Agreement concerning the use of all websites of ManpowerGroup Netherlands B.V. This version has been valid since 30 November 2007.
This agreement regulates the use of this website and the content, information and services that are provided by the website. It releases Manpower and other parties involved in whole or in part from all liability and includes other important provisions you should take note of.
Each time you use the website, the agreement in the format that is used at that time will apply. It follows therefrom that you are required to check the date of the agreement (stated at the top of the agreement) each time you use the website and that you have to take note of the changes that have occurred since the most recent version.
This agreement includes the following provisions:
- your acceptance of this agreement;
- the validity of this agreement;
- changes to this agreement
- approval to use the website;
- communication and orders via the website;
- no advice;
- rejection, exclusion of liability, limitation of liability, termination and remission;
- ownership and permitted use of the website;
- trademark information;
- confidentiality of personal information;
- other sites;
- linking, framing, mirroring, scraping and data mining of the website;
- termination of this agreement and the website;
- valid legal system and dispute settlement;
- other matters.
- YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between yourself and all persons you represent (and within the context of this agreement the term "person" comprises natural persons and all entities with or without legal personality) and ManpowerGroup Netherlands B.V. ("Manpower"). It manages the use of this website and the content, information and services that are provided by the website (jointly: "the Website"). This agreement also concerns Manpower branches, service providers, suppliers and subcontractors including the various Manpower businesses worldwide (jointly the "Branches and Suppliers").
Each time you use the Website this means that you and all persons you represent agree to this agreement, accept it without restriction or condition and that you are bound by its provisions. You thus confirm that you are legally authorised to acknowledge and accept this agreement in your own name and in the name of all persons you represent. You are not allowed to use the Website if you do not agree to a provision of the agreement or if you are not authorised to accept or acknowledge this agreement.
- VALIDITY OF THIS AGREEMENT
This agreement is supplementary to all written agreements with Manpower, the Branches and Suppliers (now and in the future), which were drawn up between yourself and all persons you represent on the one hand and Manpower, the Branches and Suppliers on the other.
This agreement and all other agreements you or the persons you represent have concluded with Manpower, the Branches and Suppliers (now and in the future) jointly form the entire agreement concerning your access to and your use of the Website. It replaces all previous (written, oral or other) agreements concerning your access to and your use of the Website. In case of an inconsistency or conflict between the provisions of this agreement and the provisions in any other agreement you or the persons you represent have concluded with Manpower, the Branches or Suppliers (now or in the future), the provisions of that agreement will regulate your access to and your use of the Website.
- CHANGES TO THIS AGREEMENT
Manpower has the right to change, supplement or alter this agreement concerning your future use of the website as it sees fit, from time to time, and for any reason whatsoever, without prior notification and without being obliged to render account to you or the persons you represent. You may not supplement, alter or improve this agreement in any way.
- APPROVAL TO USE THE WEBSITE
The Website may only be visited and used by individuals who: (a) have reached adulthood in the jurisdiction where they live and who are authorised to conclude legally binding contracts under the law that applies; and (b) accept this agreement. Persons who use the Website must comply with all applicable laws. Manpower has the right to refuse access to and use of the website as it sees fit.
- COMMUNICATION AND ORDERS VIA THE WEBSITE
The Website is a platform and a communication channel that is connected to other websites and companies that are managed by Branches and Suppliers. The Branches and Suppliers may be independent of Manpower, their websites may apply different or conflicting conditions of use or privacy lines of conduct and it is possible that they apply different conditions when providing their services. Your relationships with Branches and Suppliers and the use of their websites are therefore your own responsibility and no claim for compensation can be submitted against Manpower in connection with contestations that arise therefrom. The provisions that apply between yourself and Manpower, which are described in the part of the agreement that is dedicated to Rejection, Exclusion of Liability, Limitation of Liability, Termination and Remission, including all necessary changes, apply to your relationships with Branches and Suppliers and your use of their websites.
Using certain links, including order links, means that it is possible that you are forwarded automatically to websites that are managed by Branches and Suppliers. If you use the Website for messages relating to your employment requirements, it is possible that the information you pass on will be read, handled and answered by Branches and Suppliers.
All communication you forward via the Website or by e-mail must be truthful, accurate and complete. Manpower, Branches and Suppliers assume that the information you provide via the Website is truthful, accurate and complete. If you provide incomplete or incorrect information or if the information was damaged or corrupted during the course of the transmission, you and consequently all persons you represent will be liable for any loss, damage or additional costs you, Manpower, Branches and Suppliers or other persons may incur as a result.
You grant Manpower, Branches and Suppliers approval to: (a) consider communications they receive from you via the Website or by e-mail as statements that were submitted directly by you in writing and signed; (b) share your information with all Branches and Suppliers and Manpower employees via the Website, e-mail or other means of communication; and (c) respond to those communications via the internet, e-mail or other means of communication. Messages you send to Manpower via the Website or by e-mail are not valid until they are effectively handled by the responsible Manpower representative.
Manpower has the right to refuse to handle messages you forward via the Website or by e-mail or stop the handling of all messages that are addressed to Manpower via the Website or by e-mail at any moment whatsoever, without prior notification and without any liability towards you or any other person, if: (a) Manpower is unable to process the messages; (b) the messages violate one or more provisions of this agreement or any other agreement whatsoever you or any other person has concluded with Manpower; (c) Manpower concludes that the messages are inconsistent with other instructions or agreements with you or with another person you represent; or (d) in case of an operational failure or poor transmission of the messages.
Messages intended for Mr Jeffrey A. Joerres sent via the Website may be answered by other members of staff and not by Mr Joerres in person.
Manpower strives to provide accurate information via its Website. It is nevertheless possible that errors occur. Manpower therefore reserves the right to adjust the information on a regular basis without prior notification without it being possible to hold Manpower liable in this connection.
- NO ADVICE
The Website is not intended to provide a detailed or comprehensive approach to the subjects it handles: investments, taxes, accounting, legal matters, or other professional or specialist consultation and recommendations, offers and recommendations to purchase or sell shares, bonds or any other financial instruments or any other product or service. It would be advisable to obtain suitable and competent professional advice and to take account of the recommendations that are part therefore before you decide to act or not to act on the basis of information you have found via the Website.
- REJECTION, EXCLUSION OF LIABILITY, LIMITATION OF LIABILITY, TERMINATION AND REMISSION
Manpower, Branches and Suppliers are not liable for the use of the Website. The following provisions therefore apply when you use the Website.
You use the Website at your own risk. The Website is made available to you as it is, without explicit or implicit guarantees of any kind. Manpower, Branches and Supplier hereby fully reject all responsibility for offers, guarantees, circumstances, guarantees of compliance, marketability, suitability for a specific purpose, performance, sustainability, availability, timelessness, accuracy or completeness, in the broadest sense of what is permitted by law. Offers, guarantees or special conditions following from a certain method, current use or certain commercial practices do not arise in any event. You are solely responsible for obtaining, processing and maintaining all computers, software, telephone services and other equipment and services you require to use the Website.
The internet is not a safe medium and may be interrupted or become the subject of involuntary or voluntary breaches of security and privacy. The availability of the Website may be affected by numerous factors that are beyond Manpower's control. It is possible that the Website is not available in a continuous, uninterrupted, secure or private manner.
Manpower, the Branches and Suppliers are not liable towards you or any other person for loss or damage sustained by you or any other person as a result of a failure or refusal on the part of Manpower to comply with a message that was addressed to Manpower via the Website or by e-mail, or for late receipt, taking note, handling or acceptance of such messages on the part of Manpower, or for loss or damage that was sustained as a result of an operational failure, poor operation, interruption, modification, change or closure of the Website or the e-mail services.
Without limiting the general nature of the matters set out above, Manpower, the Branches and Suppliers do not guarantee that: (a) the Website is compatible with your computer, peripheral equipment and software; (b) the Website will be available without interruption, will be free from errors or that all errors will be resolved; (c) the Website will be sufficient for your needs; (d) the information stated on the Website or that may be obtained via the Website will be accurate, complete, in the right order or available on time; (e) some or certain results will be available via the Website; (f) the use of the Website - including browsing and downloading information - will be free from viruses, Trojan horses, worms or other destroying or harmful elements; or (g) the use of the Website does not breach the rights (including intellectual property rights) of any individual whatsoever. Manpower, Branches and Suppliers reject all liability for such matters in the broadest sense permitted under the law.
Exclusion of liability
Manpower, the Branches and Suppliers will never be liable towards you or any other person for lost use, loss of production, loss of income or loss of profit (real or estimated), loss of market share, economic loss, special, occasional, direct or indirect consequential loss or damage, on the basis of a contract, as a result of negligence, strict liability under any other statutory principle or principle of justice that follows from, is related or connected to the use of the Website by you or any other person and such irrespective of negligence, errors or breaches on the part of Manpower, Branches and Suppliers or any other person whom Manpower, Branches and Suppliers are responsible, and irrespective of the fact that Manpower, Branches and Supplier were informed of the possibility that you or another person could sustains such a loss or damage.
Exclusion of certain guarantees and the exclusion of certain liabilities are prohibited by law in some jurisdictions. It is possible that such statutory limitations also apply to you.
Limitation of liability
Without prejudice to the matters set out above, Manpower, the Branches and Suppliers will never accept overall liability towards you or any other person in connection with claims for compensation, liabilities, obligations, losses and damage and costs arising from contracts, disadvantaging, negligence, strict liability arising from any statutory principle or principle of justice, irrespective of whether it concerns negligence, errors or breaches on the part of Manpower, Branches and Suppliers or any other person whom Manpower or a Branch or Supplier is responsible. Compensation shall never exceed the amount you paid Manpower in order to be able to use the Website and can never exceed the limit of $100 (US).
Limitation of liability is prohibited by law in some jurisdictions. It is possible that such statutory limitations also apply to you.
You hereby waive forever, insofar as permitted by law, all rights, claims, complaints, demands, actions, measures, liability, obligations, statutory fines, costs and compensations of any kind whatsoever that arise in any known or unknown manner and that follow from, are related or connected to your use of the Website now or at any time and such towards Manpower, the Branches and Suppliers and their respective franchisees, partners, agents, directors, parties responsible, assistants, providers of information, service providers, suppliers, subcontractors, holders or providers of permits and all other persons involved or associated.
You agree that you will indemnify, defend and hold harmless Manpower, the Branches and Suppliers and all of their respective franchisees, partners, agents, directors, parties responsible, assistants, providers of information, service providers, suppliers, subcontractors, holders or providers of permits and all other persons involved (jointly "the indemnified persons") with respect to all liabilities, expenses and costs, including all reasonable statutory wages and expenses without limitation that are sustained by the indemnified parties within the context of a claim or demand for compensation that arise from or that are related to your use of the Website or your violation of this agreement. You are willing within reasonable boundaries to cooperate as much as possible with the indemnified parties in putting forward a defence against claims or demands, advice and information that are put forward by Manpower or the Branches and Suppliers or their respective representatives in oral or written form. You also declare that you will not take steps, draw up guarantees or conditions or alter or modify this agreement. This also applies to the above rejection, exclusion liability, limitation of liability, termination and remission and you do not have the right to proceed on the basis of any advice or information in this regard.
Fair diversification of the risks and liability
You acknowledge and you agree that this agreement provides a fair diversification of the risks and liability.
- RIGHT OF OWNERSHIP AND PERMITTED USE OF THE WEBSITE
Copyright © Manpower Inc. 2007, all rights reserved. The Website and all information (text, illustrations, video and audio), images, icons, software, design, applications, calculation sheets, models, data and other elements available on or via the website are owned by Manpower, the Branches and Suppliers and other parties. They are protected by US and International copyright, trademarks and other legislation. Your use of the Website does not grant you a right of ownership or any other right in respect of the Website or its content.
The Website may only be used in the manner described expressly in this agreement. More specifically, the Website may not be copied, imitated, reproduced, republished, uploaded, published, forwarded, altered, indexed, catalogued, mirrored or divided in whole or in part, unless such is approved expressly in this agreement and with the exception of Manpower's express and prior, written approval.
The Website may only be used for legal purposes. You may only use the Website with SSL web browser software that is commercially available.
- TRADEMARK INFORMATION
MANPOWERGROUP®, MANPOWER®, MANPOWER.NL, the Manpower logo, the ManpowerGroup logo and other trademarks and logos that appear on the Website are registered and unregistered trademarks, trade names and service marks owned by Manpower or for which Manpower holds a licence. Other product and company names and logos that appear on the Website may be registered or unregistered trademarks, trade names or service marks of their respective owners.
The use of trade names, trademarks, service marks and logos (jointly "the Marks") that appear on the Website is strictly forbidden. The fact that something appears on the Website or elsewhere must not be considered to constitute implicit or explicit approval to use the Marks on the Website. Nor must it be assumed that it is possible to obtain a licence for their use as a result thereof.
- CONFIDENTIALITY OF PERSONAL INFORMATION
- OTHER SITES
The Website includes links to other websites or sources and companies that are managed by Branches and Supplier or other persons (jointly "Other Sites"). Other Sites are independent of Manpower may have different or deviating privacy policies or conditions of use. Manpower is not responsible or liable for Other Sites and does not control Other Sites, their affairs, property, services or content. Links to Other Sites are offered exclusively for your convenience. Manpower does not sponsor any other site and does not assume responsibility for the content, goods or services made available by the Other Sites. Your use of the Other Sites and your relationships with the owners or operators of the Other Sites takes place at your own risk. You cannot submit any claim against Manpower that arises from your use of any Other Site whatsoever or from your relationships with the owners or operators of Other Sites.
- LINKING, FRAMING, MIRRORING, SCRAPING AND DATA MINING OF THE WEBSITE
Links to the Website, without Manpower's express, written consent, are strictly forbidden. Framing, mirroring, scraping or data mining the data from the Website or its content is strictly forbidden in any form and by any means.
- TERMINATION OF THIS AGREEMENT AND THE WEBSITE
You will no longer be allowed to use the Website if you breach any of the rules of this agreement.
- VALID LEGAL SYSTEM AND DISPUTE SETTLEMENT
The Website is managed by Manpower from Milwaukee, Wisconsin, United States of America. This agreement, your use of the Website and all matters pertaining thereto are governed exclusively by the law of the State of Wisconsin, United States of America, as well as the federal laws that apply in the United States of America, to the exclusion of the rules of private international law or conflicts between legal systems that could give reason for application of other legal systems.
Any contestation or demand that arises from or is related to this agreement or the cancellation of the agreement will be regulated by the American International Commercial Arbitration Court and is covered by the Commercial Arbitration Rules. The award resulting from the arbitration can submitted to any court with jurisdiction in respect thereof. Arbitration is performed by a single arbiter. The place of arbitration will be Milwaukee, Wisconsin, United States of America. Despite the matters set out above, Manpower and yourself have the right to apply for an order from an appropriate court established in Milwaukee, Wisconsin, before or during the arbitration proceedings.
Any claim or action that follows from or that is related to your use of the Website, this agreement or any other matter relating thereto, must be brought within six (6) months after the cause of the claim or action. The claim or action will be rejected after this period irrespective of whether it was justified or not.
- OTHER MATTERS
In the event a provision of this agreement is unlawful, not relevant or unenforceable for any reason whatsoever, such a provision will be deemed separate from the rest of this agreement and it will not affect the validity and enforceability of the other provisions in any way.
Notwithstanding provisions that read otherwise, the following provisions of this agreement and all other provisions that are necessary for their interpretation or implementation will continue to apply, have effect and bind the parties involved in full for an indefinite period after this agreement has ended, as applicable: 8 (Rejection, Exclusion of Liability, Limitation of Liability, Termination and Remission); 9 (Ownership and Permitted Use of the Website); 11 (Confidentiality of Personal Information); 12 (Other Sites); 14 (Termination of this agreement and the website); 15 (Valid Legal System and Dispute Settlement); and 16 (Other Matters). The provisions of this agreement are binding and protect Manpower, the Branches and Suppliers and their respective descendants, parties responsible and persons involved on the one hand and you and your beneficiaries, implementers, managers, successors and personal representatives and all persons you represent and their respective successors, and persons who have been appointed and are involved on the other hand. You and the persons you represent do not have the right to transfer the rights and obligations covered by the agreement without Manpower's prior, express, written approval, which approval may be withheld at Manpower's discretion. Manpower has the right to transfer this agreement and the rights and obligations covered by this agreement without your approval or the approval of one or more persons you represent.
Approvals and remissions of the parties involved with respect to a violation or failure on the part one of the parties regarding the performances or obligations that are covered by this agreement, are not considered to be an approval or remission for a permanent violation or failure or any other violation or failure to comply with this or any other obligation on the part of the party involved. Approvals and refusals are only valid if they have been laid down in writing and have been signed by all parties.
You and the persons you represent (on the one hand) and Manpower, Branches and Suppliers (on the other) are independent contracting parties and it is not the intention to establish an agency, partnership, joint venture, employment or franchise relationship by means of this agreement or through your use of the Website.
All rights not conferred expressly by this agreement remain vested in Manpower.
This agreement may be altered without prior notification.