last updated and effective as of 25th May 2018.
1. General
Please read the Terms of Use carefully before accessing or using the e-recruitment services (inter alia allowing to submit applications for a job or traineeship position with recruiters or employers having recourse or making use of Skeeled (“Recruiter”)) offered or made available by Skeeled HR s.à.r.l. (a private limited liability company (société à responsabilité limitée) incorporated under the laws of Luxembourg and registered with the Luxembourg Business Registers (LBR) under number B207903, whose registered office is at L-4936 Bascharage, 19 A, rue de la Reconnaissance Nationale (Luxembourg) (“Skeeled”); such e-recruitment services and any other services and features (including products, websites, mobile applications, software or other technologies and content) offered or made available by Skeeled are hereinafter referred to as “Skeeled Services”.

By accessing the Skeeled Services, you (the “Applicant” or "you") accept and agree to become bound by the terms and conditions set forth in the Terms of Use. If you do not accept the policies or do not understand any information set forth therein, do not use the Skeeled Services.

By accepting the Terms of Use you acknowledge that you entirely understand the Policies and any information set forth therein and you certify that you are over sixteen (16) years old (or if applicable any higher age required in your country of residence in order to use Skeeled).

Please note that you should read the Terms of Use, including the documents referred to therein (in particular the Skeeled Privacy Policy) (altogether the “Policies”), carefully before you use the Skeeled Services, as the Policies define your rights and responsibilities in dealing with Skeeled.

2. Skeeled’s commercial activities
Skeeled offers human resource applications allowing you to make use the Skeeled Services with a view to submit job or traineeship applicants (whether spontaneously and general or for a specific job or traineeship position advertised by a Recruiter) via the Skeeled Services with a Recruiter (“Application”) while at the same time providing Recruiters with e-recruitment services and features (e.g. the possibility to process, categorise, list, sort or otherwise handle Applications) which inter alia allow to create a detailed employability profile of Applicants and to determine by recourse to algorithms which Applicants are suited for a job or traineeship position with such Recruiter.

3. Interpretation
In the Terms of Use, unless the context otherwise requires:
  • a reference to a document is a reference to that document as modified or replaced from time to time.
  • a reference to a person shall include any company, corporation or any corporate body wherever incorporated.
  • words importing the singular shall be treated as importing the plural and vice-versa.
  • any heading, caption or section title contained in the Policies is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any inconsistency between the Policies and other agreements, the Policies shall prevail to the extent of the inconsistency.

4. Use of the Skeeled Services
4.1. General
As long as you agree to and comply with the Terms of Use, Skeeled grants to you a personal, noncommercial, non-exclusive, non-transferable, non-sublicensable and limited right to access and use the Skeeled Services under the conditions set forth in the Terms of Use.

Depending on your country of residence, you may not be able to use all the functions of the Skeeled Services. It is your responsibility to know and abide by the differing rules and laws in your own country of residence and/or the country from which you access the Skeeled Services.

4.2. Important information: Absence of control by Skeeled & Recruiters’ discretion
Please note that Skeeled does not exercise any control or command, of whatsoever nature, on (i) any content, information or data introduced, exchanged, published disseminated, or otherwise made available to you by Recruiters in the course of your use of the Skeeled Services and (ii) any content, information or data you are requested to submit to Recruiters via the Skeeled Services (e.g. in particular in response to questions you should answer) in the course of your use of the Skeeled Services (“Recruiter Content”).

Please note in particular that all questions asked to you during the application process and all information you are required to submit during the application process (which form integral part of the Recruiter Content) depend on the sole and exclusive choice of the Recruiter.

Skeeled shall thus bear no responsibility for Recruiter Content, in particular for questions you may be required to respond to or for the Recruiter’s choices with regards to the information you are required to submit.

Please also that, notwithstanding the advantages of the Skeeled Services, the final decision of the Recruiter to hire or to not hire an Applicant always remains at the Recruiter’s sole and exclusive discretion and responsibility. Skeeled shall not be held responsible or liable for any decision taken by the Recruiter.

Under no circumstances or grounds, Skeeled may be considered as being a party to an Application, a contract entered into by an Applicant and a Recruiter (“Job Contract”), any communication made via the Skeeled Services or any related disputes between you and the Recruiter. As such, Skeeled shall not be liable for or in relation to any Application or Job Contract (either concluded or not concluded) or any performance, or payment thereunder.

4.3. Unlawful & prohibited use
You shall not use the Skeeled Services for any purpose other than your own personal and noncommercial use and you expressly accept to not submit any information or Application for any other person or to assist others in doing so without such person’s express prior consent. Besides any internal action Skeeled or the Recruiter may take, such as the deletion of the information or Application submitted, Skeeled may also elect to take further action against you, including any possible claim for damages.

You shall in particular not access or use the Skeeled Services:
  • for any purpose that is unlawful or prohibited by the Policies.
  • in violation of any applicable laws, or of the Policies
  • in any manner that could damage, disable, overburden, or impair the Skeeled infrastructure (e.g. the Skeeled servers or its IT material)
  • in order to perform a criminal activity
  • in order to obtain or attempt to obtain any materials or information by any means not intentionally made available to you by Skeeled or the Recruiter.
  • make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source codes of any software protected by Skeeled’s intellectual property rights.

5. Intellectual property
5.1. Ownership, Names, Images & Logos
Unless specifically stipulated otherwise, all materials related or relating to Skeeled or otherwise promoted by Skeeled are the property of Skeeled and are protected by copyright, trademark and other applicable laws.

Skeeled holds and reserves all intellectual property right in relation to the Skeeled Services, such as the trademarks, service marks and logos of Skeeled and all other content and materials, in particular names, images, logos, software, text, graphics, data, prices, trades, charts, graphs, video and audio (whatever may be their format), relating to or identifying Skeeled in whatsoever form (e.g. text, graphic, images, audio, video, html code, buttons, trademarks, software, logos).

The provisions enshrined in the foregoing paragraphs of this section apply identically to third parties and/or their products including their services.

5.2. Restrictions
Except as expressly authorised in the Terms of Use, you must not, and must not permit, allow or help any other person to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or otherwise distribute the Skeeled Services in any form or by any means, whatsoever.

You must in particular not:
  • use the Skeeled Services for any other purposes than your purely personal purposes (e.g. you must not allow a third party to access or otherwise use Skeeled for any competitive analysis, commercial, professional, or other for-profit purposes)
  • copy the Skeeled Services
  • modify, adapt, or create derivative works of Skeeled
  • offer, rent, lease, loan, resell, transfer, sublicense or distribute the Skeeled Services to others
  • decompile, disassemble or reverse-engineer the Skeeled Services or otherwise attempt to derive any software source code, algorithms, methods or techniques used or embodied in any of the features offered by Skeeled
  • disclose to any third party the results of any benchmark tests or any other evaluation of the Skeeled Services
  • remove, alter, obscure, cover or change any intellectual property right, trademark, copyright or other proprietary notices, labels or markings from or relating to the Skeeled Services.
Any violation of this Section consists a material breach of the Terms of Use and shall, without prejudice to any other legal action Skeeled may take (in particular Skeeled’s right to claim damages), entail the right for Skeeled to suspend and terminate without notice or any other formality the provision of any service to you.

By using the Skeeled Services:
  • you remain entirely, solely and exclusively responsible and liable for any content, information or data introduced, exchanged, published disseminated, requested or made available or otherwise submitted by you via the Skeeled Services (“Applicant Content”). You shall only submit information that is accurate, correct, complete, reliable and not misleading and you shall update your Personal Data immediately if it changes or is inaccurate;
  • you warrant that you hold all necessary rights to publish submit and/or transmit any Applicant Content.

6. Warranties
No warranty is given that this web application shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Skeeled does in particular not warrant that it will operate the Skeeled Services in a manner which is error-free, virus-free, bug-free, or in an uninterrupted, timely, secure, accurate, complete or compatible with your equipment or electronic communications facilities.

Skeeled does, to the largest extend permitted by law, not warrant that the Skeeled Services meet your requirements or expectations or that it will fit any particular purpose. Skeeled does in particular, not provide any warranty as regards the successful securing of a job or traineeship position with a Recruiter.

Any and all further warranties, not expressly set forth in the Policies are formally excluded.

7. Termination and Suspension
You may terminate your use of the Skeeled Services, immediately and at any time, without reason and without recourse to the courts, by sending an email to myapplication@skeeled.com.

Skeeled is entitled to terminate or to temporally suspend the provision of Skeeled (including your Job Application), without reason and without recourse to courts, by written notice sent to you via e-mail. Skeeled shall in particular be entitled to permanently delete any Applicant Content or to prohibit you from accessing and using the Skeeled Services, in particular in the event:
  • of a violation by you of Section 4.3. of the Terms of Use (Unlawful & prohibited use);
  • of a violation by the Applicant of Section 5 of the Terms of Use (Intellectual property);
  • you or your Applicant Content represent a threat, in particular from a technical and IT point of view, for the security of the Skeeled Services, Skeeled, other Skeeled users or third-parties.
Any violation or infringement by the Recruiter (i) of its obligations when dealing with Skeeled or (ii) of the rights of either Skeeled, you, or any third party (such as any unlawful dissemination of Applicant Content) shall constitute a material breach of the Recruiter’s obligations which may lead to the termination or suspension of any contract or agreement between Skeeled and such Recruiter. As a consequence, the termination or suspension of any contract or agreement between Skeeled shall allow Skeeled – without any right to indemnification for you – to withdraw and delete any Applicant Content submitted to such Recruiter, in whole or in part.

8. Exclusion of Liability
To the largest extent permitted by law, Skeeled shall only be liable for gross negligence or wilful misconduct and in no circumstances shall such liability exceed a total amount of thousand euros (1.000 EUR).

Skeeled shall, to the largest extend permitted by law, in particular not be held responsible or liable for:
  • any loss or damage, of whatsoever nature and in particular possible discrimination, arising out or being related to the use of the Skeeled Services;
  • any loss or damage, of whatsoever nature, arising out or being related to the Recruiter’s decision to hire or to not hire an Applicant, including any decision taken by the Recruiter on the basis of the Skeeled Services or being related to the performance of a Job Contract (either concluded or not concluded or any performance or payment thereunder).

9. Indemnification
You shall, to the largest extent permitted by law, defend, indemnify, and hold Skeeled, including any member of the Skeeled corporate family, its partners, its managers, affiliates and/or employees (“Skeeled Affiliates”), harmless from and against any action, claim, suit, proceeding, loss, liability, damage, cost or expense (including, without limitations, any legal fees) arising out of or related to your use of the Skeeled Services or violation by you of your obligations under the Policies, whether directly or indirectly;

In the event Skeeled receives any action, claim, suit, proceeding, loss, liability, damage, cost or expense from a third party as specified above, Skeeled reserves the right (i) to discontinue your access and/or use of the Skeeled Services and (ii) to block or delete all or part of your Applicant Content.

10. Data protection
The Skeeled Privacy Policy gives you additional information on the processing of your Personal Data when accessing or using the Skeeled Services.

11. No advice
For the avoidance of doubt, Skeeled does not provide any advice in connection with or related to your use of the Skeeled Services (in particular your Applicant Content).

Any decision to submit an Application or any Applicant Content you choose to submit via the Skeeled Services is exclusively your decision and Skeeled will not be liable for any loss or damage suffered in relation thereto.

12. Age limit
You shall only access and use the Skeeled Services if you are you are over sixteen (16) years old (or, if applicable, any higher age required in your country of residence).

13. Availability and modification of the Terms of Use
The Terms of Use have been made available to you prior to your use of the Skeeled Services (in particular before you submitted an Application) and remain available on the website of Skeeled.

Skeeled reserves the right to revise, change, modify, update, supplement, add or remove portions of the Terms of Use, at any time, in an exercise of its sole discretion. When Skeeled makes such changes to the Terms of Use, Skeeled will notify such changes to you by making the amended Terms of Use available on its website (“amended Terms of Use”). It is your responsibility to review the amended Terms of Use.

Your continued use of the Skeeled Services subsequent to the notification of such changes, or the absence of any objection thereto, constitutes your acceptance of the amended Terms of Use, meaning that all actions subsequent to the notification of such changes, of whatsoever nature, will thus be governed to the amended Terms of Use.

14. Contact Skeeled
If you have any questions or complaint relating to the Policies or the Skeeled Services or any other matter, please contact myapplication@skeeled.com.

15. Miscellaneous
The use of Skeeled is personal to you and you may not assign any of your rights and obligations under the Terms of Use to any other party.

Skeeled may, in particular in case of acquisition or merger, freely assign any of its rights and obligations under the Policies to any other party.

Except specifically stipulated otherwise, the Policies shall supersede any and all prior or contemporaneous written or oral agreements between the Parties with respect to such subject matter.

Except specifically stipulated otherwise, no failure or delay of Skeeled or Skeeled Affiliates to exercise any right or remedy under these Policies shall be considered as a waiver of such right or remedy, or any other right or remedy under the Policies.

No waiver is effective unless it is given in writing.

Any notice by or to Skeeled and any notice by and to you in connection with or the Policies must be served first and foremost by using the messaging facility on the Website or by sending an email to myapplication@skeeled.com. Such notice shall be considered as equivalent to paper documents, including for evidence purposes.

You or Skeeled may however also serve a notice by fax, hand delivery, post or courier. In such a case, any notice to Skeeled must be served at Skeeled’s address.

Skeeled will serve any such notice to you at your email address or any other address indicated in your Application or otherwise available to Skeeled.

If any provision of the Policies is found to be invalid, unlawful or unenforceable, then such provision shall be severed from the Policies, and the legality, validity or enforceability of the remainder of the Policies shall not be affected. In such case, you shall immediately negotiate in good faith a valid replacement provision with Skeeled, which is as close as possible to the original intention of the severed provision and has the same or a similar economic effect.

16. Applicable law & Jurisdiction
The provision of the Skeeled Services and the Policies are governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg, excluding to the largest extent legally permitted by law any provisions of Luxembourg private international law as well as any provision of law that would result in the application of the law of a different jurisdiction. This shall be without prejudice to the protection of the mandatory provisions of the law of another Member State of the European Union that would be applicable in the absence of the present paragraph.

Any disputes arising from or being related to the provision of the Skeeled Services or being related to the Policies shall be submitted to the jurisdiction of the Courts of the district of Luxembourg-City (Grand-Duchy of Luxembourg).