Terms of Use

Effective February 1st, 2020

Our Privacy Policy has been updated.

 

UGO is a social job referral platform that is designed to help people and companies connect with each other for their mutual benefits. UGO is a hiring web application combined with a social networking platform. It is designed to help companies increase their employee referrals by making it easy and engaging for employees to refer fitting talents in their social and professional networks, and it is designed to help candidates find their ideal jobs.

The hiring solution allows open positions to be matched automatically to the networks of participating employees. The social networking platform allows brands and employees to share content such as job opportunities across personal channels and social media to foster valuable interactions with potential candidates. UGO also allows candidates to explore job opportunities in their networks and reach out to participating employees proactively.

UGO’s mission is to provide its users with an innovative platform, bringing together recruiters, employees, passive candidates and job seekers for their mutual benefit, in a dynamic of trust and confidentiality. Its aim is to create a circular dynamic where companies, employers and candidates are advised on recruitment or career opportunities by their own employees or network connections.

 

 Definitions

 

  • “Ambassador” means any User having linked his user account to a Client account and using the Services for its own account in particular for proposing job opportunities from this Client to his network ;
  • “Client” means any professional or business that has subscribed to the Premium Services according our Terms of Use to enable specific features for other Users to use the Services as Recruiters or Ambassadors by linking their accounts ;
  • “Candidate” means any User using the Services for networking or job search or any individual being invited to use the Services, and that has not linked his personal account to a Client account and who has not subscribed to the Premium Services ;
  • “Platform” means the websites “ugonetworking.com”, “ugonetworking.be”, any UGO-branded web and mobiles apps and all other UGO-related sites or apps ;
  • “Premium Services” means the part of the Services reserved for Recruiters and Ambassadors of a Client having purchased a paid subscription according our Terms of Purchase ;
  • “Recruiter” means any User having linked his user account to a Client account and using the Services on behalf and with the authorization of such Client to optimize the recruitment services of this latter ;
  • “Services” means all services provided by UGO to You through the use of the Platform ;
  • “Terms of Use” means the present terms of use, including UGO privacy policy (accessible here), cookie policy (accessible here) and terms of purchase as well as any other document mentioned therein, which are an integral part of it ;
  • “UGO” (or “Us”, “We”, “Our”) means SAJECO SPRL having its headquarters located at 3090 Overijse (Belgium), Avenue Jef Lambeaux/Jef Lambeauxlaan n°3, registered at the Belgian company database under the number 0841.675.730 ;
  • “User” (or “You”, “Your”) or “Member” means any individual or legal entity using the Services.

 

1.   Acceptance of present Terms of Use

 

When You use or subscribe to our Services You agree on Your own behalf or on behalf of the legal entity You represent to all of these present Terms of Use without any reserve.

If You are acting on behalf of a company or any other legal entity, You certify that You have the necessary authorizations and authority to bind that company or legal entity to the present Terms of Use.

By accepting these Terms of Use, You also certify that You are of legal age or have the required legal authorizations to use the Services according to the law of Your own country and that You are at least 16 years old.

 

2.   Changes

 

We may modify present Terms of Use and features of the Services from time to time. If We make changes to it, We will provide You notice through our Services, or by other means, to provide You the opportunity to review the changes before they become effective.

Your continued use of our Services after We publish or send a notice about our changes to these terms means that You are consenting to the updated Terms or new features as of their effective date.

If You object to any changes, You may close Your account according article 8.

 

3.   Services

 

3.1.             Scope of the provided Services

 

Before accepting these Terms of Use, You acknowledge that You have been sufficiently informed of the scope of the Services and their characteristics. All information about the Platform and our Services are available on Our website. If You have any questions, do not hesitate to contact Us via the form provided on our website.

You further acknowledge that access to some functionalities of the Services may depend on the subscription to Premium Services and/or on your User status: Recruiter, Ambassador, or Candidate.

The proper execution of the Platform and of the Services may also depend on the characteristics of Your IT infrastructure, the device you are using and Your Internet connection, as well as the occurrence of incidents and need of maintenance.

We carry out, to the extent possible, any technical intervention to enable the continuity of the Services and deploy all necessary measures to resolve incidents affecting the Services, insofar as the resolution of such incidents depends on Us.

We reserve the right to temporarily suspend the Services and cannot, in this case, be held liable for any damages You may suffer if the Services are temporarily unavailable due to maintenance or incidents resolution operations.

 

3.2.             Socioeconomic opportunities

 

Our Services allow our Clients to find, attract and hire people via employee referrals made by their Ambassadors. Our Services allow our Users to explore, evaluate, and be found for social and business opportunities (e.g., refer a friend or find a career opportunity). Members can share their socioeconomical interests and other information with people in their network. We may use automated systems to provide content and recommendations to help make Our Services more relevant to our Members and Customers. Keeping Your profile accurate and up-to-date will help you better connect to others and to opportunities through Our Services.

 

3.3.             Stay Connected

 

Our Services allow You to “connect” with others who you choose, and who also wish to “connect” with You. We may also suggest networking connections to You that You can follow or dismiss. Once Users are connected they will be able to interact, share and access content such as profile and user type information, in order to make Our Services more relevant to them.

We may send invitation reminders to the person You invited when practicable (e.g., when you shared your contact’s email to Us).

We use data about Our Users’ data, such as professional titles and job listings, to help our Users find each other, connect with each other, and to make suggestions to Our Users.

 

3.4.             Stay Informed

 

Our Services allow You to stay informed about socioeconomic opportunities in Your network. We use the data We have about You (e.g., data you provide, data We collect from your engagement with our Services and inferences We make from the data We have about you), to personalize our Services for You, such as by recommending or ranking relevant opportunities on our Services.

 

3.5.             Premium Services

 

According to article 3, You agree that the access to Premium Services may be subject to an additional paid subscription.

In addition to the basic features allowing Users to connect with each other, the Premium Services allow Clients to enable specific features in the accounts of their Recruiters and Ambassadors that are designed towards attracting, finding and hiring Candidates in their networks, such as :

  • Recruiters can create, edit and manage their job listings ;
  • Jobs listings are matched to the network of Ambassadors ;
  • Ambassadors are notified of their referral opportunities ;
  • Ambassadors can share job opportunities on social media.

In the event of the acquisition of Premium Services, the Customer shall ensure that it has obtained the agreement of other Users to appoint them as Recruiter or Ambassador.

All terms and conditions of purchase and reimbursement of Premium Services are subject to the terms of purchase of UGO.

 

3.6.             Changes of the Services

 

We reserve the right to modify the Services and the Platform according to our needs and the applicable legal requirements, for example, by adding or removing features, or changing the prices of the Services.

The modification of the Services may result in their suspension, for which We cannot be held liable under any circumstances, in accordance with article 4.1.

These changes will be considered as accepted, as long as you continue to use Our Services.

 

 

4.   Your obligations and responsibilities

 

4.1.             Security

 

You undertake to maintain the confidentiality of Your login and password and use them under Your own responsibility. You furthermore undertake not to share them with any third party and notify Us of any unauthorized or suspicious use.

In the event of unauthorized access or suspicion of unauthorized access to Your account, UGO reserves the right to block access to Your account until Your identity has been confirmed, if necessary by contacting You and asking You to renew Your password. You thus agree that access to your account may be suspended temporarily for this purpose.

Under no circumstances shall we be held responsible for any damage caused to You, the legal entity on whose behalf You are acting or to a third party as a result of the use of the fraudulent use of Your login and password which could not be attributable to UGO or if Your account is blocked following several potentially fraudulent access attempts.

 

4.2.             Content

 

You acknowledge that You are solely responsible for the content that You decide to publish, store, or transmit on or via the Platform and that each User is responsible for the information it publishes, transmits or, stores or communicates via the Platform (e.g., job description or curriculum vitae).

UGO has no general obligation to monitor the lawfulness of the information transiting via the Platform and therefore cannot be held liable in any way for illegal, offensive, injurious or calumnious content and therefore disclaims any liability that may arise from the existence of such content.

However, You are free to point out the presence of content that may infringe present Terms of Use or the Rights of Third Parties. In this case, after verification of such content, We will use our best effort to remove such content if We believe it to be in conflict with these Terms of Use.

Your use of others’ content, products, and information posted on our Services, is at Your own risk. You undertake to check the validity and correctness of the information and data hosted by the platform Yourself before using or relying on it. We provide no guarantee as to the adequacy and correctness of the data and information hosted on the Platform (e.g., job descriptions and CVs adequacy and correctness).

You guarantee that You are the owner or have the necessary rights or authorizations for all the information that You publish (e.g., job descriptions and CVs), store or transfer on or via the Platform (e.g., job descriptions and CVs). In addition, when You share information on our Platform, You accept that others can see, copy, comment and reuse such information (e.g., Recruiters posting job openings that will be shared on social media by their Ambassadors).

UGO reserves the right to remove any content, information or data that may infringe the rights of third parties and or present Terms of Use. At no time should UGO be considered to be under any obligation to publish the content that You offer, for example if such content is listed as illegal, without any prior notice to You.

 

4.3.             Networking

 

As a User You agree that other users may contact You on (e.g., connection requests) and off (e.g., social sharing of job opportunities on Facebook or LinkedIn) our services. to send You messages, job offers and to share other content with You.

As a User, You agree that other Users may share Your data on Your behalf, such as when Recruiters trust their Ambassadors to share their vacancies to their networks or such as Candidate CVs shared with Ambassadors for review to the attention of their Recruiters .

If You apply for a job through our Services, we default to sharing this information only with the Users of Your choosing i.e., the Ambassador recommending You internally and his Recruiting team.

If you refer a Candidate who is not registered on our Platform by entering his email address, You ensure that this person has agreed to be contacted for this purpose.

 

 

5.   Intellectual property rights

 

5.1.             Your License to UGO

 

You grant Us with a free of charge, transferable, sublicensable, worldwide, and non-exclusive license on the intellectual property rights relating to the content, data and information You publish, share or store on the Platform while using the Services.

Such license shall allow Us to 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, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems ;
  2. We will get Your consent if We want to give others the right to publish Your content beyond the Services ;
  3. While We may edit and make format changes to Your content (such as modifying the size or layout), We will not modify the meaning of Your expression ;
  4. Because You own Your content and information and We only have non-exclusive rights to it, You may choose to make it available to others.

 

5.2.             Limits

 

UGO reserves the right to limit Your use of the Services and access to the Platform, including the number of Your connections and Your ability to contact other Members if :

  • You behave in a way that may infringe on the rights of third parties;
  • You use the Platform or the Services to publish, share or communicate illegal content or to commit offences ;
  • You have breached these Terms of Use including article 12 “Dos and Don’ts” ;
  • You attempt to breach the security measures applicable to the Services and the Platform.

 

5.3.             Intellectual Property Rights of UGO

 

Nothing in these Terms of Use shall be construed as intending to transfer the ownership or any title to any intellectual property rights on the Platform other of what is strictly necessary to use the Services.

UGO reserves all of its intellectual property rights in the Services and on the Platform. UGO, and “U” logos and other UGO trademarks, service marks, graphics and logos used for our Services are trademarks or trade name of UGO.

 

 

6.   Disclaimer and Limit of Liability

 

6.1.             No Warranty

 

UGO and its affiliates make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” basis and “as available” basis. To the fullest extent permitted under applicable law, UGO and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

 

6.2.             Exclusion of Liability

 

To the fullest extent permitted by law (and unless UGO has entered into a separate written agreement that overrides these Terms of Use), UGO, including its affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

UGO and its affiliates will not be liable to you in connection with this contract for any amount that exceeds (a) the total fees paid or payable by you to UGO for the services during the term of this contract, if any, or (b) €1000.

The limitations of liability shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if UGO or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which You may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of these Terms of Use and to the extent that they are typical in the context of these Terms of Use.

 

 

7.   Miscellaneous

 

7.1.             Entire agreement

 

All terms, conditions and warranties not stated expressly in present Terms of Use, and which would in the absence of this provision be implied into this Terms of Use by statute, common law, equity, trade, custom or usage or otherwise, are excluded to the maximum extent permitted by law, except if the Terms of Use expressly refers thereto. The User’s general terms and conditions of and payment or any other general or specific obligations are excluded.

Present Terms of Use are the only agreement between Us regarding the Services and supersedes all prior agreements for the Services and the Platform.

 

7.2.             No waiver

 

Neither failure to exercise nor any delay in exercising any right, power or remedy by Us operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding UGO granting such waiver unless it is made in writing.

You agree that the only way to provide Us legal notice is at the addresses provided in article 11.

 

7.3.             Severability

 

If any provision or part of provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use or parts thereof will not in any way be affected or impaired, and the invalid, illegal, or unenforceable provision or part thereof will be restated to reflect the original intentions of the parties as nearly as possible in accordance with the applicable law and preserving to the fullest extent possible the intent and agreements of the parties as set forth in these Terms of Use.

 

8.   Termination

 

You may terminate this contract at any time by deleting Your User account. If you purchased Premium Services, the refund is subject to our Terms of Purchase.

The following shall survive termination:

  • Our rights to use and disclose Your feedback;
  • Users’ rights to further re-share content and information You shared through the Services;
  • Articles 5, 6, 7, 9 and 10 of these Terms of Use ;
  • Any amounts owed by either party prior to termination remain owed after termination ;
  • Our right to process the data you provided us within the limits of our Privacy Policy ;

 

9.    Governing Law and Dispute Resolution

 

The action brought against the consumer by UGO will be brought before the courts of the Member State in which the consumer is domiciled. In Belgium, the court of the consumer’s domicile shall have exclusive jurisdiction.

In all other cases, the courts of Brussels shall have exclusive jurisdiction to hear any claim arising out of or in connection with these Terms of Use.

These Terms of Use shall be governed and interpreted exclusively in accordance with Belgian law.

 

10. UGO “Dos and Don’ts”

 

10.1.           Dos

 

UGO is a community of good people. This non-exhaustive list of “Dos and Don’ts limit what You can and cannot do while using our Services.

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 and present Terms of Use ;
  • Provide accurate information to Us and keep it updated ;
  • Use Your real name on Your profile ; and
  • Use the Services in a professional manner.

 

 

10.2.          Don’ts

 

You agree that You will not:

  • Create a false identity on UGO, misrepresent Your identity, create a Member profile for anyone other than Yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of UGO;
  • Disclose information that You do not have the consent to disclose (such as confidential information of others (including Your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) content of others without their permission;
  • Violate the intellectual property or other rights of UGO, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “UGO” or our logos in any business name, email, or URL;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that You are affiliated with or endorsed by UGO without our express consent (e.g., representing Yourself as an accredited UGO trainer);
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without UGO’s consent;
  • Deep-link to our Services for any purpose other than to promote Your profile or a group on our Services, without UGO’s consent ;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on 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); and/or
  • Violate any additional terms concerning a specific Service that are provided when You sign up for or start using such Service.

 

11. How To Contact Us

 

For general inquiries, You may contact us online by using the form provided for this purpose on our website. For legal notices or service of process, You may write us at this address: 3 Avenue Jef Lambeaux/Jef Lambeauxlaan, 3090 Overijse.