TERMS OF USE

I. Scope and Subject Matter of these General Terms and Conditions

1. All of the following provisions refer to the Spark Platform, including software, (“Spark Software”) and the associated services (hereinafter also referred to as the “Spark”), which are offered by Ekspats BV, (“Ekspats”) on ekspats.com to jobseekers (“Candidates”). Candidates are hereinafter referred to as “Users”.

2. These provisions define the conditions under which Users may use the Spark platform. These General Terms and Conditions (“GTC”) apply exclusively for all Users of the Spark platform.

3. Any licensing conditions or the general terms and conditions from the User are not a part of the contract even if Ekspats does not explicitly object to them or if Ekspats, without reservation, provides the contractual services to the User without knowledge of any contradictory or deviating terms of the User.

4. Persons who have not reached 18 years of age are not allowed to register with Ekspats or use the Spark platform. Ekspats may verify the identity of Users by requesting suitable evidence.

II. Spark Platform/Availability

1. Ekspats offers an Internet-based career service that provides Users with functionalities and/or software for searching and communicating via the Spark platform. Ekspats allows Candidates to search for third-party job advertisements on the Spark platform and offers software-based tools to publish content (e.g. resumes). Ekspats services lie in facilitating access to the Spark platform and communication on the platform in accordance with the specifications arising from these General Terms and Conditions, but not in placing jobs or in effecting a successful application.

2. Candidates have the option to register for a membership at cost (cf. Candidate Agreement).

3. Upon successful and complete registration, which results in the permissible use of the Spark platform, a User obtains a personal, non-transferable and non-exclusive right to use the Spark platform via Ekspats’ Internet portal for the User’s own purposes in accordance with these General Terms and Conditions. Any deviating use of the Spark platform requires the explicit, separate, prior, and written consent of Ekspats. This applies in particular to the reproduction, as well as the paid or unpaid transfer or provision, of the Spark platform or Spark Software to third parties, or parts thereof, even if this takes place on computers that are in the possession of the User.

4. Ekspats shall endeavor to make the Spark platform available without any significant interruptions. It is explicitly indicated, however, that unlimited availability is not guaranteed by Ekspats due to, for example, maintenance work. In particular, Ekspats is not responsible for downtime due to technical or other problems outside of Ekspats’ control (e.g. force majeure, third-party culpability, etc.). Depending on the state of technology, errors in programs cannot be ruled out even when great care has been taken.

5. Ekspats assumes no guarantee or responsibility for the accuracy of the communication between Users via the Spark platform. The recipient therefore bears responsibility for verifying the accuracy and completeness of the data obtained.

6. Ekspats cannot promise or guarantee successful job placement to any User.

III. User Obligations

1. The User bears sole responsibility for the content of a profile, a job advertisement or communication. All of the User’s information must be truthful. Statements made by or actions of Users are not attributable to Ekspats, unless Ekspats actively associates itself with them in a specific case. The User is not permitted to upload sexual, pornographic, immoral, politically radical or otherwise illegal content. In particular, the User bears sole legal responsibility for the content the User submits. All documents, information and data submitted must be lawful (e.g. compliant with child protection laws, General Data Protection Regulation, and other EU instruments) and free from the rights of third parties (copyrights, ancillary copyrights, trademarks, personality rights, or other rights). Setting up or managing profiles for third parties is prohibited.

2. Each User is obliged to confidentially handle any emails and other messages or data from other Users that the User receives in connection with the use of the Spark platform, and not to make this accessible to third parties without the consent of the author/creator.

3. The User shall retain an up-to-date backup copy of all its offers and information placed on the Spark platform (e.g. information sent to third parties via the Spark platform), which can help enable as complete as possible a reconstruction of the database with as little effort as possible in the event of a system outage.

4. Any use of the Spark platform for a reason other than the intended purpose is not permitted. In particular, collecting or saving data from the database, as well as using data in full, in part or extracts thereof online, for the commercial exploitation of addresses or as a basis or aid for compiling or adding to participant, address or other directories, or reading the databases online for the aforementioned purposes or for other commercial purposes is prohibited.

5. The User is not permitted to use mechanisms, software or scripts in connection with the use of the Spark platform, as well as blocking, overwriting, modification, copying, especially copying through the use of robot/crawler search engine technologies. The User may, however, use the interfaces or software that is provided to the User as part of the Spark platform.

6. The User shall refrain from any action that is likely to negatively impact the functionality of the Ekspats infrastructure, especially by overloading such infrastructure.

IV. Limitations of Liability

1. No Liability for Damages: To the maximum extent permitted by applicable law, Ekspats, including its affiliates, directors, officers, employees, agents, and partners, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

- Your access to or use of or inability to access or use the Spark platform and website;

- Any conduct or content of any third party on the Spark platform and website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

- Any content obtained from the Spark platform and website;

- Unauthorized access, use, or alteration of your transmissions or content.

2. Cap on Liability: In no event shall the aggregate liability of Ekspats for all claims relating to the Spark platform and website exceed the amount you paid Ekspats, if any, in the past twelve months for the services giving rise to the claim.

3. Basis of the Bargain: Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

4. Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Ekspats' liability will be limited to the fullest extent permitted by applicable law.

V. Other Provisions

1. As soon as Ekspats has evidence of a User’s violation of statutory regulations, third-party rights, these General Terms and Conditions (e.g. by entering incorrect contact details, incorrect information about qualifications or in the case of harm to other participants) or other justified interests of Ekspats (hereinafter: “Suspected Abuse”), Ekspats reserves the right to take action against this member (e.g. advance warning, deletion of content, restriction or blocking of the user, termination). When choosing what action will be taken, Ekspats takes into account the operational needs of the Spark platform, Ekspats’ liability risks as well as the legitimate interests of any claimants and the User (e.g. culpability, significance of the duty violation, risks, statement by the User). To this extent, Ekspats may verify the content of any text as well as each image entered and amend or delete it if necessary and where required. Ekspats reserves the right to take further action. These measures do not affect Ekspats’ statutory rights. Where required and reasonable, Ekspats shall grant the User a suitable timeframe for filing a statement and shall inform the User of the measures that will be taken.

2. The contractual relationship between Ekspats and the respective User is governed by the law of the Netherlands. Legally mandatory consumer rights in the country of origin of a consumer remain unaffected.

3. The place of jurisdiction for all disputes arising from the contractual relationship between the User and Ekspats is Amsterdam, Netherlands, insofar as the User is a merchant, a legal entity under public law or a special fund under public law. Otherwise, Amsterdam has been agreed upon as the non-exclusive place of jurisdiction.

VI. Additional Provisions for Candidates

1. General Provisions for Candidates

- Ekspats offers Candidates the option to use the Spark platform to search for jobs, apply for jobs/positions, to establish contacts, and to recommend jobs/positions to others. Complete use of the Spark platform with all its functions is only available after registering for Spark Platform which is fee-based.

- Ekspats is a career service for qualified specialists and managers. To maintain the quality of the service, Candidates must demonstrate sufficient qualifications and provide meaningful information. Ekspats reserves the right to take action in accordance with Terms of Use or Candidate agreement which is supposed to be signed between the Candidate and Ekspats.

2. Costs for Candidates

- Should the Candidate wish to use the Spark platform in full, i.e. with

all the available functions and without restrictions, the Candidate may only do so by acquiring a corresponding license for complete use of the Spark software. The Candidate is also obliged to sign a Candidate agreement if he/she finds a job through Spark System.

3. Term and Termination of Membership

- Both Parties have the right to terminate the contract for Spark membership any time. Ordinary termination by Ekspats becomes effective three days after receipt of termination notice, with terminations by the Candidates taking effect immediately after receipt of termination notice. If the Candidate desires to terminate the contract, a written notification sent to Ekspats, an email sent to support@ekspats.com, or the deletion of the profile are sufficient.

- The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if the Candidate intentionally provides false information upon registration or ordering and/or during a later amendment to the Candidate’s data or repeatedly violates these General Terms and Conditions and Ekspats has previously and fruitlessly warned the Candidate about this.

4. Payment Conditions for Candidates

- The payment of fees due for a Membership must be made to Ekspats in advance without any deductions. The fee should be paid to the Ekspats’ abovementioned Accounts unless it is automatically charged to or transferred from the Candidate’s account, PayPal account or credit card.

Here are the EUR account details for Ekspats B.V.:

Account holder: Ekspats B.V.

BIC: TRWIBEB1XXX

IBAN: BE62 9675 0201 3661

Wise’s address: Rue du Trône 100, 3rd floor, Brussels 1050 Belgium

5. The Candidate shall not include commercial advertising in the Candidate’s profile that is for the commercial benefit of the Candidate or for that of third parties (e.g. other websites or service telephone numbers). Photos that are submitted to Ekspats for publication in a profile must be up-to-date and allow the relevant User to be identified. Candidates make applications freely and are not subject to any advice, influence or instructions by Ekspats. In this respect, Ekspats does not assume any responsibility or liability towards third parties.

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