Select Academy Terms uf Use
Introduction
HFBG Holding B.V. (HeadFirst) grants certain professionals access to Select Academy. To gain access to it, you must use the (paid) premium, excellent, advanced or complete services provided by HeadFirst and/or its affiliates. You may also use Select Academy if your supplier has made arrangements with us in that regard.
If you have access to Select Academy, you can use an online knowledge subscription. This is a collection of digital educational resources such as courses and training you can attend online, as well as documents such as e-books and exams. If you have been put on an assignment, you will automatically have access to an online knowledge subscription, without additional costs.
These Terms of Use apply to all professionals using Select Academy. We advise you to read these Terms of Use carefully so that you know your rights and obligations when using Select Academy.
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Article 1 – Definitions and Interpretation
1.1. The following definitions apply:
Account: The personal account that gives Users access to the Services.
Active Assignment: A contract for services between an Independent Professional or Supplier and a Group Member (i) pursuant to which the Professional referred to in the contract for services will provide services to a client of the Group Member and (ii) which states that the Group Member’s premium, excellent, advanced or complete services are being used.
Content: All content made available to the User through Select Academy, including but not limited to the Digital Educational Resources, know-how, documents, texts and the Service’s layout and ‘look and feel’.
Service(s): HeadFirst granting the User access to Select Academy and offering the Online Knowledge Subscriptions, Content and functionalities available in it.
Digital Educational Resources: All digital educational resources offered within the Select Academy environment, such as e-learning, training courses, live labs, exams (including mock exams), instruction videos, e-books, audiobooks and online expert sessions.
User(s): Independent Professionals and Professionals who have access to the Services.
Terms of Use: These Terms of Use governing the Services.
Group Members: HeadFirst B.V., Source Automation B.V, Myler B.V., Jenrick Nederland B.V., Between Staffing Nederland, Fast Flex B.V., Fast Flex Sourcing B.V., Staffing Management Services B.V. and EXPR B.V.
HeadFirst: HFBG Holding B.V., with its registered office at Westwalstraat 17-B, (1411 PC) Naarden, the Netherlands, Chamber of Commerce number 80349269.
Log-in Details: The User’s username and password for the Account.
IP Rights: All intellectual property rights and associated rights, anywhere in the world, including patent rights, copyrights, related rights, trade mark rights, design rights, database rights, performance on a par with patentable inventions (eenlijnsprestaties) and rights to know-how.
Supplier: A legal entity having one or more Active Assignments under which it deploys a Professional to one or more Group Members for the purposes of providing services to Group Members’ clients.
Professional: An employee or other professional (self-employed contractor) who has concluded an employment contract or employment for services with a Supplier and who is referred to in the Active Assignment as the professional providing the services to the Group Member’s client.
Online Knowledge Subscription: A collection of Digital Educational Resources selected by or for HeadFirst and provided through Select Academy.
Educational Partners: Organisations which are not part of HeadFirst and/or its affiliates and which offer Digital Educational Resources through Select Academy that are not part of an Online Knowledge Subscription.
Select Academy: The platform www.mycademy.nl/select where Online Knowledge Subscriptions and Content are offered.
Independent Professional: An independent professional (self-employed contractor) providing services for a Group Member’s client in the context of an Active Assignment.
1.2 Wherever these Terms of Use use the terms “including”, “such as”, “inter alia” etcetera, this should not be taken to mean as excluding all else.
1.3 In these Terms of Use, the terms “written” or “in writing” also refer to email correspondence if the party drafting such correspondence is authorised to have access to its content.
1.4 For the purposes of these Terms of Use, “HeadFirst” will hereinafter also refer to the relevant Group Member with whom an Active Assignment has been agreed.
Article 2 – Applicability and amendments
2.1 These Terms of Use apply to access to and use of Select Academy and the Content provided in it as well as to the legal acts or legal relationships between the User and HeadFirst in relation to the Services.
2.2 Any general terms and conditions of the User or third parties explicitly do not apply to the Services and HeadFirst does not accept them.
2.3 HeadFirst is at all times entitled to unilaterally amend these Terms of Use. Amended Terms of Use will be made known at least thirty days before they take effect. If the User does not want to agree to the relevant amendments, they may file a written objection with HeadFirst and stop using their Account. If the User has not filed their objection before the date when the amendment(s) take(s) effect, the User will be deemed to have accepted it/them.
2.4 If and to the extent that any provision of these Terms of Use is or turns out to be or becomes invalid, void or unenforceable, that will not affect the other provisions and these Terms of Use will remain in full force and effect in all other respects.
Article 3 – Services
3.1 The Services comprise enabling the User to create an Account enabling them to gain access to Select Academy. Users with an Active Assignment have automatic access to one or more Online Knowledge Subscriptions; the relevant Digital Educational Resources are provided in Select Academy.
3.2 To use Select Academy, the User must create an Account in accordance with HeadFirst’s instructions and accept these Terms of Use.
3.3 All Services are provided on the basis of a best efforts obligation unless and to the extent that HeadFirst has expressly promised a result to the User and provided that this result has been described with sufficient specificity.
3.4 If and to the extent allowed by law, HeadFirst is at all times entitled to amend the substance and scope of the agreed Services, Online Knowledge Subscriptions and Content, for instance if it considers this appropriate or necessary for technical or commercial reasons.
3.5 HeadFirst reserves the right to amend the log-in process and/or Log-in Details if it considers this necessary for the functioning of the Services and Select Academy.
Article 4 – Licence, Access and Availability of Select Academy
4.1 Subject to the terms and conditions set out in these Terms of Use and for the duration of the Account, HeadFirst grants the User a limited, personal, revocable, non-exclusive and non-transferrable right to use the Services and Select Academy for their own personal purposes.
4.2 HeadFirst ensures that the Services and Select Academy remain available and maintains and updates Select Academy if it considers this necessary.
4.3 The availability of the Services and Select Academy does not extend to the source code of the software it is based on.
4.4 HeadFirst is authorised to take technical measures to protect the Services and Select Academy from unlawful use and/or use in any other way or for any purposes other than those agreed between the User and HeadFirst. The User may not remove or circumvent (or arrange for a third party to remove or circumvent) technical measures intended to protect the Services and Select Academy.
4.5 HeadFirst reserves the right to decide, without further explanation, not to allow a User to create an Account, or to deny or refuse a User access to all or part of Select Academy, to the extent that this is legally permitted without being obliged to pay any compensation for direct or indirect damage.
Article 5 – The User’s obligations
5.1 The User is fully responsible and liable for anything they do with or in the context of using the Services and Select Academy.
5.2 Subject to the other provisions of these Terms of Use, a User’s activities in the context of the Services – including using Select Academy and communicating in, through or in the context of the Services – should never:
- be false, based on falsehoods and/or misleading;
- be discriminatory, violent, pornographic, unlawful, hurtful or otherwise inappropriate, all of these in HeadFirst’s opinion;
- contain viruses or other programs which may damage an automated system, render it unusable or inaccessible, delete it or appropriate it, or have the object of circumventing Select Academy’s technical security measures;
- be of a commercial or promotional nature unless HeadFirst has given its prior written consent in that regard;
- be in violation of these Terms of Use, the Privacy Statement or any applicable legislation and/or regulations;
- infringe the rights of HeadFirst and/or third parties, including but not limited to IP Rights and rights pertaining to the protection of privacy;
- harm HeadFirst’s interests and good name; or
- be unlawful in any other way.
5.3 The User is responsible for the availability of the facilities needed to access the Services and Select Academy.
5.4 The User is responsible for any use (including unauthorised use) of Select Academy through their Account. The User must keep their Log-in Details confidential. The User may not share their Log-in Details with third parties, unless agreed otherwise in writing.
5.5 The User must adhere to all reasonable instructions given or requests made by HeadFirst regarding the use of the Services and Select Academy.
Article 6 – Fees and payment
6.1 For Users with Active Assignments, the costs for the Services are included in the fees the Independent Professional and/or Supplier already owes HeadFirst. HeadFirst does not charge additional costs to Independent Professionals and/or Suppliers for the Services.
Article 7 – Content
7.1 Content originating from HeadFirst and/or its service providers is made available through Select Academy. All Content is the property of HeadFirst and/or its licensors. Users are solely granted a non-exclusive right – which may not be assigned, pledged or sublicensed – to use the Content within the Select Academy environment, in accordance with these Terms of Use and solely in the manner intended by the Select Academy functionalities. Users may not make content available to the public outside Select Academy without HeadFirst’s consent.
7.2 HeadFirst endeavours to achieve and maintain a high level of the Content provided in Select Academy, but provides no guarantees and is not liable for any damage due to incorrect, incomplete, obsolete, infringing or otherwise unlawful Content. The User bears the entire risk and responsibility of their use of the Content. HeadFirst does not provide any guarantees with respect to the quality, suitability and availability of the Content in Select Academy.
7.3 Notwithstanding any of HeadFirst’s other rights, it may at any time remove all Content a User has published within the Select Academy environment, for whatever reason, e.g. if it considers that it is statutorily obliged to do so or it is required to do so under government instructions, or if the Content allegedly or actually infringes third-party rights, including IP Rights, or if the User acts in breach of these Terms of Use, provides incorrect, obsolete or misleading information, or acts fraudulently. If HeadFirst removes any Content, it will not be liable for payment of any form of damages or compensation to the User.
7.4 If a User is of the opinion that any Content in Select Academy is incorrect, incomplete, obsolete, infringes that User’s or a third party’s rights or is otherwise unlawful, the User can notify HeadFirst of this by sending an email to support@headfirst.nl. HeadFirst will deal with the notification as soon as possible and – if it is obliged to do so or if it considers it necessary – remove the relevant Content without undue delay.
Article 8 – Term and termination
8.1 These Terms of Use apply from the time that a User activates their Account.
8.2 Online Knowledge Subscriptions are valid as long as a User provides services on the basis of an Active Assignment. If this is no longer the case, the relevant Online Knowledge Subscription will lapse automatically two months after the Active Assignment has ended. If the Services referred to in Article 8.3 end, the relevant Online Knowledge Subscriptions will end automatically.
In addition to the other (legal) remedies available to HeadFirst, it is at all times entitled to suspend, terminate or close down Services or parts of them to specific Users, to temporarily or permanently delete Accounts or to issue a warning, without indicating the reasons and without prior explanation, in particular – without limitation – if:
- the relevant User violates these Terms of Use;
- HeadFirst is of the opinion that the relevant User’s acts could harm other Users, HeadFirst or third parties, or make them liable, or
- HeadFirst considers this necessary for technical or commercial reasons.
If Headfirst terminates an Account and/or the Services, it will not be liable and will not reimburse any costs.
8.4 Provisions in these Terms of Use that, by their nature, are intended to continue after the agreement ends will remain in full force and effect.
Article 9 – IP Rights
9.1 All IP Rights to the Services (including Select Academy and the Content) are vested in HeadFirst and/or its licensors. The User only acquires the rights of use that are explicitly referred to in these Terms of Use. HeadFirst holds all IP Rights to the aggregate statistical data created and/or collected through using Select Academy.
Article 10 – Personal data
10.1 HeadFirst processes Users’ personal data. HeadFirst can be classified as a controller in that regard. HeadFirst processes personal data, as explained in more detail in the Privacy Statement.
Article 11 – Liability
11.1 HeadFirst is not liable for any direct or indirect damage the User sustains, on whatever grounds. To the extent that liability cannot be excluded on the basis of the law, HeadFirst will only be liable towards the User for demonstrable direct damage attributable to HeadFirst and only if the User has sent HeadFirst a registered and sufficiently detailed letter of default, without delay (and no later than one month after the defect has been identified), granting HeadFirst a reasonable period of at least thirty days to perform its obligations properly.
11.2 HeadFirst is never liable for indirect damage, consequential damage or damage caused by loss of revenue or profit, loss of goodwill, loss of savings, damage caused by delay, business interruption, damage caused by the destruction or loss of data or documents, damage resulting from claims of the User’s customers, damage due to breach of time limits resulting from altered circumstances, damage due to HeadFirst giving advice or information that does not explicitly come under the Services, and damage related to the use of third-party goods, materials or software which the User has instructed HeadFirst to use.
11.3 The exclusions and limitations of liability in this article apply in full to HeadFirst’s directors, management, employees, representatives and legal successors, and such persons may invoke this article directly.
Article 12 – Miscellaneous
12.1 The agreement and these Terms of Use are governed by Dutch law.
12.2 Unless the parties agree to arbitration or a binding third-party opinion, all disputes arising from or relating to the agreement will be submitted exclusively to the competent judge of the District Court of Amsterdam.
12.3 HeadFirst has the right to engage third parties to assist in providing the Services or to provide part of the Services as a subcontractor, without requiring the User’s consent. These Terms of Use also apply to all natural and legal persons HeadFirst may engage who are directly or indirectly involved in performing the Services and/or who may be in any way held liable for performance of the Services. This is an irrevocable third-party clause within the meaning of Article 6:253 of the Dutch Civil Code (DCC) that applies to third parties engaged by HeadFirst. It is deemed to have been accepted if the relevant third party has been notified of it and has not immediately rejected it.
12.4 The User may not assign the rights and obligations arising from these Terms of Use to a third party without HeadFirst’s prior written consent. HeadFirst may attach conditions to such consent. This prohibition also has a property-law effect within the meaning of Article 3:83(2) DCC.
12.5 HeadFirst is authorised to assign all or part of the rights and obligations under the agreement to a third party.
12.6 Electronic communications sent by HeadFirst are considered to have been received on the day they are sent, unless the User provides evidence to the contrary.
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