Terms and conditions of use

1. Terms and conditions of use

1. These Terms and Conditions of use (hereinafter referred to as the 'T&C') describe the terms and conditions on which Mr. Philippe Kempinaire (domiciled at Neerweg 5, 2800 Mechelen, Belgium, and registered in the Commercial Register Antwerp under n° 344.668) (hereinafter referred to as 'Jobs4Tourism') offers you (the 'Candidate') access to his Web site on the Internet (the 'Site') and its services related to this Site.

2. These T&C govern the use of the Site and are incorporated by reference and made part of each Candidates' registration form. On such Candidate-form the Candidate is required to enter its password and click the 'I have read and I agree with the privacy policy, terms and conditions' button. The Candidate understands and acknowledges that by clicking the 'I have read and I agree with the privacy policy, terms and conditions' button, he/she has expressly agreed to be bound by the T&C. Candidates agree that by using the Site they reaffirm the acceptance of the T&C.

3. Jobs4Tourism may amend, modify or supplement these T&C at any time by posting the amended, modified or supplemented terms on the Site. Jobs4Tourism will inform the Candidates by posting a message in which the amendments, modifications and supplements to the T&C in full and/or with a reference to a specific clause are detailed. This message will be posted for at least a thirty (30) day period following any such amendment, modification or supplement. The amended, modified or supplemented terms of use shall automatically be effective one (1) day after they are initially posted on the Site. Amendments, modifications and supplements shall bind all Candidates who do not withdraw as Candidates during a ten (10) day period upon the posting of such amendment, modification or supplement.

4. Candidates agree that it is not possible to partially agree to the terms and conditions stipulated in the T&C. Any acceptance as specified above implies the acceptance of all terms and conditions.

5. The Site is not to be used by minors (people less than 18 years old).

6. Jobs4Tourism has the discretionary right to refuse a Candidate if they do not meet the necessary criteria, as determined by Jobs4Tourism in its sole discretion.

7. This Site is built on mutual trust and these T&C help to promote that trust among all users of the Site [Candidates and possible employers/recruiters seeking a candidate (hereinafter referred to as 'Employer/Recruiter')].

8. The Candidate should print a copy of these T&C for its records.

9. Candidates agree that they will comply with and are bound by all of Jobs4Tourism's policies, which are incorporated expressly or by reference herein. Jobs4Tourism may, in its sole discretion, at anytime, change any of its policies, the look, feel or functionality of the Site or some or all of the services provided on or through the Site.

2. Relationship between Jobs4Tourism and the Candidate

1. With respect to transactions between Candidates and Employer/Recruiter, the Site acts solely as a venue for Candidates to post their personal data in order to seek a vacancy. Jobs4Tourism is not involved in any actual transaction/negotiation by or between Candidates and Employers/Recruiters.

2. As Jobs4Tourism is not involved in Candidate-to-Employer/Recruiter dealings, in the event any Candidate has a dispute with one or more Employers, such Candidate releases Jobs4Tourism (and its affiliate, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3. Parties agree that Jobs4Tourism is not and will not be considered an (temporary) employment agency and the Candidate will not be considered a temporary employee in its relation to Jobs4Tourism.

3. Privacy and Protection of Received Information

1. Jobs4Tourism commits itself to use all reasonable efforts to keep the information submitted by the Candidate confidential and secure, and use such information within the purposes of this Site and/or as detailed in these T&C. 

2. The Candidate understands and acknowledges that the purpose of this Site is based on career advancement and the recruitment process. 

3. The Candidate understands and acknowledges that the information he/she is required to provide in the registration form is twofold. On the hand Candidate is required to identify him/her-self by providing 'Personally Identifiable Information' including family name, first name, address, telephone number, fax number, e-mail address and the his/her current employer reference. On the other hand the Candidate is required to input 'Non-Personally Identifiable Information' including birth date, zip code, city, location, language knowledge, education and work experience. 

4. Jobs4Tourism will not reveal the Candidates' 'Personally Identifiable Information' to third parties, without the prior and written permission of the Candidate, except if it is necessary to:

   • Comply with legal processes or requirements
   • Enforce the T&C
   • Protect the interest of the Candidates
   • Defend and protect the rights of property of Jobs4Tourism
   • Perform the service towards the Candidate and the Employer/Recruiter as described in these T&C (more specifically, but not limitative, in Article 3.2. of these T&C)
      

5. The Candidate agrees and acknowledges that the 'Non-Personally Identifiable Information' may be gathered and shared anonymously with the affiliates, partners and agents of Jobs4Tourism to help Jobs4Tourism understand how Candidates use the Site and to improve its design and functionality. 

6. Each Candidate is solely responsible for inputting the requested information, and the Site acts as a passive conduit. However, Jobs4Tourism reserves the right to take any action with respect to such information it deems necessary or appropriate if, in Jobs4Tourism's sole discretion, Jobs4Tourism believes it may cause the Site to lose (in whole or in part) the services of its Internet Service Providers or other suppliers. 

7. When the Candidate registers to and uses Jobs4Tourism, some data about its activities will be registered automatically as detailed above. In accordance with the Belgian law of 8 December 1992 concerning the protection of the personal privacy, the authorities have been informed of this use. The controlling commission attributed the following registration number to this type of activity: 002235552. The Candidate should be aware that he/she can make use of the rights stipulated in the Belgian Law of 8 December 1992 as amended by Belgian Law of December 11, 1998, and any other further amendment hereof.

4. Accessibility, Operation and Interference of the Site by Candidates

1. Access to the registration form is only possible by using the Candidates' personal log in name and password. The Candidate is entirely responsible for keeping the confidentiality of his/her log in name and password. All activities occurring under the Candidates' registration are his/her responsibility and should always be under its supervision. Jobs4Tourism is not liable in the event a third party accesses the Candidates' registration file by using his/her log in name and password. Employers/Recruiters or other parties do not have access to the Candidates' data base but Jobs4Tourism cannot guarantee that none will, without its consent, gain access to this database. 

2. Jobs4Tourism gives the Candidate the option to apply directly online to offers published by Employers/Recruiters. By doing so, the Candidate agrees to release its personal data to the related Employer/Recruiter. Jobs4Tourism is not responsible for the retention and further use of the Candidates' personal data by any such parties, nor for their privacy practices. 

3. The Candidate should be aware that the Employer/Recruiter has the right to alter some parts of the content of the conditions of a posted offer after it was posted. 

4. Jobs4Tourism may send the Candidate messages or information letters to announce new features, technical updates, functionality modification or other important information. Jobs4Tourism may also contact the Candidate from time to time to conduct surveys related to the Site in order to improve its design and functionality. Although Jobs4Tourism will not send the Candidate unsolicited information, by e-mail or other means, except as mentioned here above, there is no currently available technology that will completely prevent the sending and receiving of unsolicited e-mail. Jobs4Tourism recommends that the Candidate is cautious about sharing its e-mail address while on line. 

5. The Candidate shall not attempt to gain unauthorized access to the functionality and operational systems, to the data bases held by Jobs4Tourism through any means such as (but not limited to) hacking and/or log in/password forgery. 

6. Jobs4Tourism reserves the right to refuse the access to and the use of its services to persons, entities, … that it finds, to its sole discretion, not appropriate to use and/of access the Site and/or the services. Further, Jobs4Tourism reserves the right to terminate, suspend, or limit Candidates' access to the Site, to its sole discretion, at any time and without any liability. 

7. Candidates may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Candidates may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. 

8. The Candidate may terminate or alter its registration at any time.

5. Intellectual Property and Proprietary Rights

1. The content, organization, gathering, software, graphics, sound, design, and other matters related to the Site are protected under applicable patent, copyright, trademark, and other proprietary (including, without limitation, intellectual property) rights, and, other than as specifically allowed under these T&C or as specifically set forth on the Site, the copying, redistribution, use or publication by a Candidate of any such protected content or any part of the Site is prohibited. Candidates do not acquire any ownership rights to any such content obtained by, on or through the Site. 

2. Jobs4Tourism does not claim property of the materials the Candidate provides, posts, uploads, submits or inputs. These materials can be, but are not limited to, feedback, ideas, suggestions and comments. However, by providing, posting, uploading, submitting or inputting these materials the Candidate is granting Jobs4Tourism, its affiliates and partners permission to use these materials including, without limitation, the rights to: publicly display, copy, reproduce, distribute, transmit, edit, translate and reformat the submissions, and to publish its name in connection with the material the Candidates has submitted. Jobs4Tourism will not give or pay any sort of compensation with respect to the use of the materials the Candidate has submitted. Jobs4Tourism is not obliged to use or publish any material the Candidate may submit and Jobs4Tourism may remove any material submitted at any time at its sole discretion. By providing, posting, uploading, submitting or inputting any material the Candidate warrants and represents that he/she owns or otherwise controls all rights to the material as described here above including, without limitation, all the necessary rights for the Candidate to provide, post, upload, submit or input the material. 

3. Jobs4Tourism is a trademark of Jobs4Tourism. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on the Site are the property of their respective owners.

6. Advertising, Links and Third-Party content

1. Jobs4Tourism may, in its sole discretion, place advertisements or promotions on the Site. Jobs4Tourism shall receive all fees and consideration paid for the placement of any advertisements and promotions placed on the Site, but shall have no responsibility for any loss, damage or liability resulting to any Candidate as a result of any Candidate's use of any such advertisements or promotions. Jobs4Tourism makes no warranty as to the validity or accuracy of any advertisements and promotions on the Site and does not, by virtue of displaying said advertisements and promotions on the Site, endorse, promote or condone such advertisements and promotions; or the entities placing or running such advertisements. 

2. Jobs4Tourism is not responsible for the privacy policy of sites linked to the Site.

7. Liability Jobs4Tourism

1. Jobs4Tourism has no legal duty to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date the Candidate accesses this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the information available on this Site. 

2. Jobs4Tourism does not warrant the accuracy, completeness or usefulness of any information contained on this Site. 

3. Jobs4Tourism does not warrant that the functions contained in the materials/information available on this Site will be uninterrupted or error-free, that defects will be corrected, or that the materials, this Site or the server that makes them available are free of errors, bugs, worms, viruses or other harmful components and limitations. The Candidate, and not Jobs4Tourism, assumes the entire cost of all necessary servicing, repair, replacement and correction. 

4. Under no circumstances, including, but not limited to, negligence, shall Jobs4Tourism be liable for any special or consequential damages (however arising, including damages for loss of business, loss of profits, litigation or the like) whether based on breach of contract, tort (including negligence), or otherwise and that result from the use of, or the inability to use, the Site or any downloaded materials, and represented Information, even if Jobs4Tourism or its representatives has been advised of the possibility of such damages. 

5. The limitations of damages set forth above are the fundamental elements of the use of the Site and the T&C. The information and possible services provided on or through the Site would not be provided without such limitations. 

6. If the applicable law does not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusion may not apply to that specific Candidate.

8. Miscellaneous

1. All disputes arising in connection with these T&C shall be finally settled by the Courts of Antwerp and applying Belgium Law. 

2. Should any of more of the provisions contained in these T&C be held invalid, illegal, or unenforceable in any respect, or for any other reason, such invalidity, illegality of unenforceability shall not affect any other provision of these T&C, but these T&C shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Moreover, should any one or more of the provisions contained in these T&C be held for any reason to be excessively broad as to time, duration, geographical scope, activity, or subject, it shall be construed, by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it should then appear. 

3. Any failure by either party to strictly hold the other party to a provision of these T&C at any point in time does not constitute a waiver of that party's rights under the T&C for any subsequent points in time. 

4. Headings used herein are for the convenience of the parties only, are not substantive and shall not be used to interpret or construe any of the provisions contained herein.

5.     Based on Art.2§2 of the "Arrêté d'exécution " dated 13.03.03

         regarding the obligation of a preliminary agreement related to 
         employment agencies, Jobs4Tourism is exempted of such
         preliminary agreement.  For any futher inquiry, please visit the
         website http://emploi.wallonie.be . Click on "Placement".
         Or visit www.vlaanderen.be/werk for the Flemish version.