Terms of Use HeadFirst Group Platform
Introduction
In this introduction you will read more about the services which HFBG Holding B.V. and its affiliates (hereafter jointly referred to as HeadFirst Group) provide. HeadFirst Group has drafted these Terms of Use with due care, taking into account all interests involved as far as possible.
HeadFirst Group Platform
HeadFirst Group’s Platform is an online platform for Professionals and Clients for (i) bringing together the supply and demand of flexible workforce and (ii) contract management of flexible workers. As such, Clients within the government and the top of the Dutch businesses gain direct access to an up-to-date supply of tens of thousands highly qualified Professionals. Demand and Supply of the flexible workforce meet in a transparent way and come closer than ever before. This creates different advantages, such as an optimal price/quality ratio and better matches in terms of knowledge and expertise.
Striive
Striive is the current name we uses for the online platform from HeadFirst Group. Through Striive HeadFirst Group provides services related to bringing together demand and supply of flexible workforce related to the contract management of flexible workforce. For the sake of the readability of this document we will refer to “the Platform”.
For whom is the Platform designed?
HeadFirst Group offers Self-Employed Professionals the possibility to register with the Platform and to create a profile. It is also possible for Suppliers to create a profile for the Professionals with whom they work together. Clients can log in to their own Platform area, where they are able to post assignments and view the profiles of Professionals that have been selected for them.
To whom do these Terms of Use apply?
These Terms of Use apply to Independent Professionals, Suppliers of Professionals and Clients who create an account on the Platform and/or who are using it. Please note: if you are a Professional and a Supplier registers you with the Platform, you will be bound by the arrangements that you have made with that Supplier. You will not be able to log into the Platform yourself.
How is your personal data protected?
More information about the way we process personal data can be read in our Privacy Statement, which can be found on our Platform as well.
When do these Terms of Use apply?
These Terms of Use govern the use of the Platform and apply from the moment you create an account on the Platform. After creating an account, you are able to further complete your profile and a match may occur between an Independent Professional and/or Supplier on the one hand, and a Client on the other. Depending on the capacity in which you use the Platform, we may make additional arrangements with you in relation to the services we provide with regard to matching Professionals and Assignments.
By creating an account on the Platform, you confirm that you have read, understood and accept these Terms of Use. If you do not accept these Terms of Use, you will not be able to use the Platform.
If you have any questions regarding these Terms of Use, you may contact us on +31 23 5685630 or via email at Support@Striive.com.
Article 1 – Definitions and Interpretation
Account: an account created by the User, which gives the User access to the Platform, where the User is able to create a profile and make use of the Services.
Service(s): the services provided by HeadFirst Group regarding bringing together demand and supply of flexible workforce and the provision of contract management, for which, as a part of the services, HeadFirst Group grants the User access to the Platform and provides the Platform including the content and functionalities available within, including creating an Account, bringing Users together, matching Assignments to Suppliers and (Independent) Professionals and managing contracts.
User(s): Independent Professional, Supplier and/or Client.
Terms of Use: these Terms of Use for the Platform
HeadFirst Group: the private company with limited liability HFBG Holding B.V., registered in (2132 LS) Hoofddorp at Taurusavenue 18, registered at the Chamber of Commerce under the number 80349269, and the current and future associated businesses, among which but not limited to: Associates B.V., Between Staffing B.V., Designated Professionals B.V., Fast Flex B.V., Fast Flex Sourcing B.V., HeadFirst Germany GmbH, HeadFirst IT B.V., HeadFirst Poland sp. z o.o., Jenrick Nederland B.V., Jenrick Payroll Services B.V., Myler B.V., Oyster Coast B.V., Proud ICT B.V., Proud Payroll B.V., Source Automation B.V., Source Automation BV. (België), Source Automation Luxemburg SA, Source Payroll Services B.V., Star Apple Holding B.V., Sterksen B.V., Sterksen Detachering B.V. and Yellow Friday B.V.
IP-rights: all intellectual property rights and any related rights, anywhere in the world, including but not limited to patent rights, copyrights, design rights, database rights, trademark rights, related rights, performances on par with such rights, and rights to know-how.
Supplier: a legal entity that has entered into an agreement with one or more Professionals on the basis of which the Supplier can provide the Professional’s Services via the Platform.
Assignment: a request given to HeadFirst Group by Client that consists of (i) finding a suitable candidate Professional and – upon proven suitability – (ii) contracting a(n) (independent) Professional or Supplier for performing certain work, which is placed by or on behalf of the Client within the area of the Platform. User and HeadFirst Group enter into a cooperation agreement for Services and associated Assignments and the underlying rights and obligations that will apply.
Client: a legal entity that posts (or arranges for this to be done) Assignments within the Platform and wishes to make use of the HeadFirst Group’s Services.
Agreement: the agreement between HeadFirst Group and the User pursuant to which HeadFirst Group provides Services to User under the terms as set out in these Terms of Use. When referred to the Agreement in these Terms of Use, it is meant to refer to these Terms of Use itself as well.
Platform: HeadFirst Group’s online, automated platform on which a User may create an Account and is able to log into Striive and on which Services are being offered.
Professional: a professional (i) working as an independent professional or (ii) a professional working under an employment contract and who might perform work via a Supplier, by whom, or on whose behalf an Account is created on the Platform.
Independent Professional: a professional who works independently and who has created an Account on the Platform.
Article 2 – Scope and amendments
2.1 These Terms of Use govern the access and use of the Platform and Services. If these Terms of Use are (or have been) applicable to any legal relationship between the parties regarding the Services, they also shall apply to any legal relationship of a subsequent date by operation of law.
2.2 Any general terms of the User or of any third party explicitly do not apply.
2.3 HeadFirst Group shall have the right to amend these Terms of Use unilaterally at all times. Amended Terms of Use shall be shared on the Platform and/or via email at least thirty days before coming into effect. If the User wishes not to consent with the amendment(s), the User shall be entitled to terminate the Account until the new Terms of Use come into effect. If User does not terminate its Account before the date on which the amendments come into effect, the User shall be considered to have accepted the amendments.
2.4 If and as far as any provision(s) appear to be or become void or invalid, in whole or partially, this shall not affect the other provisions and these Terms of Use remain into effect for the remainder.
Article 3 – Provision of Services
3.1 All Services shall be provided subject to a best effort obligation, unless and in so far as HeadFirst Group has explicitly undertaken to provide the User with a result and such result is described in sufficient detail.
3.2 If and to the extent that is permitted by law, HeadFirst Group has the right to amend the content and scope of the agreed Services if they deem it desirable or necessary for technical or business reasons.
3.3 In order to avoid or limit any liability towards third parties, HeadFirst Group has the right to take measures in relation to the User’s use of the Platform and/or any Services. In the event of a breach of these Terms of Use or threat thereof, HeadFirst Group shall have the right to deny the relevant User access to the Platform, or to suspend or limit the access.
Article 4 – Licensing, availability of and access to the Platform
4.1 HeadFirst Group shall grant the User a license to use the Platform and the Services throughout the term of the relevant Agreement. Such license shall not be exclusive, transferable or capable of being pledged or sublicensed.
4.2 HeadFirst Group offers Users the possibility to create an Account (or to arrange for this to be done) on the Platform and to make use of its Services. Independent Professionals and Suppliers may create an Account themselves. In the case of Client, HeadFirst Group may create an Account on behalf of the Client based on the information provided by the Client.
4.3 HeadFirst Group reserves the right to deny Users the right to create an Account, to deny or refuse them access to the Platform in whole or in part, or not to conclude an Agreement with such User without any further explanation, if and to the extent legally permissible, without being obliged to compensate any direct or indirect damages.
4.4 HeadFirst Group shall ensure that the Platform remains available and that it is maintained and updated where it believes this is necessary.
4.5 The availability of the Platform shall not include the source code of the software constituting the basis of the Platform.
4.6 HeadFirst Group has the right to adopt technical measures to protect the Platform from being used unlawfully and/or in some other way or for a purpose other than as agreed between the User and HeadFirst Group. The User may not remove or circumvent (or arrange this to be done) any technical facility which is designed to protect the Platform.
Article 5 – Users’ obligations
5.1 The User is responsible for using the Platform and the Services. User is required to comply with all of HeadFirst Group’s usage requirements and other instructions and procedures, including these Terms of Use.
5.2 User shall provide HeadFirst Group with all of the information, materials and support which are reasonably necessary for HeadFirst Group in order to execute the relevant Agreement appropriately and guarantees that all provided information is correct, complete, accurate and up-to-date. If any information is no longer up-to-date, the relevant User shall modify it as soon as possible.
5.3 User himself is responsible for the availability of the facilities which are required in order to gain access to the Platform.
5.4 When creating an account, the User shall enter their email address and a password shall be created. The log-in details may be changed by the user from time to time. Log -in details are personal. The User himself is responsible for keeping his username and password combination secret and not to share them with anyone else.
5.5 The User himself is liable for any and all (unauthorized) use of the Platform through his Account.
5.6 The User is prohibited from using the Platform in a way which is in conflict with the Agreement, the applicable laws and regulations and/or the generally accepted standards of due care. It is also prohibited to use the Platform in a way which may harm HeadFirst Group and/or any other third party.
5.7 User is obliged to comply with all reasonable instructions and requests issued by HeadFirst Group in relation to the Services and it’s security.
5.8 User shall respect the privacy of third parties at all times, shall not process (personal) data in violation of the law, shall not gain wrongful access to the Platform, shall not disseminate any viruses or other harmful software or codes, and shall refrain from any criminal offenses, breaches of other legal obligations and of any other unlawful act or omission.
Article 6 – Fees, invoicing, payment and tax
6.1 User shall not be charged a fee for creating an Account. With regard to any services for which fees are due, separate arrangements shall be made, which shall be governed by additional terms and conditions.
Article 7 – Content
7.1 Via the Platform, information from HeadFirst Group and other Users is shared, such as Assignments being posted by Clients. All content within the Platform is property of HeadFirst Group and/or the Users that have delivered the content, or their licensors. Users gain only a non-exclusive, non-transferable right, which cannot be pledged or sublicensed, to use the content within the Platform in accordance with the provisions stipulated in de Agreement and only in the way as was envisaged using the functionalities of the Platform. It is not permitted to disclose content outside the Platform without HeadFirst Group’s consent.
7.2 Although HeadFirst Group strives to achieve and maintain a high level of content on the Platform, it does not provide any warranties and shall not be liable for any loss due to inaccurate, incomplete, out-of-date, infringing or otherwise unlawful content. The use of the content is entirely at the risk and under the responsibility of the relevant User. HeadFirst Group does not provide any warranties that specific content on the Platform shall be or remain available.
7.3 Notwithstanding any other rights of HeadFirst Group, it may delete any content which the User posts at any time and for any reason whatsoever, for example, if it considers itself legally obliged to do so or this is ordered by the relevant public authorities, if the content infringes (or allegedly infringes) any other party’s rights, including IP rights, or if the User fails to comply with the relevant Agreement, provides incorrect, outdated and/or misleading information or undertakes fraudulent activities. HeadFirst Group will not be liable to pay any form of damages or compensation to the User.
7.4 In the event that HeadFirst Group receives a request from another party to delete any content which the User has posted on the Platform (or part of it), HeadFirst Group may pass on such notice to that User in order to deal with such request. In such case, the relevant User shall do all that is required to ensure that the content complies with the applicable legislation and regulations, and that the rest may also be lawfully published. Nevertheless, HeadFirst Group shall be entitled to delete content immediately based on any third-party notice which HeadFirst Group considers to be adequately substantiated. HeadFirst Group shall not be liable to pay any form of damages or compensation as a result. In the event that HeadFirst Group receives a request for deletion from another party, it shall be entitled to supply the relevant User’s identity and contact details to such other party.
7.5 If the User is of opinion that any third party content on the Platform is incorrect, incomplete, out-of-date, infringes that User’s rights or those of any other party, or is in any other way unlawful, the User must report this to HeadFirst Group via Support@Striive.com HeadFirst Group shall process the report as soon as possible and, if it obliged to do so or if it deems it necessary, will remove the relevant content from the Platform with undue delay.
Article 8 - Term of the Agreement
8.1 The Agreement between HeadFirst Group and User shall come into effect by activation of User’s account whereby User has accepted these Terms of Use.
8.2 The Agreement shall remain in effect until the relevant Account is terminated. User may terminate its Account by taking the designated steps within the Platform or by sending an email to Support@Striive.com.
8.3 In the event that an Account is not active for longer than a year, i.e. when the relevant User does not use the Platform throughout that period, HeadFirst Group may terminate the Agreement concerned with immediate effect by sending that User an email addressed to the HeadFirst Group known email address of that User.
8.4 HeadFirst Group shall not be liable for the termination of an Agreement in accordance with the provisions stipulated herein or for the suspension of the relevant User’s right to access the Platform.
8.5 Any provisions of these Terms of Use which by their nature are designed to remain in effect following the termination of the Agreement, shall continue to apply in full.
Article 9 – IP rights
9.1 All IP Rights to the Platform and the Services belong to HeadFirst Group and/or its licensers. The User shall only receive those usage rights which are explicitly referred to in the relevant Agreement or these Terms of Use. Unless otherwise agreed, the usage rights received from or through HeadFirst Group are non-exclusive and non-transferable, and may not be sublicensed. All IP Rights to the aggregated, statistical data created and/or collected through the use of the Platform are fully owned by HeadFirst Group.
9.2 User guarantees when uploading and/or making content available through the Platform that, (i) it is fully authorized to do so, (ii) it has obtained all necessary rights and/or consents required to do so, (iii) this does not infringe any third-party rights, nor be unlawful in any other way, and (iv) HeadFirst Group shall not be liable to pay any damages or compensation to any third other party.
9.3 . User shall be fully responsible and liable in respect of any content that it makes available on the Platform. User shall indemnify HeadFirst Group against any and all claims made by another party in this respect and for all related damages and costs, including any lawyer's fees.
Article 10 – Personal data
10.1 HeadFirst Group processes Users’ personal data. HeadFirst Group can be considered the data controller. HeadFirst Group processes personal data in as further explained in the Privacy Statement.
Article 11 – Confidentiality
11.1 If in the performance of the Agreement information of a party comes to the knowledge of the other party and such information is deemed to be confidential, verbally or in writing, or which the receiving party may reasonably expect that it must be regarded as confidential, the receiving party will keep this information strictly confidential, only use it for the purposes of executing the relevant Agreement, and restrict access to the information to those persons who need to acquaint themselves with it for that purpose. The receiving party guarantees that these persons are obliged, whether by an employment agreement and/or a non-disclosure agreement to keep this information confidential.
11.2 Financial and business information, including information about the market and information concerning the parties’ marketing and sales policies, information about the current and future products and services of the parties or any company or business associated with them and Users’ personal data, are in any case regarded as confidential information within the meaning of the previous paragraph of this article.
11.3 Confidential information does not include information that was already in the public domain when it came to the attention of the receiving party or has become public after that, without interference of the receiving party, or which the receiving party receives from another party without being bound by a non-disclosure obligation of such other party.
11.4 User shall not make a statement to any other party concerning HeadFirst Group in a manner which may harm or cause damage to HeadFirst Group.
Article 12 – Warranties and indemnifications
12.1 The Platform and the Services are provided “as is” and “as available” and, to the extent that it is legally permitted, excluding all explicit and implicit claims in relation to conformity, accuracy or usability. The Platform and the Services evolve continually and HeadFirst Group does not warrant that all components shall be fully available at all times. HeadFirst Group shall at all times be entitled to change the nature and scope of the agreed Services, provided that it deems this to be advisable for technical or business reasons.
12.2 User shall warrant that it is fully entitled to enter into the Agreement and by doing so shall not infringe any rights held by another party or fail to comply with any contractual duty towards such other party.
12.3 User shall warrant that all information and data (personal or otherwise) which they provide may be processed and used by HeadFirst Group for the purpose of executing this Agreement and providing any Services.
12.4 User shall warrant that when using the Platform, they shall act in accordance with the applicable legislation and regulations, shall not infringe any third-party rights, nor act unlawfully in any other way.
12.5 User shall indemnify HeadFirst Group against any and all claims made by another party, including Users, pursuant to a failure (or alleged failure) to comply with these warranties and for any related damages and costs, which is deemed to include any lawyers’ fees. Furthermore, the User shall indemnify HeadFirst Group against any and all claims made by another party, including Users, that suffers a loss in relation to the execution of the relevant Agreement due to any act or omission on the part of User or a cause which must be deemed to have occurred at User’s risk.
Article 13 – Liability
13.1 Any liability on the part of HeadFirst Group pursuant to a culpable failure to comply with the Agreement shall only arise in the event that the relevant User notifies HeadFirst Group immediately (and at the latest within one (1) month after such non-compliance is discovered)- by registered letter and sufficiently detailed and granting HeadFirst Group a reasonable period of no less than thirty (30) days to still fulfil its obligations properly.
13.2 HeadFirst Group shall not be liable for any direct or indirect loss which the User suffers on any grounds whatsoever. In so far as liability may not be excluded pursuant to the law, HeadFirst Group shall only be liable for any objectively substantiated direct loss suffered by the User for which it may be held culpable.
13.3 Under no circumstances shall HeadFirst be liable for compensation for any indirect or consequential loss, or any harm due to a loss of turnover earnings, a delay, the loss of data, a failure to meet a deadline as a result of changed circumstances or the relevant User’s provision of assistance, information or materials, or information or advice provided by HeadFirst Group that do not explicitly constitute part of the Services.
13.4 Notwithstanding the foregoing, HeadFirst Group shall not be liable for any indirect or consequential loss, loss of earnings, foregone savings, impaired goodwill, any loss due to disruption of business or a claim made by User’s customer, a loss pertaining to the use by HeadFirst Group of any goods, materials or software provided by another party and prescribed by User, or any loss occasioned by the corruption, destruction or loss of data or documents.
13.5 Apart from the foregoing provisions governing liability, HeadFirst Group shall not be liable for any compensation, irrespective of the grounds on which any action to secure such compensation is based.
13.6 Any exclusion of liability or limitation of liability stipulated in this article shall apply in full to any director, manager, employee, representative or legal successor of HeadFirst Group, which persons can directly rely on this article.
13.7 No exclusion of liability or limitation of liability stipulated in this article shall apply in the event that the damage is cased by intent or gross negligence on the part of HeadFirst Group.
Article 14 – Other
14.1 Any Agreement and these Terms of Use are governed by and construed in accordance with the law of the Netherlands.
14.2 Any dispute arising pursuant or in relation to the Agreement shall only be brought before a competent judge of the District Court of Amsterdam, unless the parties agree to arbitration or binding advice.
14.3 HeadFirst Group is entitled to engage third parties without User’s consent to help execute the Agreement or to execute part of the Agreement as a subcontractor.
14.4 User is not entitled to assign their rights and obligations pursuant to the Agreement to any other party without HeadFirst Group’s prior written consent. HeadFirst Group is entitled to attach conditions to such consent.
14.5 HeadFirst Group is entitled to assign all or part of their rights and duties pursuant to the Agreement to any other party.
14.6 Any electronic communications sent by HeadFirst Group is deemed to have been received on the date on which it is sent, unless the relevant User can provide evidence to the contrary.
14.7 . HeadFirst Group and the User are independent parties, who do not have the power to represent each other, to perform any legal act on each other’s behalf, to enter into an agreement on behalf of each other or to mediate for this purpose, or to issue any warranty, guaranty or to take on commitments on behalf of the other party, unless otherwise agreed. The Agreement does not contain agreements on exclusivity between the parties in any way whatsoever.
Last updated: August 2024