GENERAL TERMS AND CONDITIONS (of FashionUnited for customers)
2.1 Account: the account (to be) created by the Customer via the Website in order to gain access to and to use the Platform in the context of the Services.
2.2 Agreement: the agreement between FashionUnited and the Customer with regard to the use of the Platform for the Services;
2.3 Customer: the natural person or legal entity who registered and/or created an Account via the Website and entered into an Agreement with FashionUnited.
2.4 Customer Content: all content a Customer submits, posts, displays, uploads or otherwise makes available on the Website or Platform.
2.5 Data Processing Agreement: the agreement between Customer and FashionUnited with regard to the processing of personal data by FashionUnited at the instruction of Customer.
2.6 FashionUnited Content: all content that is offered via the Website and/or the Platform directly by FashionUnited or under license of a third party.
2.7 FashionUnited: FashionUnited International B.V., registered in the Dutch Chamber of Commerce under number 67692036., FashionUnited Infonomy B.V., registered in the Dutch Chamber of Commerce under number 32078229 and FashionUnited Benelux Ltd., registered in the Dutch Chamber of Commerce under number 34334453., with its registered office at Hoogoorddreef 56 S (1101 BE), Amsterdam (the Netherlands), also trading under the name FashionUnited.
2.8 Intellectual Property Rights: patent rights, trademark rights, copyrights, (registered and unregistered) design rights and/or other (intellectual property) rights, which also includes sui generis rights to database rights, or other products, as well as know-how, methods and concepts as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, related to and arising out of the Platform and the Website and the FashionUnited Content.
2.9 Parties: FashionUnited and Customer together.
2.10 Platform: the separated part of the Website, where only Customer can provide themselves access via its Account.
2.11 Services: the Services provided to Customer by FashionUnited under the Agreement.
2.12 Terms: these general terms and conditions of FashionUnited which are an integral part of the Agreement.
2.14 Website: the website of FashionUnited that is accessible via the URL www.fashionunited.com, www.FashionUnited.uk. www.fashionunited.nl and/or other URLs.
3.1 These Terms apply to the Agreement as well as to the Services provided under the Agreement and to including Customer’s access to and use of the Website, Platform and additional services via the Account and to every agreement related thereto.
3.2 The applicability of other terms and conditions of the Customer is explicitly rejected and such terms and conditions do not apply to the legal relationship between the Customer and FashionUnited.
3.3 By entering into an Agreement and/or using the Platform, Website and/or creating an Account for FashionUnited Customer accepts the applicability of the Terms and the applicability of our (privacy) policies and the Data Processing Agreement and represents and warrants that Customer is bound by the Terms and other policies of FashionUnited. In the event that an Account is blocked for whatever reason the Terms are also applicable.
3.4 FashionUnited may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify Customer. By continuing to access or use the Website and/or Platform after revisions become effective, Customer agrees to be bound by the revised Terms. If Customer does not agree to the new terms, Customer agrees that it shall stop using the Website and/or the Platform.
4. Conclusion Agreement
4.1 All offers or proposals submitted by the FashionUnited are free from obligations and revocable. FashionUnited is free to withdraw an offer, until such point that it has been accepted in writing by Customer.
4.2 All offers and proposals are valid for a period of 3 (three) months, unless it is otherwise stated.
4.3 FashionUnited retains the right to withdraw any offer if such offer is not confirmed by Customer in writing. If such order confirmation deviates from the offer from FashionUnited, FashionUnited is only bound by the content of such deviating confirmation if and insofar as FashionUnited subsequently explicitly consents hereto in writing.
4.4 An Agreement will only be effective:
4.4.1 after a written order confirmation has been sent by FashionUnited; or
4.4.2 in the event of a written agreement signed by both Parties;
4.5 An offer made by FashionUnited or an order confirmation from FashionUnited forms part of the Agreement.
4.6 In so far as the Services provided by FashionUnited include the processing of personal data by FashionUnited on behalf of Customer, the terms of the Data Processing Agreement apply to these (part of the) Services. The Data Processing Agreement forms an integral part of the Agreement.
5 Introduction of the FashionUnited Platform and Services
5.1 What is the Platform?
The Platform is intended to connect the Customer as employer to the worldwide network of jobseekers via the Website, without providing a physical data carrier to Customer. The Customer can create its own Account through which the Customer is able to upload job opportunities and additional relevant information, but also find other professionals the Customer is looking for.
FashionUnited’s role is limited to facilitating the Platform to enable fashion professionals to enter into contact with each other. FashionUnited has no responsibility and/or control over the Customer Content. FashionUnited will never become a party to an agreement between fashion professionals that is concluded with the help of our Platform, unless explicitly agreed otherwise by FashionUnited in writing beforehand.
5.1 Who can use the Platform?
FashionUnited provides Services according to which Customer may use the Website and Platform for the purpose of the labour market to get in touch with potential future employees for the purpose of recruitment activities or to connect with other fashion professionals and/or to sell their own products and/ or services.
The specific Services are described by FashionUnited on its Website and/or in the Agreement. An order is only binding after the offer is confirmed by FashionUnited in writing (according to article 4 of these Terms).
By submitting and/or uploading Customer Content (including but not limited to vacancies), Customer grants FashionUnited its approval for the publication of the respective content on the Website as well as other publication channels used by FashionUnited or its affiliates.
Subject to these Terms FashionUnited grants Customer a limited, non-exclusive, non-transferable, and revocable license to use our Platform in relation to the Services. This license cannot be transferred to third parties without the explicit written consent of FashionUnited.
6. Customer Account & access to Customer Account
6.1 In order to be able to use certain Services, Customer must create an Account. Creating an Account is free of charge. To create an Account, Customer needs to provide FashionUnited with the following details:
* company name and contact person
* username (e-mail adress)
* first name and surname of contact person
* e-mail address
* country of residence
optionally Customer may provide FashionUnited its:
* date of birth
* phone number
* internet site
6.2 An Account, created for the Services, is linked to the company of Customer that created and activated the Account and is non-transferrable. Customer is not allowed to create an Account on (behalf of) another person’s or entity’s name.
6.3 Customer will choose a password. The password provided by Customer is stored by FashionUnited with applying hashing technology which means that FashionUnited will not be able to see the password. The username is equal to the e-mail address. The username and password is needed to log into the Account.
6.4 Customer represents and warrants that the details Customer provides to FashionUnited for and/or via the Account are correct, complete and up-to-date. If the details change, Customer shall immediately change the Account accordingly. Customer can change the Account details online.
6.5 Customer shall treat the Account as confidential and with care. Customer will take reasonable measures so as to prevent unauthorized persons from taking cognizance and using the Account. Customer is personally responsible for keeping the password and username confidential and will not provide third parties access to the Platform via the Account.
6.6 Customer must immediately notify FashionUnited in writing of the loss or theft of the username and/or password or (the suspected) abuse or improper use of the Account by a third party. Customer is liable towards FashionUnited for all damage or losses arising out of the unauthorized use of the Account.
6.7 To use the Platform and the Services, Customer must arrange at its own expense for the device, software and internet connection required for that purpose.
6.8 FashionUnited may block or remove the Account including the Customer Content at its sole discretion and may block IP addresses if FashionUnited considers that necessary or justified. If the Account is blocked or if Customer can no longer use the Account for any other reason, Customer no longer has access to the Customer Content. FashionUnited is never liable for damage or losses suffered by Customer as a result of unauthorized use of the Account by third parties. FashionUnited is under no obligation to give Customer access to the Customer Content again. FashionUnited is under no obligation to make a backup of the Customer Content or to otherwise save it for Customer’s benefit. FashionUnited recommends that Customer creates its own backup. In case the Account is blocked, Customer does not have the right to open a new Account unless this is otherwise agreed upon.
6.9 If FashionUnited reasonably suspects that unauthorized persons use or may use the Account, it is entitled to block the Account including the Customer Content with immediate effect and to recover any damages or losses suffered by FashionUnited as a result thereof. FashionUnited is never liable for damage or losses suffered by Customer as a result of unauthorized use of the Account by third parties and/or the access of FashionUnited to the Account as a result of such unauthorized use.
6.10 Customer has the right to terminate the Account at any time in line with the procedure as indicated on the Website and/or the Platform. After closing the Account, Customer will not have access to the Customer Content and other information related to the Account unless this is otherwise agreed upon between Parties.
6.11 FashionUnited has the right to block the Account at its’ sole discretion.
6.12 Customer finds that another user of the Platform and/or Website is acting in breach of these Terms, Customer will report FashionUnited of such breach including the details of the breach.
7. Customer Content and sharing information
7.1 An Customer is allowed to submit and publish Customer Content on the Website. Customer retains ownership of the Customer Content. Customer grants FashionUnited a license according to the provisions as set out in article 8.
7.3 Customer acknowledges that Customer is solely liable for the use of the Platform related to the Services and the provision of information and Customer Content via the Website. By providing Customer Content, Customer warrants that Customer has the right to provide this information and that this information is correct, not of a confidential nature and not in violation with contractual restrictions or third party rights.
7.4 Customer agrees and guarantees not to submit, publish and/or use Customer Content that: (i) may create a risk of harm, loss, physical or mental injury to Customer or to any other person, (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a criminal act; (iv) contains any information or content that FashionUnited deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights to other people (publicly or otherwise), or otherwise objectionable; (v) contains any information or content that is illegal; or (vi) contains any information or content of which Customer knows it is not correct and current.
7.5 Customer agrees that any Customer Content that Customer posts does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
7.7 FashionUnited is never responsible or liable for any Customer Content that Customer or any (unauthorized) third party uploads, submits, posts in the Platform and/or Website. Customer shall be solely responsible and liable for the Customer Content and the consequences of posting or publishing it.
7.8 Customer may remove the Customer Content at any time from and via the Account, on the understanding that it is not possible to remove information if and insofar as the information has been shared with other users of the Website and those other users have stored, copied or otherwise used the information. After removal the data may remain present in the backup versions of the databases used by FashionUnited.
7.9 Customer agrees that FashionUnited will store and use the information and Customer Content Customer provided via the Account, in order to manage the Account, to optimize the use of our Platform, the Services and the Website.
8. License grant for Customer Content
8. By providing information and Customer Content via the Account or otherwise, Customer automatically grants FashionUnited a non-exclusive, worldwide, unlimited, sub-licensable and royalty-free right to copy, publish, remove, keep, multiply, analyse or otherwise use and communicate that information, in order to manage the Account, to optimize the use of our Platform, the Services and our Website and to perform our obligations under the Agreement, without any further permission or notification being required and without Customer or any third party being entitled to any compensation or damages.
9.1. Unless stated otherwise, all prices are quoted as net prices and do not include value added tax, which is to be paid additionally by the Customer.
9.2 FashionUnited may invoice the amount owed for the Services after the conclusion of the Agreement.
9.3 Payment of the invoices should take place within 14 days after invoice date, without deductions or right of suspension and/or set off. In the event of any delays in payment, a default interest at the rate of 5% shall be owed as well as extra-judicial collection costs which are fixed at a minimum of 15% (in words: fifteen percent) of the amount outstanding with a minimum of EUR 250,- (in words: two hundred fifty euro).
9.4 Notwithstanding the other rights of FashionUnited, FashionUnited is entitled to suspend its obligations under the Agreement in the event Customer is in default in regard with its obligations, such as (but not limited to) its payment obligations.
10. Disclaimer and Limitation of liability FashionUnited
10.1 FashionUnited’s provision of the Services and the use of the Platform and Website is provided on an “as is” and “as available“ basis. FashionUnited only has an obligation to use its best efforts. FashionUnited nor its affiliates make any warranty that (i) the Service will meet Customer’s requirements (ii) the Service of access to the Website and/or Platform and/or Account will be uninterrupted, timely, secure or error-free, (iii) any errors in the Service or Platform and/or Website will be corrected, (iv) the job vacancy and/or advertisement and/or any other information is published on the Website and/or Platform in accordance with the information provided by Customer and/or (v) the communication and/or application data sent by an job applicant and/or user of the Website will reach the Customer uninterrupted, timely, secure or error-free (vi) unauthorized use by third parties is prevented, nor will FashionUnited be liable in such circumstances.
10.2 Without prejudice to the other provisions of these Terms, neither FashionUnited nor its affiliates shall be liable for any direct, indirect, consequential, or any other damages or costs incurred by Customer by making use of the Service and/or the Website/and or Platform, whether based on breach of the contract or tort (including negligence). In no event shall FashionUnited’s aggregate liability exceed the amount paid by Customer to FashionUnited under the Agreement in relation to which the damages have occurred.
10.3 Customer is solely responsible for the legality, accuracy and completeness of the Customer Content made available to and/or submitted to FashionUnited. Customer is solely responsible for the careful and confidential safekeeping of the information sent to Customer and for all activities carried out by Customer thought its Account.
10.4 Customer agrees to indemnify and hold harmless FashionUnited from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from (a) Customer’s violation of any term of this Agreement; (b) Customer’s use of, and access to, Website and/or Platform and/or Account; (c) Customer’s loss of, or disclosure of, information gained from using Website and/or Platform; (d) Customer’s violation of any applicable laws during the hiring process and the communication with the job applicants; (e) Customer’s violation of any third-party right, including without limitation any Intellectual Property Right or privacy right deriving from the General Data Protection Regulation (EU) 2016/679; and/or (f) any claim that the Customer Content violates any third-party right and/or caused damage to a third party. This defense and indemnification obligation will survive this Agreement.
12.1 Customer may not assign or delegate any of Customer’s rights or obligations under the Agreement without FashionUnited’s prior written consent. FashionUnited may freely assign or delegate its rights and obligations under the Agreement without notice to Customer. By entering into the Agreement, Customer agrees in advance with the aforementioned transfer by FashionUnited.
12.2 The Agreement may be modified solely in writing signed by both Parties.
12.3 FashionUnited reserves the right to terminate or change its service offer at any time, without prior warning or giving reasons for doing so. Such changes or termination shall not entitle Customer to any claims and/or compensation whatsoever.
12.4 Any questions or complaints about the Service should be send to [email protected] FashionUnited will respond as soon as possible.
13. Governing law and jurisdiction
13.1 The Terms, the Website and/or the Platform and all Agreements in connection with the use of the Website and/or the Platform are governed exclusively by Dutch law. The provisions of the Vienna Sales Convention are not applicable.
Amsterdam, The Netherlands
Latest update: January 2019