Terms and conditions

Belookedat GmbH registered in Switzerland, CHE-489.270.684 Aeschenplatz 71, 4051 Basel (CH)

Welcome, and thanks for using Belookedat!

When using our site and service, you're agreeing to these terms and conditions - so please take a few minutes to read these underlying Terms and Conditions.

By using our product and service you therefore enter into a legally binding agreement with Belookedat GmbH, Switzerland.

1. Introduction

Last revised on January 31, 2016.

We are an online platform for recruiters and talents who are looking for job opportunities or waiting for the next career opportunity

The following Terms and Conditions are applicable to everyone using our services

1.1. Purpose

Our mission is to offer companies instant access to targeted talent profiles, prequalified on competencies and capabilities. We enhance talents´ exposure to potentially matching job opportunities through an assessment of their competencies making their profile compelling and meaningful.

1.2. Agreement

When you use our Services you are entering into a legal agreement and you agree to all of these terms

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking registering, accessing or using our services you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Belookedat GmbH, Aeschenvorstadt 71, 4051 Basel, Switzerland (“Belookedat” or “we”).

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features as may be amended by Belookedat from time to time. If you do not agree to this Agreement, do NOT access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

2. Obligations

2.1. Service Eligibility

Here are some promises you make to us in this Agreement:

You're eligible to enter into this Agreement and you are at least our “Minimum Age.”

To use the Services, you agree that: (1) you must be of the “Minimum Age” (defined below) or older; (2) you will only have one Belookedat account, which must be in your real name; and (3) you are not already restricted by Belookedat from using the Services.

“Minimum Age” means 25 years old. However, if law requires that you must be older in order for Belookedat to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 25.

2.2. Your Membership

You'll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

2.3 Payment

You'll honor your payment obligations if any and you allow us to store your payment information. Also, there may be fees and taxes that are added to our prices and that we will inform you about before any payment.

If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• You authorize us to store and continue billing your payment method (e.g. credit card) to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
• You must pay us for applicable fees and taxes unless you terminate your membership, in which case you agree to still pay these fees through the end of the applicable subscription period.
• Taxes are calculated based on the billing information that you provide us at the time of purchase.
• Any amount due will be confirmed to you prior to billing and you will have the opportunity to accept or not.
• You will receive an electronic invoice for every purchase on Belookedat.

2.4. Refund

Subscriptions/ Memberships/Access fees and user licenses each where applicable are valid and paid for one year from the date of purchase. We allow a period of 2 weeks (15 days) for you to validate your purchase decision.

If within this period you have not accessed personal data from talents we accept your written notice for termination and we will refund your payment. However, as soon as you have purchased a talent data set, we do not refund your subscription.

In the case you need to change the scope of your subscription please contact us for a case by case review – the refund is not guaranteed, while we will make a strong effort to meet your needs.

In any case, please contact us in writing and present your situation to us. We will decide on a case to case basis how we can proceed- there is no guarantee of refund after the initial two weeks.

There is no refund of the fees for the data of a talent once invited for interview and accepted.

2.5. Notices and Service Messages

When using our website you agree that we use email to provide you with important notices. This Agreement applies to mobile applications as well. If the contact information you provide isn't up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

3. Rights and Limits

3.1. Your License to Belookedat

As a Talent you own all of the content, feedback, and personal information you provide to us in your profile, but you also grant us a non-exclusive license to it. We'll honor the choices you make about who gets to see your information and content. We will only show your profile if you enable it to be seen and we will only share your personal contact information if you agree to do so by accepting an invitation.

You agree to only provide information and content that you have the right to share, and that your Belookedat profile will at any time be truthful

As between you and Belookedat, you own the content and information that you submit on your profile and you are only granting Belookedat the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2. We will not include your content in advertisements for the services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information.
3. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions or other feedback regarding our Services to Belookedat, you agree that Belookedat can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Belookedat may be required by law to remove certain information or content in certain countries.

Also, certain country’s legislation may limit your rights to access talents and/or job opportunities. It is always your own legal obligation to provide the documents legally expected from you in such countries be it for the initial publication of information, the interview process or even the hiring itself. You are responsible to ensure proper work permits and to follow local law where applicable. Belookedat may restrict the access to some countries based on this.

Belookedat only ensures that recruiters and talents find themselves. There is no guarantee by Belookedat to either user of our service that there will be a contractual work agreement resulting from the use of our services. Belookedat does not facilitate the hiring process in excess of identifying potentially matching candidates and making those visible to recruiters. Belookedat does not accept any liability for the resulting relationship to be successful.

Belookedat is not liable for the truthfulness of data provided via our service. We will always thrive to ensure the highest level of trustability while we can not verify every single entry and we must rely on our users to be truthful. By using our services you take this risk and you accept that Belookedat is not liable to you

3.2. Service Availability

We may change or discontinue any of our Services. We can't promise to store or keep showing all information maintained in your profile.

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

Belookedat is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Section 3.1 of our Privacy Policy

3.3. Other Content, Sites and apps

When you see or use others' content and information posted on our Services, it's at your own risk.

Third parties may offer their own products and services through Belookedat, and we aren't responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Belookedat generally does not review content provided by our Members.

You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Belookedat account, that app or site can access information on Belookedat related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Belookedat is not responsible for these other sites and apps – you use these at your own risk. Please see also Sections 2.6 and 2.7 of the Privacy Policy.

3.4. Limits

We have the right to limit how you connect and interact on our Services.

We're providing you notice about our intellectual property rights.

Belookedat reserves the right to limit your use of the Services, including the number of search appearances and your ability to respond to job invites. Belookedat reserves the right to restrict, suspend, or terminate your account if Belookedat believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).

Belookedat reserves all of its intellectual property rights in the Services. For example, Belookedat logos and trademarks, service marks, graphics, and logos used in connection with Belookedat are trademarks or registered trademarks of Belookedat. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, BELOOKEDAT (AND THOSE THAT BELOOKEDAT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BELOOKEDAT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), BELOOKEDAT (AND THOSE THAT BELOOKEDAT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF BELOOKEDAT (AND THOSE THAT BELOOKEDAT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWICE THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A GIVEN SERVICE, IF ANY, OR (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BELOOKEDAT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BELOOKEDAT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Agreement anytime we want.

Belookedat or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

• Our rights to use and disclose your feedback;
• Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
• Sections 4, 6 and 7 of this Agreement;
• Any amounts owed by either party prior to termination remain owed after termination.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in Basel courts, applying Swiss law.

You agree that the laws of Switzerland excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Switzerland, and we each agree to personal jurisdiction in those courts.

7. General Terms

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services

If we don't act to enforce a breach of this Agreement, that does not mean that Belookedat has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Belookedat may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Belookedat “DOs” and “DON’Ts.”

8.1. Dos. You agree that you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
• Use your real name on your profile;
• Use the Services in a professional manner.
• Provide only truthful information

8.2. Don'ts. You agree that you will not:

• Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
• Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Belookedat);
• Use an image that is not your likeness or a head-shot photo for your profile;
• Create a false identity on Belookedat
• Misrepresent your current or previous positions and qualifications;
• Misrepresent your affiliations with a person or entity, past or present;
• Misrepresent your identity, including but not limited to the use of a pseudonym;
• Create a Member profile for anyone other than yourself (a real person);
• Use or attempt to use another's account;
• Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
• Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
• Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Violate the intellectual property or other rights of Belookedat, including, without limitation, using the word “Belookedat” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
• Post anything that contains software viruses, worms, or any other harmful code;
• Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
• Create profiles or provide content that promotes escort services or prostitution.
• Creating or operate a pyramid scheme, fraud or other similar practice;
• Copy or use the information, content or data on Belookedat in connection with a competitive service (as determined by Belookedat);
• Copy, modify or create derivative works of Belookedat, the Services or any related technology (except as expressly authorized by Belookedat);
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
• Imply or state that you are affiliated with or endorsed by Belookedat without our express consent (e.g., representing yourself as an accredited Belookedat trainer);
• Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
• Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
• Remove, cover or obscure any advertisement included on the Services;
• Collect, use, copy, or transfer any information obtained from Belookedat without the consent of Belookedat;
• Share or disclose information of others without their express consent;
• Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
• Access the Services except through the interfaces expressly provided by Belookedat, such as its mobile applications and belookedat.com;
• Override any security feature of the Services;
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

Any infringement of the terms of this article allows Belookedat to terminate our agreement with you, close your access, delete all data belonging to you and potentially pursuing you for reparation of damage has been created to Belookedat or its members.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.

We also expect all information to be truthful and in line with cultural, moral, religious and legal expectations and rules. Belookedat is not liable for any infringement to this expectation and Belookedat has the right to delete information that is not in line with this article.

10. How To Contact Us

If you want to send us notices or service of process, please contact us :
ONLINE at : dziegler@belookedat.com
OR BY MAIL at : Belookedat GmbH, Aeschenvorstadt 71, 4051 Basel, Switzerland