Terms of Use

Last updated - 10 Dec 2020

General Terms

These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.staffcluster.com (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.

Acceptance of Terms

StaffCluster permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these T&Cs. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. If you are entering into these T&Cs on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the site or content.

T&Cs Updates

StaffCluster reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. StaffCluster will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.

General Conditions/Access and Use

Authorisation to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of StaffCluster and StaffCluster’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by StaffCluster.

Ownership and Restrictions

All rights, title and interest in and to the Site and Content will remain with and belong exclusively to StaffCluster. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of StaffCluster that are not readily made available to the general public).

You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by StaffCluster to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by StaffCluster. StaffCluster reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to StaffCluster on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Site and Content

You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site.

Reservation of Rights

StaffCluster and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. StaffCluster grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.

Use of Intellectual Property

By posting your information and other content (“User Content”) on or through the Site and Content, you grant StaffCluster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. StaffCluster has the right, but not the obligation, to monitor the Site and Content and User Content. StaffCluster may remove or disable any User Content at any time for any reason, or for no reason at all.

Unsecured Transmission of User Content

You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to StaffCluster’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. StaffCluster will have no liability to you for any unauthorised access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.

Feedback

You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or StaffCluster’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and StaffCluster may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether StaffCluster considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.

Your Representations and Warranties

You represent and warrant to StaffCluster that your activity on the Site and StaffCluster’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

Termination of Access Due to Violations

StaffCluster may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to StaffCluster, for which monetary damages would be inadequate, and you consent to StaffCluster obtaining any injunctive or equitable relief that StaffCluster deems necessary or appropriate in such circumstances, without limiting StaffCluster’s other available remedies. Further, StaffCluster may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

No Warranties and Disclaimer by StaffCluster

We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

StaffCluster reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity against liability

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.

Choice of law

Netherlands law and conditions (such as time and date) govern the terms. Only the Netherlands courts may decide any dispute about the terms. It is illegal to access the Website from territories or countries where the content or purchase of the products sold on the Website is prohibited. You may not use this Website in violation of the Netherlands export laws and regulations. If you access this website from locations outside of the Netherlands, you are responsible for compliance with all local laws.

Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

This website is run by StaffCluster with head office based in the Netherlands. If you have any questions, queries or wish to request permission to use any part of this website, please contact us