Terms of use - Jobgether

Last updates on August 21st, 2023
    1. Scope of application
    2. JOBGETHER is a limited liability company (SRL) legally constituted and existing under Belgian law, with its registered office in Belgium at 1180 Uccle (Brussels), avenue du Prince de Ligne, n° 91/box 3, registered with the Crossroads Bank for Enterprises in Belgium under number 0726.964.817, and entered in the Brussels Register of Legal Persons (hereafter referred to as "Jobgether", " we ", " us " or " our ").

      These general terms and conditions of use (the " Terms of Use ") are intended to determine the conditions of access to and use of our website (the " Site "), as well as the platform operated by and owned by Jobgether, including all features and services available through the platform, accessible in Software-as-a-Service (SaaS) mode (the " Platform ") by:

      • any natural person seeking professional opportunities within a Flex Company (the " Talents ") on the one hand, and
      • any legal entity wishing to promote its Flexibility Policy and recruit Talents as part of its recruitment activities (the " Companies ") on the other hand.
        "Flex Company" means any company that has a Flexibility Policy.
        "Flexibility Policy" the policy put in place within companies to ensure maximum flexibility at work, for example in terms of working hours, work location, etc.

      When not referred to individually, Talents and Companies are collectively referred to as « User »,« you », « your » or « yours ».

      Jobgether and Users may hereinafter be referred to together as the " Parties " or individually as a " Party ".

      By accessing and using the Platform, you warrant that you are a natural person of at least eighteen (18) years of age or a legal entity with the legal capacity to contract and duly represented for this purpose. If you are not, you must not access or use the Platform. Jobgether reserves the right to request that you provide proof, by any means, that you meet the minimum age or capacity requirement.

    3. Acceptation
    4. When you register on our Platform (see below, 2.), we ask you to confirm that you have read and accepted the guidelines and other conditions attached to the consultation and use of the Platform contained in these Terms of Use, by checking the box provided for this purpose.

      This acceptance is final and without reservation, and extends to the other legal documents we make available on our Platform, including our Privacy Policy. If you do not agree with the contents of these Terms of Use, you must not access or use our Platform.

    5. Modification
    6. We reserve the right to modify these Terms of Use from time to time. If we do so, we will update the date on which the latest changes were made. This date appears at the top of our Terms of Use, accessible via the dedicated tab at the bottom of each page of our Site and Platform.

      Should there be any significant changes that may negatively impact the use of our Platform, we will actively inform you of the changes, for example by posting a notice on the Platform's homepage or by sending you an email to the email address you provided to us when you created your personal account (see below, 2.).

      Unless otherwise stated, any changes made are effective immediately. If you continue to access and use our Platform, you are conclusively deemed to have accepted our new Terms of Use. If you do not agree with the changes, you are free to delete your personal account at any time (see below, 3.).

    7. Contact
    8. If you have any questions, comments or complaints about the Platform, its content or its use, or about these Terms of Use, please contact us by e-mail at [email protected] or send us a letter to the postal address above. We will do our best to answer you as soon as possible.

      Should we need to contact you, we will always use the identification details (e-mail address and telephone number) that you provided when you registered on the Platform.

      We thank you for your visit and recommend that you read these Terms of Use carefully before accessing and using our Platform.

  2. Access to and registration on the Platform
    1. Access to the Platform
    2. To access the Platform for the first time, Users must register by creating a personal account (hereinafter, the « Account »). Signing up on the Platform is free.

      If you are a Company, you may also request our assistance in creating your Account on the Platform. Your login and password will then be sent to the email address you gave us when we contacted you.

      Users who already have an Account on the Platform can access it by logging in using their login and password.

    3. Registration on the Platform
    4. When you create your Account, you will be asked to provide your identification details and to choose a password.

      If you register as a Talent, you will be asked to provide your first and last name, your email address and your telephone number.

      If you register as a Company, you will be asked to communicate the identification details of the legal entity (name, surname and first name of the legal representative), as well as a telephone number and a contact email address.

      This information must be provided to create an Account on the Platform. You are required to provide true, accurate, complete and up-to-date information, and to keep this information up to date. In case of modification of this information (for example, a change of e-mail address), we ask you to update it via your personalized profile on the Platform (hereinafter, « Personal Space »).

      Please note that your login and password are strictly personal. When creating your Account, you are strictly forbidden to impersonate any other person or entity for the purpose of accessing and using our Platform. You must also maintain the confidentiality of your Account, your login and your password. You must inform us without delay of any use or risk of unauthorized use of your Account and/or your login and password. This communication should be sent to the email address [email protected]. Jobgether reserves the right to take, in these circumstances, all necessary measures to stop the usurpation.

      Each user may only have one Account on the Platform. You are strictly prohibited from assigning or transferring, in any manner whatsoever, your Account to a third party.

    5. Confirmation of Registration
    6. When you register, we ask you to complete a set of information to create your Talent or Company profile (the " Profile "). Once your Account has been set up, we will verify the information entered in your Profile. Jobgether reserves the right to request any document from you to verify the accuracy and compliance of the information provided in your Profile.

      Jobgether reserves the right to refuse your registration on the Platform at our sole discretion, particularly in the event that you refuse to share any document that verifies the accuracy and completeness of the information provided in your Profile. 

      If you register as a Company, Jobgether reserves the right to make the information provided in your Profile public on the Platform.

  3. End of Access
  4. You are free to delete your Account at any time by visiting the dedicated page in your Personal Area. This deletion is irreversible

    We reserve the right to suspend or delete your Account at any time and at our sole discretion, including but not limited to (i) if you fail to provide us with the information necessary to verify the accuracy and compliance of the information provided via your Profile, (ii) in case of breach of these Terms of Use, or more generally (iii) in case of failure to comply with applicable laws and regulations.

    We also reserve the right to terminate the User's access to the Platform at any time and at our sole discretion, should we decide not to continue marketing the Platform. In this case, you will be informed of the deletion of your Account by e-mail with at least three (3) months' notice before access to the Platform is permanently discontinued. You must take, within this period, all the necessary measures to safeguard the data you wish to keep. The cessation of the marketing of the Platform will not give rise to any compensation or reparation whatsoever on the part of Jobgether.

  5. Content made available via the Platform
  6. As a User of our Platform, you are solely responsible for the information you communicate and the content you publish through the Platform as well as, more generally, for all the elements you make available via our Platform (the « Content »)).

    When using our Platform, you agree to comply with all applicable laws and regulations. In particular, you agree not to publish, upload, post or transmit any Content (non-limitative list):

    • contrary to public order or morality ;
    • infringing ;
    • fraudulent, false or misleading;
    • abusive, defamatory, insulting, denigrating, slanderous, vulgar, obscene, shocking, pornographic, pedophilic ;
    • of a discriminatory, racist, intolerant, hateful nature or that encourages hatred or harassment of an individual or group of individuals;
    • threatening, abusive, violent or that encourages violence;
    • advocating crimes or offenses;
    • violating the rights of others and, in particular, likely to harm the dignity, honor or reputation of an individual;
    • undermining the protection of minors;
    • encouraging illegal or dangerous activities or substances

    You also agree to (non-limiting list):

    • protect your own data and/or software stored on your computer equipment from potential harm when using the Platform (viruses, Trojan horses or other malware);
    • comply with any instructions we may give you in connection with our Platform and its use (for example, in the event of maintenance work on the Platform);
    • refrain from copying and/or misappropriating for your own purposes or those of third parties, the concept, technologies or any other element of our Platform;
    • refrain from any practice that seeks to misuse the Platform for purposes other than those for which it was designed;
    • refrain from any practice that seeks to misappropriate the Platform for purposes other than those for which it was designed;
    • refrain from any action that imposes a disproportionate burden on the Platform's infrastructure and refrain from any behavior that may affect the proper functioning of our Platform;
    • refrain from selling, monetizing or conceding to a third party all or part of the access to the Platform or the information contained therein; and finally more generally,
    • refrain from violating these Terms of Use, as well as applicable laws and regulations.

    Should you fail to comply with any of the foregoing commitments or, more generally, should you violate applicable laws and regulations, we reserve the right to take all appropriate measures and, if necessary, to take any legal action necessary to preserve and defend our rights and interests.

  8. JOBGETHER offers a Premium Subscription ("Premium Subscription") to Talents, providing access to enhanced features and benefits. By subscribing to the Premium Subscription, you acknowledge and agree to the terms outlined below:

    1. Subscription Features:
    2. The Premium Subscription includes the following features ("Premium Features"):

      1. Unlimited Opportunities: Gain access to the widest selection of curated remote job opportunities available on the platform.
      2. Personalized Matches: Receive daily job recommendations generated by artificial intelligence tailored to your profile and preferences.
      3. VIP Applications: Participate in an exclusive recommendation process designed to highlight your profile to top employers seeking remote talent.
      4. Certified Advantage: Enjoy the benefits of Certified Jobgether Membership, enhancing your chances of successful job placement.
      5. Global Community: Become a part of a vibrant network of remote talents, providing opportunities for networking, insights, and support.
    3. Subscription Terms:
    4. The Premium Subscription is available to Talents upon payment of the associated subscription fee. The subscription fee, payment frequency, and payment methods will be communicated to users during the subscription process.

      Subscriptions are billed on a recurring basis unless canceled by the user.

      Subscription fees are non-refundable, and no refunds will be provided for partial subscription periods.

      The availability of Premium Features may be subject to changes and updates at the discretion of JOBGETHER.

    5. Termination and Cancellation:
    6. You may cancel your Premium Subscription at any time through your Account settings.

      Cancellation will take effect at the end of the current subscription period.

      JOBGETHER reserves the right to suspend or terminate Premium Subscriptions for violation of these Terms of Use or any other reason deemed appropriate.

    7. Data and Privacy:
    8. By subscribing to the Premium Subscription, you consent to the collection and processing of your personal data in accordance with the Privacy Policy.

    9. Disclaimer:
    10. The availability and quality of Premium Features are provided on a best-effort basis. JOBGETHER does not guarantee job placement or outcomes as a result of using Premium Features.

  9. Warranties and Limitation of Liability
  10. We are committed to providing information that is as accurate and correct as possible, but we do not guarantee the accuracy, completeness, reliability or suitability of all information and content made available to you on our Platform, and we cannot accept any liability for this. This applies both to information and content published on the Platform by us and to information and content published by you or, where applicable, by third parties. The terms « information » and « content » refer to all elements that may be made available on the Platform, including but not limited to texts, images, sounds or data.

    We shall not be liable for any damage or defect, whether permanent or temporary, to your computer equipment or data, incurred or caused in the course of or at the conclusion of the use of the Platform. In particular, we shall not be liable for the transmission of any viruses, Trojan horses or other malicious programs via the Platform.

    We cannot be held responsible for any hyperlinks that may be found on the Platform and that refer to websites operated by third parties, nor for any damage that may be caused to your devices (computer, smartphone, tablet, etc.) when you visit these sites. We have no control over these sites and cannot be held responsible for the information and content published on them.

    We use the latest technology as far as possible in the creation and use of the Platform and carry out regular checks to ensure that our Platform is accessible and functioning properly. However, we cannot be held responsible for any (temporary) breakdowns, interruptions or failures of the Platform or for any difficulties encountered due to maintenance work being carried out on it.

    We cannot be held responsible for any decision made or action taken by you based on the information and content published on the Platform. Furthermore, we cannot be held responsible for any errors or mistakes you may make on the basis of the information and content made available on our Platform.

    We cannot be held responsible for any damage, direct or indirect, that may be caused by the inaccuracy, incompleteness, irrelevance, omission or negligence in the production, elaboration, writing and interpretation by you of the information communicated and contents published on our Platform.

    More generally, we cannot be held liable for damages resulting from any violation of these Terms of Use by you or from your failure to comply with applicable laws and regulations.

  11. Indemnification
  12. Users agree, to the extent permitted by applicable law, to indemnify, hold harmless and defend Jobgether from and against any and all claims, losses, costs, liabilities or damages relating to or arising from:

    • the content made available on the Platform,
    • the violation of third party rights, in particular intellectual property rights,
    • the violation of any of the provisions of these Terms of Use and, more generally,
    • the violation of any laws and regulations that may apply as a result of the application of these Terms of Use.
  13. Intellectual Property
  14. All elements of the Platform, including but not limited to the systems and software used, the source code, the object code, the layout of the elements on the Platform, the IT infrastructure, the databases and content of any kind (including texts, images, visuals, photographs, sounds, logos, the name "Jobgether", trade names, trademarks and domain names), are protected by copyright and/or other intellectual property rights.

    All applicable intellectual property rights (copyright, trademark rights, database producer rights, design rights, patent rights, etc.) are and remain the property of Jobgether or have been incorporated into the Platform with the authorization of the owner of the rights in question.

    You may not store or record (except to the extent necessary for the use of the Platform), reproduce, modify, translate, disseminate to the public, distribute, rent, sell or transfer to third parties any of the elements of the Platform or any of the data or information made available on the Platform, nor may they be used in any way without our prior written authorization.

    All acts of extraction, data mining and similar acts with respect to the elements (or certain elements) of the Platform are strictly prohibited.

  15. Protection of personal data
  16. We process and store the personal data we collect when you visit and use the Platform:

    • in compliance with the laws and regulations in force, applicable to the processing of personal data and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Belgian law of 30 July 2018 on the protection of individuals regarding the processing of personal data, and
    • in accordance with our Privacy Policy.

    Since the Companies act, on their part, as data processors of the Talents’ personal data, we strongly recommend that the Talents consult the Privacy Policy of the Companies with which they come into contact via our Platform.

    The term « personal data » has the same meaning as given therein in Article 4, 1) of the GDPR.

  17. Miscellaneous Provisions
  18. Jobgether’s failure to enforce or take any action against the User for breach of any provision of these Terms of Use shall not be deemed a waiver of its right to enforce or take any action for subsequent breach of such provision by the User.

    Should any of the provisions contained in the various articles of these Terms of Use be invalid, this shall not affect the binding nature of the other provisions of our Terms of Use. The Parties agree that provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by conforming provisions that are as close as possible to the provisions deemed invalid and/or unenforceable and of equivalent economic effect.

    Should any inconsistency or dispute arise with respect to the interpretation of any term or provision contained in any translation (in one or more languages) of these Terms of Use, the French version of the Terms of Use shall prevail.

  19. Jurisdiction - Applicable law
  20. These Terms of Use shall be exclusively governed by and construed in accordance with Belgian law.

    Any dispute relating to these Terms of Use, in particular concerning their validity, interpretation or execution, and more generally, any dispute between the Parties, shall be submitted to the exclusive jurisdiction of the courts of Brussels, unless mandatory legal provisions of public order provide otherwise.

    Before taking legal action, the Parties shall take all reasonable steps to reach an amicable solution to the dispute between them.