Terms of Service
These Terms of Service apply to all offers, services, and agreements between you and Online Talent Manager B.V. (herein referred to as “OTM”) These terms and conditions are available for download from our web site and are available on request from the Dutch Chamber of Commerce (Kamer van Koophandel).
Online Talent Manager B.V.
Claudius Prinsenlaan 126
4818 CP Breda
info@onlinetalentmanager.com
KvK : 20115592
VAT : 8106.28.636.B.01
- The following terms and conditions govern all use of all content, services and products available at or through the website, including, but not limited to, onlinetalentmanager.com, onlinetalentmanager.nl, octogram.net, otm-review.com, and recruitadvice.com (taken together, the Website). The Website is owned and operated by Online Talent Manager B.V. (“OTM”), a psychometric test developer and publisher based in Breda, The Netherlands. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OTM’s Privacy Policy) and procedures that may be published from time to time on this Site by Online Talent Manager (collectively, the “Agreement”).
This agreement covers all of the online activities of OTM and it’s properties. - Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Using an OTM product means that you agree to these terms. - Intellectual property. This Agreement does not transfer from OTM to you any OTM or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OTM. All other trademarks, service marks, graphics and logos used in connection with OTM and the Website are trademarks or registered trademarks of OTM or OTM’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OTM or third-party trademarks.
The stuff on the screen that belongs to OTM is OTM’s and not yours - Changes. OTM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OTM may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We will change or add things to the site and you need to pay attention - Limitation of Liability. In no event will OTM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OTM under this agreement during the twelve (12) month period prior to the cause of action. You are responsible for providing adequate protection for your equipment when using the Website and will not make a claim against OTM for any losses resulting from the use of the Website. The foregoing shall not apply to the extent prohibited by applicable law.
Despite our good intentions, sometimes things go wrong and you agree not to blame us - Disclaimer of Warranties. The Website is provided “as is”. OTM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither OTM nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
“As-is” - General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the OTM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You can’t use OTM to break the law - Indemnification. You agree to indemnify and hold harmless OTM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
If you do something wrong and get sued, you can’t pass the buck on to OTM - Applicable law This Agreement and the legal relationship between you and OTM shall be governed by Dutch Law. In the case of disputes concerning the interpretation or execution of this Agreement, we will attempt to work toward a mutually agreed settlement. If this fails we will work together with a mediator registered with the Nederlands Mediation Institute (N.M.I.) Foundation in order to resolve the dispute. If it proves impossible to reach a settlement through mediation, the dispute will be settled by a competent court in Breda, The Netherlands.
We are a Dutch company and you agree that any disagreements will be handled under Dutch mediation and law - General If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If any single part of this agreement doesn’t work, it doesn’t invalidate the rest of it.