Capitalized terms in these Member TOS have the meaning given to them above and below:
1.1 “Magnet.me” means Magnet.me NL B.V.
1.2 “Member” means a natural person who is older than sixteen years and who creates an account on the Magnet.me platform for the purpose of exploring career opportunities, applying for vacancies, or engaging with Employer content.
1.3 “Platform” means the Magnet.me website, applications, and related Platform made available to Members.
1.4 “Employer” means an organisation using the Platform for recruitment, Employer branding or sourcing purposes.
1.5 “Content” means all information, data, text, messages, documents, images, video, profiles, or other materials uploaded or created by the Member or otherwise made available to Magnet.me by the Member.
1.6 “Account” means the Member’s account on the Platform.
1.7 “Member TOS” means these member terms of Platform.
2.1 These Member TOS govern the use of the Platform by Members.
3.1 Members may use the Platform for personal, non-commercial purposes related to career orientation, job discovery, and applications.
3.2 By creating an Account the Member is granted the right to use the Platform through a remote internet connection pursuant to these Member TOS. This right is non-exclusive, non-transferable, non-sublicensable, non-shareable, limited, conditional and revocable and may not be encumbered in any way. This clause has property law effect.
3.3 By registering an Account, the Member consents to Magnet.me facilitating the online transmission of job applications and related communications between Members and Employers. Magnet.me thereby acts as a neutral platform.
3.4 Magnet.me does not represent the Member or Employers in any way, does not act on the Member or Employer’s behalf and does not act as a hiring bureau. Magnet.me does not evaluate or screen Members and does not verify the information Members upload or create in the Platform. Magnet.me does not guarantee specific hiring outcomes, matches, response rates or recruitment results. All hiring decisions are made exclusively by the Employer. Magnet.me does not receive any compensation for specific hiring outcomes.
3.5 Magnet.me may modify the Platform from time to time, for example to update its features, to improve it, for security purposes, to comply with applicable laws and regulations. We will ensure that such changes do not materially reduce the core functionality of the Platform. During updates, the Platform may temporarily be unavailable.
3.6 Magnet.me uses its best endeavors to make the Platform available to the Members. We cannot guarantee that the Platform operates 24/7, that it is 100% secure, or that it is error-free. We also cannot guarantee that Content is always processed without error or that interfaces to software used by the Employer are always operational. In case Members experience issues with the use of the Platform, they can contact the support team using the contact method indicated on the Platform. Magnet.me endeavors to respond to questions without undue delay. Delays may occur where descriptions of the issue are not complete or accurate or when the Member does not respond to Magnet.me’s questions about an issue.
3.7 The Platform can be used using the most commonly used internet browsers. Magnet.me cannot guarantee that it can be used (without issues) in all internet browsers. Magnet.me reserves the right to set additional reasonable (technical) requirements for the use of the Platform.
3.8 The Member must arrange for the internet connection, communication means, devices and software used to access and use the Platform and is responsible for the security thereof.
4.1 To use the Platform, the Member must create an Account. The Member must be older than 16 years and legally competent to create an Account. The Member must create a unique and strong password and refresh it on a regular basis. As offered by Magnet.me, the Member should use more factor authentication means to access the Accounts, not doing so is entirely at the Member’s risk. The Account and access details are strictly personal and can therefore not be shared with other persons, including other Members. Accounts can only be used for professional purposes.
4.2 The access details for the Account must be kept secure and confidential. If an Account is compromised or likely to be compromised, the Member must take immediate action to prevent further unauthorized access including in any event changing the password. The Member is responsible for all actions performed through the Account.
4.3 Magnet.me may but is not obliged to send (automated) notifications about Account activities to the Member. It is the Member’s responsibility to follow up on such notifications where necessary.
5.1 The Member is solely responsible for all Content and warrants that such Content:
5.2 The Member shall ensure that all use of the Platform complies with:
5.3 More specifically, the Platform may not be:
5.4 The Platform may include features that allows Members to send messages to Employers or to contact them via profiles or sourcing tools. The Member:
6.1 Magnet.me does not pre-screen Content and acts as a neutral platform. Magnet.me can however apply automated moderation to Content that is placed on public sections of the Platform, for example to remove an image placed on the Platform with explicit sexual content. Magnet.me however reserves the right to audit compliance with these Member TOS and for this purpose access the Account and the Content (unless access to specific Content is not permitted under applicable laws). The Member agrees to provide its cooperation to such audit.
6.2 Magnet.me reserves the right to remove, restrict, amend, or disable access to Content, restrict or disable access to the Platform, suspend the Account in whole or in part or close it in case of violation of these Member TOS or where required by law, court order, legitimate third-party request or to protect the integrity, security, or lawful operation of the Platform. In doing so it will take into account all relevant circumstances. Magnet.me may in such cases also be compelled to share personal data of Members with relevant third parties.
6.3 Magnet.me may and, where required by law, will give the Member advance warning of the action it intends to take.
7.1 The Member is not allowed to ‘scrape’ data from the public part of the Platform, such as job opening texts and related pictures, except where permitted by mandatory law.
7.2 With respect to personal data processed through the Platform Magnet.me acts as a controller as indicated in the Privacy Policy or as a processor the Employer, for processing activities for which it has concluded a data processing agreement with the Employer.
7.3 Where Magnet.me is a processor the Employer is responsible for complying with all applicable data protection and consumer protection laws with respect to the processing of the Member’s personal data. This includes without limitation informing the Members about the processing of their personal data, e.g. in a privacy statement, responding to Member’s requests with respect to their personal data and ensuring persons whose personal data, including email addresses are shared with Magnet.me have consented to this if legally required. If the Member has questions about such processing of personal data by the Employer, they can contact the Employer directly.
8.1 The Account registration has an indefinite term. The Member may delete their Account at any time.
8.2 Magnet.me reserves the right to stop offering the Platform in whole or in part and will notify the Member thereof taking into account a reasonable notice period. Magnet.me also has the right to permanently close the Member’s account (and thereby terminate the agreement with the Member) on grounds indicated elsewhere in these Member TOS or when the Member passes away. The foregoing is without prejudice to Magnet.me’s legal right to terminate the agreement with the Member. Magnet.me does not incur any liability on account of termination of the Account.
8.3 If the Member decides to close the Account, it can notify Magnet.me thereof and:
8.4 After the Account is closed:
10.1 All intellectual property rights and related rights, including database rights in the Platform vest exclusively in Magnet.me or its licensors. Magnet.me reserves all rights not explicitly granted to the Member.
10.2 The Member is not entitled to copy, amend, publish or reverse-engineer any part of the Platform without the prior written consent of Magnet.me. If the Member downloads any content (such as documents) from the Platform with Magnet.me branding on it, the Member shall respect the intellectual property rights encased therein and for example not modify Magnet.me’s trademark.
10.3 The Member grants Magnet.me a non-exclusive, royalty-free licence to use the Content for the purpose of providing the Platform.
11.1 The provisions in this section apply to the extent permitted by applicable laws and/or to the extent they are reasonable.
11.2 Magnet.me nor any of its agents, officers, employees, Platform providers or subcontractors can be held liable for damage other than direct damage, being the damage directly foreseeable the moment the cause of the damage arose. Magnet.me’s liability is limited to an amount of EUR 200 (two hundred euros) per claim from the Member.
11.3 The above liability limitations do not apply in case the damage is caused by Magnet.me’s intentional or deliberate recklessness.
11.4 If Magnet.me is in breach of its obligations, it can only be liable if it has been granted a reasonable period of at minimum 10 (ten) working days to remedy the breach, after having been served a notice of default which describes the breach in as much detail as possible so that Magnet.me has the opportunity to respond adequately.
11.5 Any right to compensation of damages only arises if the damage is reported to Magnet.me in writing as soon as possible after the damage has occurred. The right to compensation of damage lapses by the expiry of a period of one (1) year following the moment the cause of the claim arose, if prior to the expiry of this term no legal proceedings have been instituted against Magnet.me to have the damage compensated.
12.1 These Member TOS and the Agreement are governed by the laws of the Netherlands, excluding its conflict laws. However, applicable mandatory laws that determines a different jurisdiction is applicable prevail.
12.2 The courts of Rotterdam, the Netherlands have jurisdiction over any disputes between the Member and Magnet.me arising out of or in connection with the Platform. However, if a different court is declared competent by mandatory applicable laws, the Member may bring the dispute before this court.
13.1 Magnet.me can amend these Member TOS from time to time to reflect changes in its organization, processes, business model or laws and regulations. Amendments also apply to existing Agreements. The Member will be informed of the amendment and if the Member does not agree with the amendment, they can terminate the agreement by deleting their Account.
13.2 If any provision of these Member TOS is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and be deemed replaced by a valid and enforceable provision which is as close to the original intent as possible.
13.3 Failure by Magnet.me to enforce any provision shall not constitute a waiver of its rights.