Conditions Générales d'utilisation

1. These terms and acceptable conditions of use and acceptable use policy (Terms) govern how you may access and use this website (https://wiggli.io) and the Wiggli cloud-based products and platform and all associated web pages (Platform). These Terms apply between Wiggli, a trading name of Hireme SA company registration number 0678.483.029 with VAT registration number BE0678.483.029 and whose registered office is at 2 Boulevard de la Woluwe, 1150 Brussels, in Belgium, and our group, associated or affiliated companies from time to time (we, us or our) and you, the person accessing or using the Platform (you or your).

2. You should read these Terms carefully before using the Platform. By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should stop using the Platform immediately.

3. The Platform is provided by us to you free of charge for information purposes only unless you are a customer bound by a separate subscription agreement with us which provides you with access to subscriber areas of our Platform, in which case, these Terms are in addition to (but do not replace) our separate subscription agreement with you. For the avoidance of doubt, therefore, if you buy a subscription or membership to access restricted or fee-paying parts of the Platform, separate terms and conditions will apply (Subscription Agreement).

   If you would like these Terms in another format (for example, large print), please contact us using the contact details set out directly below.

1. We are Wiggli, a trading name of Hireme SA, a company registered in Belgium under company registration number BE0678.483.029. Our registered office is at 2 Boulevard de la Woluwe, 1150 Brussels, Belgium.

2. If you have any questions about the Platform, please contact us by sending an email to support@wiggli.io

1. Use of the Platform is subject to these terms, and where relevant, your Subscription Agreement.

2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.

3. We make no promise that the Platform is appropriate or available for use in locations outside of Belgium. If you choose to access the Platform from locations outside Belgium, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

4. We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the top of this page.

5. As a condition of your use of the Platform, you agree not to use the Platform:

6. for any purpose that is unlawful under any applicable law or prohibited by these Terms, including: • to commit any act of fraud; • for purposes of promoting unsolicited advertising or sending spam; • to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); • in any manner that disrupts the operation of our Platform or business or the website or business of any other entity; • in any manner that harms minors; • to promote any unlawful activity; • to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; • to gain unauthorised access to or use of computers, data, systems, accounts or networks; or • to attempt to circumvent password or user authentication methods.

7. You also agree never to attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack) or to generally or otherwise distribute viruses or malware or other similar harmful software code.

8. You further agree not to attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.

9. We may prevent or suspend your access to the Platform if you do not comply with these Terms or your Subscription Agreement (where relevant) or any applicable law. APPLICABLE TO CONSULTANCIES, RECRUITMENT AGENCIES AND CLIENTS:

10. In the event that you are a corporate subscriber to our products (including our CV Library and the Marketplace), the provisions set out at clauses 3.7 to 3.11 of these Terms also apply to you along with the terms of your Subscription Agreement with us and any applicable Purchase Order.

11. All contacts with any party (company or individual) with whom you are introduced or of whom you become aware through your use on the Platform (Wiggli Contact) must be solely conducted via the Platform. You are prohibited from contacting any Wiggli Contact outside of the Platform for the purposes of respecting applicable privacy laws and data security obligations.

12. You must not conclude any agreement or arrangement with any Wiggli Contact without respecting the terms of your Subscription Agreement or these Terms. This means that you must pay us a success fee for each agreement or arrangement made with any Wiggli Contact. Or, where you have signed up to a monthly subscription in your Subscription Agreement, you must only conclude an agreement or arrangement with any Wiggli Contact in accordance with any limitations or conditions in your Subscription Agreement and/or any related Purchase Order. Without prejudice to the terms of the Subscription Agreement or any special conditions agreed with you (such as, if you are the beneficiary of a monthly subscription), if, within twelve (12) months after being introduced to such Wiggli Contact via the Platform, you conclude any such agreement, arrangement or engagement with that Wiggli Contact without using the services of Wiggli, or off-Platform, or without paying a success fee, you shall be liable to pay a transfer fee to us on presentation of invoice to this effect in the sum of 30% of the annual value of the agreement, arrangement or engagement you have concluded with such Wiggli Contact(s) (or, in the event of a candidate being hired or engaged, of their gross annual remuneration, whatever is higher). If you are a monthly subscriber under your Subscription Agreement, the aforementioned success fee shall apply if you failed to pay your Subscription Fees by the due date(s) and/or if such engagement, arrangement or agreement with a Wiggli Contact(s) was in breach of any applicable conditions or limitations in any applicable Subscription Agreement or Purchase Order(s). You agree that this success fee is fair and reasonable to compensate us for the prejudice we are likely to suffer for business being conducted off of the Platform in contravention of these Terms or your Subscription Agreement or any related Purchase Order (where applicable).

13. The provisions of clause 3.9 shall apply in the event that any agreement, arrangement or engagement is concluded with any Wiggli Contact and a third party where you have introduced such Wiggli Contact to a third party (including any affiliate or group company - unless this is otherwise authorised in your Subscription Agreement or Purchase Order (such as in cases where you have signed up to unlimited recruitments under your Subscription Agreement), and provided that the terms of your Subscription Agreement (including any payment obligations) and any conditions or limitations in any applicable Purchase Order(s) are complied with).

14. All business that you conduct via the Platform is strictly confidential (including rates, success fees or any other commissions) and must not be shared with any third party.

1. Use of the Platform may require registration, particularly in order to access restricted areas of the Platform. Where you have a Subscription Agreement, we will activate any authorised user accounts.

2. We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time, without prejudice to your Subscription Agreement (where relevant).

3. You are responsible for making sure that your password and any other account details are kept secure and confidential.

4. If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account (without prejudice to your Subscription Agreement (where relevant).

1. We may make bulletin boards, CV Libraries, Marketplaces, Forums or other communication services for the facilitation of HR, recruitment, staffing and employment opportunities and (Interactive Services) available on the Platform.

2. We are not obliged to monitor or moderate any content, user-generated content, text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
4. 
Any Submission you make must comply with our Submission standards set out in clause 6 below.

5. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Platform, and on any other websites operated by us, indefinitely.

1. Any Submission you make to our Interactive Services and any other communication to users of our Platform by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.

   In particular, any Submission or communication by you must be:


2.1 Your own original work and lawfully submitted.


2.2 Factually accurate or your own genuinely held belief.


2.3 Provided with the necessary consent of any third party.


2.4 Not defamatory or likely to give rise to an allegation of defamation.


2.5 Not offensive, obscene, sexually explicit, discriminatory or deceptive.


2.6 & Unlikely to cause offence, embarrassment or annoyance to others.


2.7 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.



2.8 Other than any personal information which will be dealt with in accordance with our Privacy Policy (Privacy policy), we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

1. We will use reasonable efforts to:

   Delete accounts which are being used in an inappropriate manner or in breach of these Terms, without prejudice to your Subscription Agreement (where relevant); and

2. Identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms, when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

3. If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details on this page.

1. You may create a link to our Platform from another website without our prior written consent provided no such link:

   1.1 Creates a frame or any other browser or border environment around the content of our Platform;
   1.2 Implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Platform;
   1.3 Displays any of the trade marks or logos used on our Platform without our permission or that of the owner of such trade marks or logos; or
   1.4 Is placed on a website that itself breaches this Policy.

2. We reserve the right to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at Privacy policy and our Cookies Policy available at Privacy policy which explain what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information, as well as about our use of cookies and other similar technologies on our Platform.

1. The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (Content) are owned by us and our licensors. Customer Data as defined in your Subscription Agreement (where relevant) is governed by the terms of that Subscription Agreement.

2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

3. Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.

4. Trade marks: Wiggli and Wigglers and our logos are our trade name and unregistered trademark and trade marks we have applied for. Other trade marks and trade names may also be used on the Platform or in the Content. Use by you of any trade marks, logos or trade names on the Platform or in the Content is strictly prohibited unless you have our prior written permission.

1. Software may be made available for cloud-based use or for you to download in order for the Platform to work better. You may also download our mobile applications (App) which may be available from time to time. Such Apps will be available from application stores such as Google Play or the AppStore (Application Stores). You will be granted a limited, non-exclusive licence to use any such software or App, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’) and any Application Store terms and conditions.

2. You will be made aware of any terms and conditions that apply to the software or App when you try to download it/them. If you do not accept such terms and conditions, you will not be able to download the software or use the App.

3. You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under applicable consumer legislation where you are a candidate), your legal responsibilities when using the software or App and any limitations on any responsibilities to you.

4. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.

1. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

2. We may suspend or terminate access or operation of the Platform at any time as we see fit without prejudice to your Subscription Agreement (where relevant).

3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its Content.

4. While we try to make sure that the Platform is available for your use, we do not promise (i.e., there is no obligation of result) that the Platform will be available at all times or that your use of the Platform will be uninterrupted.

The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or websites does not mean that we endorse that third party’s websites, products or services. Your use of a third party websites may be governed by the terms and conditions of that third-party websites and is at your own risk.

1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:



   1.1 losses that were not foreseeable to you and us when these Terms were formed.


   1.2 losses that were not caused by any breach on our part.


   1.3 business losses; and
   

1.4 losses to non-consumers. Our liability is otherwise expressly limited to the maximum amount permitted by law.


2. The foregoing limitation on our liability set out at clause 14.1 is without prejudice to any cap on liability set out in your Subscription Agreement (where relevant).

1. We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, pandemics or epidemics, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident, including any consequences of the foregoing.

1. No one other than a party to these Terms has any right to enforce any of these Terms.

1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17.

2. We reserve the right to vary these Terms from time to time. Our updated Terms will be presented to the User on the Platform before they are granted access. The User will have to expressly agree with the new Terms in order to regain access to the Platform (without prejudice to your Subscription Agreement (where applicable)).

1. We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms we may terminate or suspend your use of the Platform, remove or edit Submissions, disclose Submissions or any other communication to users of our Platform by you to law enforcement authorities or take any action we consider necessary to remedy the breach.

1. If a court or any other competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

2. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out on this page.

2. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR) where this is available to you as a consumer (such as a candidate). If you are a consumer (candidate), you can also submit your dispute to the EU online dispute resolution (ODR) platform by going to https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.

3. If you are a consumer (such as a candidate) and are not happy with the outcome of ADR, you can still bring court proceedings in the court that is situated in the country where you usually reside.

4. Relevant Belgian law will apply to these Terms without prejudice to any conflict of laws provisions.

5. If you are a business user and want to take court proceedings, the relevant courts of Brussels, Belgium will have exclusive jurisdiction in relation to these Terms. The parties agree however that they will try to settle the dispute in good faith before resorting to formal legal proceedings.

6. The provisions of this clause 20 does not apply to disputes arising out of or in connection your Subscription Agreement (where relevant), which shall be governed solely by the terms of that Subscription Agreement.