Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.cocoonapp.co website and the Cocoon mobile application (the "Service") operated by Cocoon B.V., a Limited Liability Company organized under the laws of The Netherlands, registered at Herengracht 182, 1016BR, Amsterdam, The Netherlands with registration number 62976214 ("us", "we", or "our").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to publish, link, store, share and otherwise make available certain information, text, photos, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. That means specifically that we may send your Content to Companies you have created a match with.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cocoon B.V.
Cocoon B.V. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cocoon B.V. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall Cocoon B.V., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Cocoon B.V. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Version February 2016
As a Client you have access to the Cocoon Talent Pool with the Mobile App or the Web App.
The service of Cocoon is offered over the internet by the company Cocoon B.V. A company registered in the Netherlands (COC 62976214), located at Herengracht 182, 1016 BR in Amsterdam (the Netherlands).
Deviations from these terms and conditions is possible only by means of written confirmation by Cocoon B.V..
Article 1 Definitions of terms and applicable conditions
Article 2 The agreement
Article 3 Eligibility
Article 4 Payment terms
Article 5 Liability
Article 6 Term and termination
Article 7 Applicable law and disputes
Article 8 Contact
1.1 These terms and conditions are applicable when Client has signed the Pay-per-Hire agreement of Cocoon B.V. (further referred to as Cocoon) and furthermore to all legal relationships which ensue from these agreements, as well as to all non-contractual relationships between parties, in particular wrongful act.
1.2 In these terms and conditions the following terms have the following meanings:
Client: The party who have signed up for Cocoon and as such has access to the Cocoon Talent Pool.
Cocoon Talent Pool: All candidate profiles that a Client has access to when using Cocoon.
Cocoon Match: A candidate of the Cocoon Talent Pool that you have liked, who appears to have liked you or will like you as well. You are able to have a chat with that candidate at that point and can follow-up as you like.
Mobile App: The mobile app product that has been build by Cocoon, which is available for download in the App Store and Play Store.
Web App: The browser based version that has been build by Cocoon, which is available at the web domain www.cocoonapp.co.
All the amounts referred to in these terms and conditions exclude VAT.
1.3 Clauses derogating from these terms and conditions will only apply if and insofar as these have been expressly accepted in writing by Cocoon.
1.4 Cocoon B.V. may change or add to these terms and conditions as well as any prices at any time and shall announce through the service changes or additions at least fourteen days before their taking effect. The terms at the date of having a Cocoon Match with a candidate are applicable in this.
1.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
1.6 In case specific articles in these terms are conflicting with articles in other terms of Cocoon, these terms have priority.
2.1 By using the Web App or Mobile App to access the Cocoon Talent Pool, this agreement between Cocoon and Client is established.
2.2 If the Client does not cancel The Agreement before the end of the last invoiced period by email (email@example.com), Cocoon will automatically renew The Agreement for the same period and invoice the Client accordingly.
3.1 Accessing the Cocoon Talent Pool as a Client is intended solely for persons who are 18 or older. Any use of this option by anyone under 18 is expressly prohibited. By accessing the Cocoon Talent Pool you represent and warrant that you are 18 or older.
3.2 By accessing the Cocoon Talent Pool you make sure you are authorized to make such decisions, which means authorized to pay the indebted fee. You personal are obliged and held responsible to pay the indebted fee.
4.1 Cocoon will charge the client a recurring fixed fee per month or a long term subscription fee. The fee will be invoiced by Cocoon to the Client.
4.2 Invoices must be paid within 21 calendar days after the invoice date. If this payment term is exceeded the Client will be in default by operation of law and will owe default interest at the statutory commercial interest rate that applies at that time pursuant to Book 6, Section 119a of the Dutch Civil Code (Burgerlijk Wetboek). The Client is not entitled to any set-off suspension.
4.3 If the Client fails to make payment promptly and in full the Client will be obliged to reimburse Cocoon B.V. for any and all judicial and extrajudicial costs related to collecting the claim, in which context extrajudicial costs will be equal to at least 15% of the amount overdue.
4.4 Payment made by the Client will always be applied first in respect of any and all interest and costs payable, and subsequently in respect of the invoices that have been outstanding the longest, even if when making payment the Client explicitly states that the payment relates to a later invoice.
4.5 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply by paying this fee.
5.1 Cocoon does not act as an agent and accessing the Cocoon Talent Pool only enables the Client to find and connect with candidates in the Cocoon Talent Pool.
We are not liable for, or obligated to enforce, any agreements between a Client and a Cocoon Match. You will not consider Cocoon, nor will Cocoon be construed as, a party to such agreements, whether or not Cocoon receives some form of remuneration in connection with the agreements, and Cocoon will not be liable for any costs or damages arising out of or related to such transaction.
The Client is not obligated to hire a Cocoon Match at all. Additionally, having a Cocoon Match does not constitute an offer, acceptance or binding agreement on the Client. The Cocoon Match may choose which Client, if any, he or she wishes to proceed with.
5.2 Cocoon B.V. will never be liable for direct or indirect damage which is or will be caused by a a candidate from the Cocoon Talent Pool or Client. Client is personally responsible to check if the Cocoon Match has the possibly required (work) permits and/or other requested documents in his or her possession. Cocoon B.V. will never be party in the agreement between Client and a Cocoon Match.
5.3 Cocoon B.V. is not liable for any damage, loss or delay ensuing from an attributable breach, wrongful act or on any other ground unless there has been an intentional act or omission or wilful recklessness on the part of Cocoon B.V. Cocoon B.V also is not liable for any damage, loss or delay caused by a Cocoon Match.
6.1 Cocoon B.V. may change or add to these terms and conditions as well as any prices at any time.
6.2 Cocoon B.V. shall announce through the service changes or additions at least fourteen days before their taking effect.
6.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Cocoon after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
7.1 The law of the Netherlands applies to all agreements between Client and Cocoon, also if the agreement has an international character.
7.2 All disputes – including those which are only considered as such by one of the parties involved – by reason of this agreement of agreements ensuing therefrom, between Cocoon and Client which might arise, will be settled by The Amsterdam District Court with jurisdiction.
If you have any questions about these Terms, please contact us.
Version October 2016