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Terms & Conditions Tivy.club

Version: December 2024

Welcome,

and thank you for taking the time to read our general terms and conditions. Tivy.club is a vacancy platform where candidates and employers with a heart for diversity.& inclusion find each other. Together we join forces to make the public and private sector future proof.

These terms and conditions are our ground rules. No hidden ‘small print’, but clear and honest agreements. Please read them carefully. You should be able to read these terms and conditions without having to hire a lawyer in order to understand them. If you still have questions, feel free to contact us.

These terms and conditions are subject to copyright; copying these terms and conditions is not permitted.

1 - Who we are

We are Tivy.club. part of Greenjobs B.V. located in Amsterdam. If you have any questions, remarks or just want to share something, you can contact us in the following ways:

By email: hello@Tivy.club

The old fashioned way (in writing): Van Bossestraat 5H, 1051JR Amsterdam (the Netherlands)

Some important numbers:

Chamber of Commerce: 84083107

Dutch VAT-number: NL001906715B05

2 - Reading guide

In order to keep these terms and conditions clear and organized, Tivy.club uses a number of terms:

• You, Your: the user of the website, which in any case includes the employer and the candidate;

• In writing: communication via (registered) post or email;

• Website: www.Tivy.club;

• Employer: any company that uses the services of Tivy.club to connect with candidates;

• Candidate: the person who uses the website to respond to vacancies.

3 - Applicability, what we offer

1. These terms and conditions govern your use of the website and are applicable to every offer made by Tivy.club and every contract between you and Tivy.club.

2. Deviating and / or supplementary agreements must be made in writing and only apply to (that part) of the agreement for which the deviating agreement has been made.

3. Your general terms and conditions are hereby expressly rejected by Tivy.club and do not apply to the agreement.

4. Tivy.club cannot be held to its offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.

5. If you accept these terms and conditions on behalf of a business, you represent and warrant that you have the authority to bind that business to these terms and conditions.

4 - Account

1. Would you like to post a vacancy via Tivy.club? Then you will first need to create an account. Candidates can also create an account, but this is not a requirement (they can also respond to a vacancy without an account). Tivy.club has the right (at its own discretion) to refuse accounts without reason.

2. You are responsible for (the accuracy of) your account information.

3. In order to create an account, you must meet at least the following requirements:

• You are at least 18 years old;

• You can be reached by email;

• You have provided Tivy.club with accurate and complete information;

• You agree to comply at all times with these terms and conditions and all relevant applicable laws and

• regulations.

4. Tivy.club does its best to keep the website as safe as possible. Nevertheless, you are solely responsible for all activity on your account. Tivy.club assumes that everything that happens on your account is done by you. Make sure that you maintain the confidentiality of your login details, keep your password safe and secure your connection. Is someone using your account or do you suspect this? Please contact Tivy.club immediately.

5. A candidate may only create an account using its own name. Employers may only create an account using their own company name or the name of the company that the employer is representing. It is explicitly not allowed to create an account under someone’s else’s name or to pretend to be someone else (‘fake profile’).

6. As a candidate, you’re not allowed to let someone else use your account. Transfer of the account is prohibited.

7. It can be useful as an employer to add multiple users to the same account. The employer is fully responsible for everything that happens under its account, and therefore also for the actions of other users of its account. The employer represents and warrants that it will only invite users, if the employer is authorized to do so and if it is allowed to share the data contained in its account with this other user. Unauthorized users (or users that are no longer authorized) should be removed immediately by the employer.

8. You’re not allowed to use your account for any purpose other than its intended purpose.

9. Tivy.club has no obligation to retain any data or materials received or developed by Tivy.club (such as vacancies, job applications, resumes and social media advertisements), nor is Tivy.club required to return such data or materials after deletion of the account. For more information on the removal of personal information, please read Tivy.club privacy and cookie policy.

10. If there is a problem with your account, please let Tivy.club know by sending an email to hello@Tivy.club.

11. Tivy.club reserves the right to close accounts without reason and without prior notice. In any case, your account will be closed if:

• you do not abide by these terms and conditions or the Dutch laws and regulations;

• you are not (or no longer) authorized to use an account.

12. Tivy.club may, but is not obligated to, provide support in using the account.

13. Please be aware that you are solely responsible for the accuracy of the (contact) information in your account.

5 - Posting a job vacancy

1. Please note that an employer must post the job vacancy through its own account.

2. The employer is fully responsible for delivering the relevant content (such as the vacancy text, contact details, etc.). The employer should be aware of the fact that Tivy.club may, at its own (creative and technical) discretion, determine or change the content and / or the design of the (posted) vacancies.

3. You understand that Tivy.club does not review the delivered content. As such, the employer is solely responsible for (the content) of the vacancy. In any case, the employer guarantees that:

• the vacancy is not misleading and refers to a real job opportunity;

• the vacancy only promotes one single position or project;

• the vacancy does not contain any (hyper)links to the websites of third parties, unless Tivy.club has given its approval;

• the vacancy does not contain logos, trademarks or names other than those of the employer’s organization (unless the employer has obtained the permission to do so);

• the vacancy meets the objectives of Tivy.club with regard to sustainability;

• the content of the vacancy is accurate and up to date;

• the content of the vacancy is compliant with all applicable laws and regulations;

• the vacancy does not contain an email address, unless the employer opted for a paid package;

• it will immediately remove the vacancy when the position is filled or withdrawn. If the employer fails to do so, Tivy.club may remove the vacancy itself.

4. Please note that Tivy.club may reject or remove any vacancy, for any or no reason. Tivy.club is not liable for any damages in this regard.

5. Please note that the package or subscription you choose influences the ranking / positioning of your job(s) on the website.

6. If the employer purchases a package or subscription that includes a social media campaign, employer should be aware of the following:

• Tivy.club determines the design and style of the social media post. Employer has no say in this;

• The social media post will be shared once on the LinkedIn, Facebook and Instagram accounts of Tivy.club;

• The post will only be shared in the feed of the social media accounts of Tivy.club. Tivy.club does not guarantee that the post will also appear in stories and so on;

• The social media post will be shared within 7 working days after the vacancy has been posted;

• After the social media post has been shared on the social media accounts of Tivy.club, employer can no longer adjust the post free of charge;

• Tivy.club does not guarantee that the social media post will (for a certain period of time) remain ‘at the top’ of the feed of Tivy.club's social media accounts.

7. The above six points are also valid if vacancies from an employer are submitted via an automatic link / connection from a (work-at) site of an employer.

8. A subscription for unlimited job posting has a duration of three, six, nine or twelve months. The employer cannot cancel the subscription he has chosen within the term of the subscription. At the end of the term, the subscription will be tacitly renewed, always for a period of one month, unless the employer terminates the subscription in writing, with due observance of a notice period of one month.

6 - Company page for employers

Tivy.club offers employers an additional opportunity to put their company on the map. With a company page the employer can attract the right talent even better!

1. The subscription costs for a company page are charged at the beginning of each month. The employer receives an invoice which must be paid within 14 calendar days after the invoice date.

1. Tivy.club determines at its own discretion whether the employer meets the requirements for a company page. Tivy.club may refuse to set up a company page, without reason.

1. The minimum period for the subscription for a company page is six months. It is not possible to terminate the subscription within this minimum period of six months. After expiry of the minimum period, the subscription shall renew automatically for further successive renewal periods of one month each, unless written notice is given by the employer, subject to a one-month notice period.

1. Tivy.club is entitled to terminate the subscription for a company page at any time, without requiring any notice or notice of default. In such case, Tivy.club shall refund part of the subscription fee, for the period that has not been used, unless the termination is attributable to the employer. Tivy.club will never be liable for any compensation regarding cancellation, dissolution or any other method of termination. Amounts that Tivy.club has already invoiced at the time of dissolution will remain due in full and will become immediately payable upon dissolution.

1. Tivy.club endeavors to post the company page on its website within 7 days of receiving the completed questionnaire.

1. Employer is responsible for keeping the information displayed on the employer's company page up-to-date. Employer cannot directly change the information itself on the employer's company page. Employers should contact Tivy.club by sending an email to info@Tivy.club to adjust the information.

1. Employer is responsible for the content of the company page and guarantees that the content does not infringe on the (intellectual property) rights of third parties, and that third party links are not harmful. Employer indemnifies Tivy.club for all claims of third parties in this regard.

1. Tivy.club will list vacancies that are posted on the website of Tivy.club by the employer, on the employer's company page. However, the employer is solely responsible for posting vacancies on Tivy.club.

1. Tivy.club makes no guarantees as to the number of (additional) responses that the employer will receive as a result of a company page, and / or that a suitable candidate can be found through the website.

1. Tivy.club uses the Google Maps API to display the company location on the employer's company page. Employer agrees to the Google Maps/Google Earth Additional Terms of Service and Google's Privacy Policy.

7 - Code of conduct

1. It’s important for Tivy.club to keep its website a safe place. Tivy.club expects you to treat the website and other users of the website with respect.

2. In any case, you’re not allowed to:

• upload or transmit spam or unsolicited messages to other users;

• post content that infringes any intellectual property rights (such as copyrights, trademarks, patents, etc.) of third parties, including rights on a person’s own image (portrait) and personality rights;

• post content that is unlawful, violent, discriminatory, pornographic, harassing or threatening;

• give unauthorized access to your account;

• post content that violates applicable laws and regulations;

• provide information that is false, inaccurate or misleading;

• engage in 'hacking' the website, with or without automated means (scrape, crawler, spider, etc.);

• (de)compile, copy, edit or disassemble the website, software, data or other materials of which the intellectual property rests with Tivy.club, nor are you allowed to (attempt to) retrieve the source code of the website / software;

• use the website in a way that causes a malfunction or delay (for example by uploading large amounts of data);

• ● advertise or place (hyper)links for the promotion of your (own) products or services.

3. If you do not comply with the above, Tivy.club may immediately suspend or delete your account without prior notice. You will be liable for any damages resulting from any violation.

8 - Privacy

1. When you use the website Tivy.club processes (personal) data. You can read more about your privacy in Tivy.club’s privacy and cookie policy. Employers represent and warrant that they will not use the data of candidates for purposes other than those for which they have received the data (i.e. to fill the vacancy) and that they will comply with all applicable laws and regulations in this regard. If the data is used in violation of this article, the employer will forfeit to Tivy.club an immediately claimable fine of € 2,000 (two thousand euros) per violation or per candidate.

9 - Prices

1. For the time being, candidates can register for free on the website and can also respond to vacancies free of charge. Employers can use the Freemium package (free of charge): all other packages and subscriptions are subject to a fee. The most recent prices and packages will always be available at www.Tivy.club. Prices for subscriptions will be shared via e-mail.

2. All prices mentioned are in euro and exclusive of VAT.

3. Please note that Tivy.club reserves the right to change its prices at any time and may decide to delete or change some of its services provided for free. Changes in taxes, excise duties and government levies will always be passed on to the employer.

10 - Payment

1. After the employer has purchased a paid package or subscription, the employer will receive an invoice which must be paid within 14 calendar days after the invoice date.

2. The invoice must be paid without suspension, discount or setoff.

3. Tivy.club will invoice the amount due in full, unless agreed otherwise. The employer agrees to electronic invoicing by Tivy.club.

4. If the employer fails to pay within the payment term of 14 days, the employer is automatically in default (no further notice of default shall be required). Tivy.club will then be entitled to charge the statutory commercial interest as from the first day after the expiration of the payment period. In addition, all costs incurred by Tivy.club in obtaining payment in and out of court (all extrajudicial and judicial costs), such as costs for bailiffs, debt collection agencies, and so on, will be borne by the employer, with a minimum of EUR 150,. Please note that Tivy.club is under no obligation to prove that these costs have actually been incurred.

5. If the employer fails to pay on time or if the employer fails to provide Tivy.club with the requested content for a vacancy, Tivy.club is entitled to suspend or to halt the performance of its services, but shall nevertheless have the right to charge the employer with the fee payable under the agreement.

6. Tivy.club offers employers an additional opportunity to purchase a subscription to post multiple vacancies online for a certain period. Above points in article 10 are valid and for the the subscriptions to post multiple vacancies, these are terms are added:

1. The subscription costs are charged at the beginning of each month. The employer receives an invoice which must be paid within 14 calendar days after the invoice date.

1. A subscription for unlimited job posting has a duration of three, six, nine or twelve months. The employer cannot cancel the subscription he has chosen within the term of the subscription. At the end of the term, the subscription will be automaticly renewed, always for a period of one month, unless the employer terminates the subscription in writing, with due observance of a notice period of one month.

1. Tivy.club is entitled to terminate the subscription at any time, without requiring any notice or notice of default. In such case, Tivy.club shall refund part of the subscription fee, for the period that has not been used, unless the termination is attributable to the employer. Tivy.club will never be liable for any compensation regarding cancellation, dissolution or any other method of termination. Amounts that Tivy.club has already invoiced at the time of dissolution will remain due in full and will become immediately payable upon dissolution.

11 - No guarantees, “as is”

1. Tivy.club cannot guarantee that the website will operate error-free or that it will meet all your expectations. Tivy.club will, of course, make every reasonable effort to resolve any errors or interruptions of the website in a timely manner.

2. Unfortunately, Tivy.club cannot guarantee that the website is free of malware and cannot prevent unauthorized persons from accessing or attempting to access your data. Using the website is therefore always at your own risk.

3. Tivy.club cannot give any guarantee regarding the (quality of the) content or the availability of the website. For example, the website may contain spelling or typing errors. Tivy.club does not accept any liability in this regard.

4. Tivy.club is not a (employment-)mediator, agent, intermediary or secondment agency. Tivy.club makes it possible to post and respond to vacancies, but does not fulfil an active (recruitment and selection) role. Tivy.club cannot guarantee that a vacancy will attract any suitable candidates. Tivy.club can also not guarantee that an employer will contact you (i.e. a candidate).

5. Tivy.club does not guarantee that the content on the website, such as vacancies, contact details, resumes, cover letters, etc., is correct and up to date. Tivy.club does not verify the identity of candidates / employers and can in no way guarantee that the information sent by the candidate / employer is correct. 6. Tivy.club will not be liable for any loss of data.

12 - Your license to Tivy.club

1. Please note that some of the content (such as texts, logos or pictures) that you share or upload on the website, can be protected by intellectual property rights (copyright, trademark, etc.). Make sure that you only post content that is yours (‘you own the intellectual property’) or for which you have obtained the necessary (usage) rights.

2. What’s yours is yours. You own the intellectual property rights in the content that you share on the website. Although Tivy.club does not own your content, Tivy.club does need your permission to use your content. This means that when you share something on the website (so, for example, by submitting a vacancy or uploading a resume) you grant Tivy.club a worldwide, perpetual, non-exclusive, transferable, sublicensable license to use, copy, reproduce, modify, publish, translate, distribute and publish your content through any media or distribution methods now known or later developed. The permission you give Greenjobs will only be used for the purpose of Greenjobs’ website and social media channels.

3. You understand that Tivy.club is under no obligation to maintain the confidentiality of such content.

4. You indemnify Tivy.club against all claims of third parties connected to intellectual property rights on the materials and data provided by you to Tivy.club.

5. Tivy.club may use your (company) name and logo for promotional purposes.

13 - The license you get from Tivy.club

1. All (intellectual-)property rights in the website and in all other material and information made available by Tivy.club, are vested in Tivy.club or its licensors.

2. Tivy.club grants you a non-exclusive, non-transferable and non-sublicensable right to use the website for the purpose and duration of your agreement with Tivy.club.

14 - Termination of our agreement

1. When the Employer has concluded an agreement for the purchase of a paid package, such as the Premium or Premium Social package, the agreement cannot be canceled or dissolved. If the Employer has concluded an agreement for the purchase of a subscription, the agreement cannot be canceled or dissolved. Refunds are not possible under any circumstances.

2. If you violate these terms and conditions, Tivy.club may immediately terminate its agreement with you, delete your account or deny you access to the website. Tivy.club is not responsible for any damages resulting from this. Restitution is not possible.

3. Tivy.club reserves the right to terminate the agreement in whole or in part with immediate effect and without judicial intervention if the employer is granted a suspension of payments, whether or not provisional, if the bankruptcy of the employer is applied for or pronounced, or if the employer's company is wound up or terminated other than for the purpose of reconstruction or amalgamation of companies. Tivy.club will never be obliged to pay any compensation in the event of such termination. Any claim of Tivy.club against the employer will be due immediately upon termination. Restitution is not possible.

15 - Force Majeure

1. Tivy.club cannot be held to fulfill its obligations, if it is hindered in doing so as a result of force majeure. In these terms and conditions, the meaning of the term ‘force majeure’ - in addition to what is meant by it in statutory law and case law - includes: illness, strikes, (internet-)failures, network failures, quarantine measures, epidemics, pandemics, government measures and all other external causes - foreseen or unforeseen - that are beyond Tivy.club control and that prevent Tivy.club from meeting its obligations.

2. If a period of force majeure lasts longer than 2 months, the employer has the right to cancel the agreement. Subsequently, Tivy.club shall be entitled - insofar as relevant - to refund any compensation already paid, or to pay back the compensation in the form of a voucher.

16 - Questions or complaints

1. Do you have a question or a complaint about - the use of - the website? Then you can send an email to hello@Tivy.club.

2. Are you an employer and do you have a complaint about Tivy.club’s services? Then you must submit the complaint within 30 days following the end of the agreement. Please note that submitting a complaint (such as a complaint about the invoice) does not suspend your payment obligations.

3. Tivy.club will respond to a question or complaint within 14 calendar days.

17 - Limitation of liability

1. Did Tivy.club not comply with the agreements it made with you? Then you should be aware of the fact that the liability of Tivy.club is limited in the way it is stated in this article.

2. To the extent permitted by law and in so far as this article does not provide otherwise, Tivy.club’s liability as a result of an attributable shortcoming or unlawful act is excluded at all times.

3. In any case, Tivy.club will never be liable for indirect damages, including but not limited to: reputational damage, loss of profit, damage due to business stagnation and missed savings.

4. The liability of Tivy.club is at all times limited to the amount paid out by the insurer in the specific case, including its deductible under that insurance. If no payout takes place, Tivy.club’s liability shall be limited to the invoice value of the part that Tivy.club is liable for, with a maximum of EUR 500,-.

5. Was the damage caused because Tivy.club intentionally caused it or because Greenjobs was grossly negligent? Then Greenjobs is liable for the damage.

6. Any claim against Tivy.club expires within 12 months after the agreement has come to an end.

18 - Applicable law, jurisdiction

1. These terms and conditions and all agreements between you and Tivy.club are exclusively governed by Dutch law.

2. Disputes will be settled by the court of Amsterdam.

19 - General provisions

1. Tivy.club reserves the right to amend and / or supplement these terms and conditions, at any time. The amended version of the terms and conditions will be posted on www.Tivy.club and Tivy.club will notify you accordingly. If you do not wish to accept a change or addition, you should notify Tivy.club within 14 days after Tivy.club has informed you about the updated terms and conditions. If you fail to do so, or if you continue to access or use the website, you agree to be bound by the updated terms and conditions.

2. Tivy.club reserves the right to transfer its rights and duties to a third party. If you want to transfer any of your rights and duties, you need Tivy.club’s written permission to do so (this provision also applies in the event of a takeover of the employer’s business activities).

3. If a provision of these terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms and conditions. The other provisions will remain in full force.

4. Tivy.club is entitled to engage third parties to perform (part of) the agreement and is explicitly not responsible for the acts or omissions of these third parties. Sections 7:404, 7:407 paragraph 2 and 6:76 of the Dutch Civil Code are hereby excluded to the extent permitted by law.

5. Although Tivy.club may connect a candidate with an external career coach (via its website), it is important to note that Tivy.club is not a party to this agreement.

6. These terms and conditions have been drawn up in Dutch and English. In the event of a difference or discrepancy between the Dutch text and the English text of these terms and conditions or in case of a difference in the interpretation thereof, the terms and conditions drawn up in the Dutch language shall prevail.