Introduction
Present Terms and Conditions apply for Freelance consultants and their private company (hereinafter referred to as the Consultant) that offer their consulting services via the on-line portal provided by Maptominds A/S (hereinafter referred to as Maptominds).
Use of the Maptominds portal is conditioned upon the Consultant accepting these Terms and Conditions and the following additional policies, which are hereby incorporated by reference (collectively hereinafter referred to as the Agreement):
- - Privacy Policy
- - Cookie Policy
The Freelance consultant is legally represented by the his/her private company hence there is no employment or similar relationship between the Freelance consultant and Maptominds.
Acceptance of this Agreement will be regarded as acceptance by the Consultant.
Changes and modifcations
Maptominds may change or amend the Agreement. If material changes are made, Maptominds will notify the Consultant, either through the Portal interface or via an email notification. The use of the Portal after the date such change(s) become effective will constitute consent to the changed Agreement. If the Consultant do not agree to the changes, use of the Portal must stop immediately. Otherwise the new Agreement will apply to the Consultant.
As long as the Consultants use of the Portal comply with this Agreement, Maptominds grants the Consultant a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Portal as it is intended to be used and in accordance with this Agreement and applicable laws. Maptominds grant the Consultant no other rights, implied or otherwise.
Description of the portal
Maptominds is a business to business Portal. Here Consultants can create and maintain their searchable resume (Profile) and organisations can search and find these Profiles in order to contact the right consultant needed. Organisations can build and manage their fluid workforce in a smart, transparent and flexible way.
Obligations and responsibilities
As a condition of use, and the licenses granted herein, the Consultant must agree to the following:
- - When granted access to the Portal the Consultant is required to login in order to create a password, adding Profile picture and update and approve the Profile
- - The Consultant is not allowed to share the use of or allow others to access the Profile
- - The Consultant is obligated to ensure that the availability date(s) are always correct
- - It is the responsibility of the Consultant to ensure that the Profile content/information is correct, valid and updated at all times
- - The Consultant must ensure that any uploaded files or data do not contain contact information such as email, phone number or skype. This to protect the Consultant from un expect contacts from a potential new customer and to ensure the integrity of the Maptominds processes.
- - The Consultant is entirely responsible for maintaining the confidentiality of the Profile information, including password, and for any and all activity that occurs under the Profile
- - Maptominds must be notify immediately by the Consultant in case of any unauthorized use of the Profile or password, or in case of any other breach of security
- - The Consultant must not use the Portal to harass, threaten, impersonate, or intimidate anyone
- - The Consultant must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
- - The Consultant must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. Also, the Consultant must comply with all intellectual property and other laws applicable to the use of the Portal.
- - The Consultant must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation
- - The Consultant must not transmit any worms or viruses or any code of a destructive nature
- - The Consultant must not violate any laws applicable to the use of the Portal (including but not limited to intellectual property laws)
- - The Consultant must not use the Portal for any illegal or unauthorized purpose. Any use of the Portal must agree to and comply with all local laws regarding online conduct and acceptable content.
- - The Consultant must not use the Portal, or any Profile created using the Portal, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Maptominds for the topic and/or creator of the Profile
Profile content and options
The Consultant can make use of the Portal to display or edit the Consultants own Profile. The Profile consist of a header section where contact info can be maintained. A main section consists of a number of categories where meta data can be maintained and lastly a text section for motivation and project experience that also includes the option of uploading the Consultants own resume preferable in pdf format but word format is also acceptable.
The Profile will be searchable at all time and can be found and viewed by all Maptominds’ Search subscription customers and their users as well as employees at Maptominds.
The Consultant can delete the Profile by writing to Maptominds or by revoking the accept of Maptominds Privacy policy under personal settings. Under personal settings it is also possible to:
- - Maintain company data
- - Change Privacy policy settings
- - Change notification settings
Intellectual property, infringement and warranties
When the Consultant upload Profile content on or through the Portal, the Consultant represent and warrant that, with respect to all Profile content that the Consultant upload, transmit, publish and disseminate through the Portal, (a) the Consultant have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such Profile content in connection with the Portal (and to grant to Maptominds the licenses set forth in this Agreement); (b) the Profile content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) the Consultant have the consent, release, and/or permission of each identifiable person depicted in Profile content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Portal.
Termination
The Consultant agree that Maptominds, at its sole discretion and without prior notice, delete the Profile, terminate the access to the Portal, and/or block future access to the Portal. By way of example, but not by way of limitation, Maptominds may terminate the Consultants Profile if it is determine that the Consultant have violated this Agreement or other agreements or guidelines that may be associated with the Consultants use of the Portal.
Please note that it is Maptominds’ policy to terminate Profiles belonging to Consultants who repeatedly violate the intellectual property rights of third parties.
If Maptominds takes any legal action against the Consultant as a result of a breach of this Agreement, Maptominds will be entitled to recover from the Consultant, and the Consultant agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Maptominds.
Disclaimer of warranties
While Maptominds strives to at all times to make Profiles available through the Portal, Maptominds does not guarantee 24/7 access to the Consultants Profile. For example, if Profile information violates the Agreement, access to it may be disabled. The Consultant agree that Maptominds will not be liable to the Consultant or to any third party for termination of the Consultants access to the Portal for any reason.
The Consultant expressly understand and agree that the use of the Portal is at the Consultants sole risk. The Portal is provided on an “as is” and “as available” basis. Maptominds and its subsidiaries, directors, officers, employees, stockholders, and licensors (the Maptominds affiliates) expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance.
Maptominds and the Maptominds affiliates make no warranty that (a) the Portal will meet the Consultants requirements; (b) the Portal will be uninterrupted, timely, secure, or error-free; (c) Profile content will be hosted and/or transmitted without interruption or cessation; (d) any products, sites, information, or other material, whether in tangible or intangible form obtained by you through the Portal will meet your expectations or any standard of quality; and (e) any defects in the operation or functionality of the Portal or related software will be corrected.
Any material, information, or data downloaded or otherwise obtained through the use of the Portal is accessed at the Consultants own discretion and risk, and the Consultant will be at sole responsible for any damage to computer system and/or loss of data that result from the download of such material. No advice, representation or information, whether oral or written, obtained by the Consultant from Maptominds, the Maptominds affiliates, or through the Portal shall create any warranty not expressly stated in the agreement.
Limitation of liability
The Consultant expressly understand and agree that Maptominds and the Maptominds affiliates will not be liable to the Consultant for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by the Consultant, however caused. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of procurement of substitute goods or services; or any other intangible losses. This also includes, without limitation, any loss or damages that may be incurred by the Consultant as a result of (a) any changes that Maptominds may make to the Portal; (b) any permanent or temporary cessation of the Portal; (c) the deletion or corruption of or failure to store any content or other property maintained through the Portal; or (d) the Consultants failure to keep password or account details secure.
The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if Maptominds (or Maptominds affiliates) have been advised of the possibility of such damages.
To the extent permitted by law, the total liability of Maptominds, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount paid to Maptominds by the Consultant for the use the Portal (or, if Maptominds choose, to supplying the Consultant the Portal and services again).
The Consultant specifically acknowledge that Maptominds and the Maptominds affiliates shall not be liable for Profile content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the Consultant.
Exclusions and Limitations
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in the Consultants jurisdiction will apply to the Consultant and, in such instances, Maptominds and/or the Maptominds affiliates’ liability will be limited to the maximum extent permitted by law.
Marketing
Maptominds is entitled to use the Consultant as a reference for marketing purposes and the like.
Indemnification
The Consultant agree to indemnify and hold Maptominds and/or Maptominds affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Maptominds and/or Maptominds affiliates in connection with any claim arising out of the Consultants breach of the Agreement. Maptominds reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Consultant.
General terms
Entire Agreement. This Agreement is the whole legal agreement between the Consultant and Maptominds. It governs the Consultants use of the Portal and completely replaces any prior agreements between the Consultant and Maptominds with respect to the Portal.
The Consultant may also be subject to additional Terms and Conditions that may apply when using or purchasing other products or services from Maptominds. The laws of the State of Denmark as member of European Union, without regard to conflicts of laws principles, will apply to any disputes arising out of or relating to the Agreement or the Maptominds Portal.
Any dispute arising out of or relating to the Agreement or the Maptominds Portal shall be submitted exclusively to confidential binding arbitration in Copenhagen, Denmark. The Consultant hereby consent to and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the courts of Denmark. Arbitration under the Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the Danish Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.
If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Maptominds does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Maptominds may assign or delegate some or all of its rights and obligations under this Agreement to a company wholly or partly owned by Maptominds.
You may contact us by visiting our website www.maptominds.com or write us an e-mail on info@maptominds.com. You can also mail us using below address:
Maptominds A/S
Krumtappen 2
2500 Valby
