Exparang

For Members

These Terms of Use (the “Agreement”) govern and apply to your use of our platform called “Exparang” (the “Platform”), available at the website www.exparang.com including any sub-domains (the “Website”). Please read the Agreement carefully before using the Platform. The Platform and the Website are provided by Exparang AB, a Swedish company with Business-ID 559139-0470 (“we”, “us” and “our”). You are referred to as a “Professional” or “you” in this Agreement.

General
1. By using the Platform through the Website, you confirm that:
  1. you have read and understood the Agreement;
  2. you are agreeing to enter into a legally binding contract with us;
  3. you are at least 18 years of age and have the authority to enter into a legally binding contract with us
  4. you shall be bound by the Agreement. If you do not accept the Agreement, do not proceed with creating a user account.
2. When using the Platform through the Website, you will receive a non-exclusive, non-transferable and revocable license to use the Platform and the Website in accordance with the Agreement. Any use of the Platform or the Website other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will automatically terminate the license granted herein
Term and Termination
1. The Agreement applies from the date you create an Account (as defined below) and until further notice. You may at any time terminate the Agreement by deleting your Account without prior notice. Please note that any uploaded material or posted content will be lost if your Account is deleted, regardless of the reason for deletion. We therefore advise you to keep a back-up copy of any material you upload or content you post on the Platform.
2. We reserve the right to modify, limit, suspend or terminate your use of the Platform and/or the Website, in accordance with the terms of this Agreement.
3. Any license granted to you will immediately cease upon termination.
4. Notwithstanding anything to the contrary in this Agreement, Sections 9, 11, 13 and 18 of the Agreement shall survive termination.
User Account
1. To be able to use the Platform, you must create a user account (“Account”).
2. You undertake to state correct and complete information when registering the Account, and to keep the information updated.
3. You are solely responsible and liable for all access to, and all actions and activities conducted under your Account and shall immediately inform us about any unauthorized use of or access to your Account. You therefore agree to keep the password to your Account confidential and secure in order to prevent unauthorized access to your Account.
4. We reserve the right to suspend or terminate your Account in accordance with the terms of this Agreement at our sole discretion, without incurring any liability in cases of your breach of the Agreement, including but not limited to inappropriate use of the Platform.
Versions of the Platform and Fees
1. The Platform is free to use for Professionals. However, we may introduce a fee for the Platform or any part thereof in the future. All such price increases will be made in accordance with Section 16 below.
Use of the Platform
1. You may only use the Platform for its intended purposes, i.e. to connect you with potential employers/clients (“Employers”).
2. You represent and warrant that:
  1. you will comply with all applicable laws and regulatory requirements when using the Platform;
  2. you will only have one (1) Account;
  3. you will use the Platform solely for your own purpose;
  4. you will not mislead your identity or create a false identity through the Platform; and
  5. that all information submitted by you is correct and not misleading.
3. You agree that you will not use the Service for posting, transmitting or otherwise distributing illegal or improper material, such as obscene, pornographic, racist, terrorist or politically slanted material.
4. You agree to ensure that you will not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Platform and/or the Website or other Professionals in any way; and not use programming codes or commands when communicating in the Platform.
Content
1. You may upload and post content through the Platform. You will at all times remain responsible for content that is uploaded or posted under your Account.
2. By uploading content to the Platform, you warrant that you are entitled to upload and post the content and that your uploading/posting does not violate applicable law.
3. If you publish content which we, in our sole discretion, find indecent, abusive or offensive, we may delete such content and terminate your Account.
4. Please note that any uploaded material or posted content will be lost if your Account is deleted, regardless of the reason for deletion. We therefore advise you to keep a back-up copy of any material you upload or content you post on the Platform.
Use of Aggregated Data and Content
1. We maintain the right to use the content published by you in the Platform (as described in Section 6) and data derived from your use of the Platform, in an anonymized, consolidated and aggregated manner to improve, develop and modify the Platform and to market our services.
Personal Data
1. We collect and process the personal data that you provide to us (e.g. when you register your Account). For further information on how and for which purposes we process and use your personal data as a data controller, please see our Privacy Notice for Members.
2. You confirm that you will not provide any special categories of personal data (as defined in Article 9 of the GDPR) when using the Platform or the Website.
3. If you choose to reveal your identity to an Employer, the Employer becomes a separate data controller for the information that the Employer collects from you. Therefore, please read the relevant Employers’ privacy policies for more information on how they will process your personal data.
Intellectual Property Rights
1. Any information, software, data or other materials developed or provided by us or our licensors used by us to provide the Platform and the Website, including without limitation all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain the sole and exclusive property of us or our licensors.
2. Unless explicitly allowed to do so by prior written permission from us, you agree not to sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of the Platform or the Website.
3. The Platform and the Website may contain content provided by a third party. Such content may be protected by copyright, trademark or another right covered by law. You agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any such content you access.
Third Party Services and Links
1. The Platform and the Website may from time to time use and integrate with third party services or websites. You agree that we do not have any control over, or assume any responsibility for, such third-party services or websites with regard to, for example, their functionality, handling of data or any contractual relations between you and such third party.
2. Third party services or websites might discontinue integration, or not support the use of the Platform or the Website in connection with their services or products and/or might charge additional fees for the use of the functions you access. You agree that you are fully responsible for such fees and that we do not assume any responsibilities or liabilities in relation to such third-party services or websites or regarding the Platform’s or the Website’s possibility to integrate with such third-party services or websites.
Representation and Warranties
1. The Platform and the Website are provided, to the extent allowed by law, “as is” and “as available” without any representations or warranties of any kind, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.
2. We do not leave any warranties, whether expressed or implied, that the Platform or the Website will
  1. meet your requirements or expectations;
  2. be available on an uninterrupted, secure or error-free basis; or
  3. not cause any latency or processing delays.
3. We do not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through the Platform or the Website. No information, whether oral or written, will create any warranty or representation not expressly made herein.
4. Your use of the Platform and/or the Website is at your own risk and account. Through your use thereof, to the extent allowed under law, you waive all rights to claim damages as result of your use or our failure to provide the Platform or the Website in a satisfying manner.
5. The foregoing exclusions and disclaimers are an essential part of the Agreement and form a basis enabling us to offer the Platform and the Website to you. The laws of certain jurisdictions do not allow exclusion or limitation of certain warranties and/or damages. If those laws apply to you, some or all of the above disclaimers may not apply to you in full and you may have additional rights which will then prevail.
Provision and Availability of the Platform and Website
1. We may at any time update, change, modify or withdraw the Platform or the Website as a whole or part thereof, including specific properties, in accordance with this Agreement without incurring any liability and without obtaining your prior consent.
2. All new functionalities, features or services introduced to the Platform will be subject to the Agreement. We will make our best effort to keep the Platform operational and fully functional during the updates.
3. Notwithstanding the above, we always have the right to immediately suspend or restrict access to the Platform and the Website, if the Platform harms or risks to harm us or other parties. In such cases, we shall promptly notify you that access to the Platform and/or the Website has been suspended or restricted in any respect.
4. We reserve the right to directly limit the use of or access to the Platform and to block or restrict your access to the Platform, at any time, for any reason and without prior notice or liability, if such use or access constitutes or may constitute a violation of the Agreement in general or of any applicable local or international laws, rules or regulations or a risk of harming our trademarks, goodwill or reputation.
Limitation of Liability and Indemnification
1. We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or the Website.
2. To the extent possible by applicable law, we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our third party application providers have been advised of the possibility of such damages), resulting from
  1. the use or inability to use the Platform or the Website;
  2. the cost of getting substitute services resulting from any data, information or services obtained or messages received, or transactions entered into through or from the Platform or the Website;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of anyone in connection with the use of the Platform or the Website; or
  5. any other matter relating to the Platform or the Website.
3. You are aware that the Platform is merely a service for Employers and Professionals to connect. We accept no responsibility whatsoever for the contact between you and the Employers, whether such contact is made through or outside of the Platform, as all contact and communication between you and the Employers are made at your own responsibility and risk. You are therefore aware that we are not responsible for any information that you and the Employers exchange or any business or employment relationships or disputes that may arise between you and the Employers.
4. You agree to defend, indemnify, and hold us and our affiliates, assignees, officers, employees and agents harmless from all liabilities, claims and expenses, including but not limited to, legal costs and attorneys’ fees, that are caused or can be related to your misuse of the Platform or the Website, other violation of the Agreement, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
Force Majeure
1. We shall be relieved from any liability for any delay or failure to perform any obligation under the Agreement during such period and to the extent that the due performance therefore is prevented by reason of any circumstance beyond the reasonable control of us, such as, but not limited to, strike, employment disputes, illness, epidemics, pandemics, storm, heavy lightning, flood, fire, war, riot, defects in energy supply, telecommunications, data communication or other communications, delayed delivery from subcontractor or due to any other circumstances that could not be reasonably expected at the time entering into the Agreement.
Miscellaneous
1. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidity or unenforceability in order for the Agreement to otherwise remain in full force, effect and enforceability.
2. This Agreement constitutes the entire agreement between the Professional and us with respect to the subject matter hereof, and supersedes all prior agreements, proposals, undertakings, and other representations and communications between the parties.
Changes and Transfer
1. We may, from time to time, update the Agreement and the newest applicable version will be posted on the Website.
2. Changes shall become effective once made available on the Website. If we consider the changes to be material, we shall notify you either with a notice through the Platform or with a notice to the e-mail address registered under your Account at least thirty (30) calendar days prior to such changes taking effect. For the avoidance of doubt, price increases shall always be deemed as material changes and shall be notified via e-mail at least thirty (30) calendar days prior to such price increase coming into effect.
3. By continuing to use the Platform after the changes became effective, you are consenting to the changes made in the Agreement. If you don’t consent to the changes, you must stop using the Platform by deleting your Account.
4. We reserve the right to transfer our rights and obligations under the Agreement to a third party.
5. You may not transfer any rights or obligations in the Agreement to a third party without our prior written consent.
Contact
1. You may always contact us if you have any questions or thoughts about the Platform by using the contact information provided on the Website.
2. You accept that we may contact you by sending a notice either to the e-mail address registered under your Account; or through the Platform. You are therefore responsible to provide us with a valid e-mail address by updating your Account.
Governing Law and Dispute Resolution
1. The Agreement shall be construed in accordance with and governed by the substantive law of Sweden.
2. Any dispute, controversy or claim arising out of or in connection with your use of the Platform and/or the Website, or with the Agreement, or the breach, termination or invalidity thereof, shall be settled by public Swedish courts, with Stockholm District Court as first instance.