1. Description of the Platform
Crossbridge is an independent pioneer in coaching, recruitment and HR consulting. Crossbridge has developed the myCareerCompanion platform, which is an online platform aimed at graduates & professionals who are seeking guidance towards the job market (the “Platform”).
The Platform offers Users a total package of career guidance, which consists of the following modules:
- myCareerCompass: this module allows Users to learn more about themselves and their hard skills, soft skills, interests, values and talents that are relevant and valuable in their job search.
- myCourses: this learning market place allows Users to buy the courses that they need to prepare for the next steps in their career.
2.2 In the event the Licensed Technology uses services of third parties, the terms of service and/or privacy policies of those third parties may apply. We urge you to review these documents before using or accessing such third-party services.
2.3 We reserve the right at any time, and from time to time, with or without cause to:
- change the Licensed Technology, including eliminating or discontinuing, temporarily or permanently any service or other feature of the Licensed Technology without any liability against the User or any third parties; or
- deny or terminate, in part, temporarily or permanently, your use of and/or access to the Licensed Technology as set forth herein.
3. In-App Purchases – no right of withdrawal
As a User, you have the possibility to purchase certain features on the Platform that may enhance your experience of the Licensed Technology (“In-App Purchases”). You can manage your In-App Purchases on the following page: https://app.mycareercompanion.com/talent/orders/all/page/1. By clicking the “I agree” button and completing the procedure for purchasing any In-App Purchases, you acknowledge and agree that you give us your permission to arrange delivery of the relevant In-App Purchase during the cancellation period. As a result, you will lose your right to cancel your purchase of the In-App Purchases during the cancellation period.
If you decide to terminate your Account, you will no longer be able to use any In-App Purchases associated with your Account as of the deletion of your Account.
4. Use of the Licensed Technology
4.1 To use the Licensed Technology, your computer or mobile device requires a WIFI or mobile Internet connection. The access to such WIFI or mobile Internet connection is your sole responsibility. Please make sure that your computer or mobile device meets the following minimum system requirement:
- Modern web browser (Mozilla Firefox, Google Chrome, Safari, Opera, Microsoft Edge, Internet Explorer or other globally recognized providers)
If your computer or mobile device does not meet these minimum system requirements, we cannot ensure that the Licensed Technology will function properly. Crossbridge will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.2 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Crossbridge of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Crossbridge will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.3 During the Term, Crossbridge may, in its sole discretion, provide you with certain updates of the Licensed Technology. For the avoidance of doubt, Crossbridge is not obligated to provide any updates of the Licensed Technology.
5. License – restrictions
6.1 As between the User and Crossbridge, the Licensed Technology and all Intellectual Property Rights pertaining thereto, are the exclusive property of Crossbridge and/or its licensors.
6.2 All rights, titles and interests in and to the Licensed Technology or any part thereof not expressly granted to the User in this Agreement are reserved by Crossbridge and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Licensed Technology, including any right to obtain possession of any source code, data or other technical material related to the Licensed Technology.
6.3 When you submit any ideas, suggestions, documents and/or proposals relating to the Licensed Technology (or other products or services) to Crossbridge through the helpdesk, email or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Crossbridge is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Crossbridge shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Crossbridge may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Crossbridge without any obligation of Crossbridge to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Crossbridge under any circumstances.
7. Suspension for breach
In case you need technical support, you can contact our helpdesk via the chatbot functionality.
9. Payment terms
You agree to pay the applicable Users Fee in consideration for your use of such In-App Purchases during the Term. However, it may be possible that Crossbridge has provided you with login details that allow you to use the Licensed Technology free of charge.
To execute the payment of the Users Fee, we use the payment services of Stripe Payments Europe. By using the Licensed Technology and the relevant In-App Purchases, and the Stripe payment service, you accept that the Stripe Terms and Conditions are applicable between you and Stripe Payments Europe.
10.1 To the maximum extent permitted under applicable law, Crossbridge shall only be liable for direct damages resulting from (i) its gross negligence; (ii) its willful misconduct; (iii) any fraud committed by Crossbridge or (iv) death or personal injury.
11. Warranties and disclaimers
11.1 By Crossbridge. Except as expressly provided in this section 11 and to the maximum extent permitted by applicable law, the Licensed Technology is provided “AS IS,” and Crossbridge makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Licensed Technology or any other products or services provided to the User by Crossbridge. Crossbridge does not warrant that all errors can be corrected, or that access to or operation of the Licensed Technology shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the Internet and that Crossbridge is not responsible and cannot be held liable for any losses of your data, including any User Content.
11.2 By User. You represent and warrant to Crossbridge that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Crossbridge’s system or data; or (v) otherwise violate the rights of a third party. The User acknowledges and agrees that Crossbridge is not obligated to back up any User Content. You agree that any use of the Licensed Technology contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Licensed Technology for which Crossbridge cannot be held liable.
12.1 By Crossbridge. Crossbridge shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Licensed Technology.
Such indemnity obligation shall be conditional upon the following: (i) Crossbridge is given prompt written notice of any such claim; (ii) Crossbridge is granted sole control of the defense and settlement of such a claim; (iii) upon Crossbridge’s request, the User fully cooperates with Crossbridge in the defense and settlement of such a claim, at Crossbridge’s expense; and (iv) the User makes no admission as to Crossbridge’s liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without Crossbridge’s prior written consent. Provided these conditions are met, Crossbridge shall indemnify the User for all damages and costs incurred by the User as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by Crossbridge pursuant to a settlement agreement.
The foregoing states the entire liability and obligation of Crossbridge and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Licensed Technology or any part thereof.
14. Term and termination
14.3 Termination for convenience. As a User, you may terminate your use of the Licensed Technology at any time by removing your Account.
15.5 Notices. All notices from Crossbridge intended for receipt by you shall be deemed delivered and effective when sent to the e-mail address provided by you on your Account. If you change this e-mail address, you must update your e-mail address on your personal settings page.
- “Account” means the account that a User can use to log in to the Platform;
- “Agreement” means the agreement entered into between the Employer and Crossbridge for the provision of certain Employer Services by Crossbridge;
- “Crossbridge Content” means any and all Crossbridge-supplied materials, texts, audio, video, graphics and other information and data made available by Crossbridge to the User, by means of the Platform or during the provision of any Services;
- “Coaching Services” means any coaching and training services provided by Crossbridge to a User via the Platform;
- “Intellectual Property Rights” shall mean any and all now known or hereafter coming into existence (i) patents, patent applications, patent disclosures and inventions (whether patentable or not and whether or not reduced to practice), trade marks, trade names (whether registered or unregistered), service marks, trade secrets, industrial designs, logos, rights associated with Deliverables of authorship, including copyrights (whether registered or unregistered (including copyrights in software), copyrightable works and registrations and applications thereof, design rights, know-how, computer software programs (including but not limited to source code and object code), data, databases and documentation thereof, business names, Internet domain names, database rights, rental and lending rights, rights to know-how, trade secrets and other confidential information or other non-public information or non-public processes (including information, inventions, improvements, research and development information, drawings, specifications, blueprints, flowcharts, schematics, protocols, programmer notes, designs, design rights, developments, discoveries, plans, business plans, proposals, (practical) pointers, specifications, technology, technical data and information, concepts, and information, methods, processes, procedures) and any other intellectual or industrial property or similar right throughout the world (whether registered or unregistered) and (ii) registrations, any applications for registration, renewals, extensions, continuations, divisions, reissues or improvements relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
- “Licensed Technology” shall mean the Platform, any and all Crossbridge Content and the Coaching Services;
- “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- “Term” means the period during which the User uses the Licensed Technology;
- “User Content” means any content, information, data or materials (whether protected by Intellectual Property Rights or not) provided or submitted by the User to Crossbridge in the course of utilizing the Platform; and
- “Users” means a final year student or young graduate or any other person who is looking for a job and is willing to be guided and coached by Crossbridge towards the right career path, tailored to its personalities, skills and ambitions using the Licensed Technology.
- “Users Fee” means the fee payable by the Users in consideration for its use of any In-App Purchases in connection with the Licensed Technology.