General Terms and Conditions

General Terms & Conditions (of Epsilonoon for Customers)

Epsilonoon
Definitions
Applicability Terms of Use
Conclusion-Agreement
Introduction-of-the-Epsilonoon-Platform-and-Services
- What-is-the-Platform?
- Who-can-use-the-Platform?
- Services
- License
Customer-Account-&-access-to-Customer-Account
Customer-Content-and-sharing-information
License-grant-for-Customer-Content
Payment
Disclaimer-and-Limitation-of-liability-Epsilonoon
Termination
Miscellaneous
Governing-law-and-jurisdiction

1. Epsilonoon

Epsilonoons products and services are provided by Epsilonoon International B.V., registered in the Dutch Chamber, Epsilonoon Infonomy B.V., registered in the Dutch Chamber of Commerce under and Epsilonoon Benelux Ltd., registered in the Dutch Chamber of Commerce under number\. These Terms govern the agreement between Epsilonoon and Customer, including Customers access to and use of Epsilonoons website, platform and additional services via Customers account. By accessing or using our website, platform and additional services Customer acknowledges that it has read and understood and accepted these terms of use and Customer agrees to be bound by these terms of use and by our Privacy policy

2. Definitions

2.1 Account: The account (to be) created by the Customer via the website in order to gain access to and to use the platform in the context of the services.
2.2 Agreement: The agreement between Epsilonoon and the customer with regards to the use of the platform for the Services.
2.3 Customer: The natural person or legal entity who registered and/or created an account via the website and entered into an agreement with Epsilonoon.
2.4 Customer Content: All content a customer submits, posts, displays, uploads or otherwise makes available on the website or platform.
2.5 Data Processing Agreement: The agreement between customer and Epsilonoon with regards to the processing of personal data by Epsilonoon at the instruction of the customer.
2.6 Epsilonoon Content: All content that is offered via the website and/or the platform directly by Epsilonoon or under license of a third party.
2.7 Epsilonoon: Epsilonoon International B.V., registered in the Dutch Chamber of ., Epsilonoon Infonomy B.V., registered in the Dutch Chamber of Commerce under and Epsilonoon Benelux Ltd., registered in the Dutch Chamber , with its registered office at Hoogoorddreef , Amsterdam (the Netherlands), also trading under the name Epsilonoon.
2.8 Intellectual Property Rights: Patent rights, trademark rights, copyrights, (registered and unregistered) design rights and/or other (intellectual property) rights, which also includes sui generis rights to database rights, or other products, as well as know-how, methods and concepts as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, related to and arising out of the platform and the website and the Epsilonoon content.
2.9 Parties: Epsilonoon and customer together.
2.10 Platform: The separated part of the website, where only customer can provide themselves access via its account.
2.11 Services: The services provided to the customer by Epsilonoon under the agreement.
2.12 Terms: These general terms and conditions of Epsilonoon which are an integral part of the agreement.
2.13 Terms of Use: The terms of use applying to users of the platform and website which are an integral part of the agreement.
2.14 Website: The website of Epsilonoon that is accessible via the URL www.Epsilonoon.com, www.Epsilonoon.uk. www.Epsilonoon.nl and/or other URLs.

3. Applicability Terms of Use

3.1 These Terms apply to the Agreement as well as to the Services provided under the Agreement and to including Customers access to and use of the Website, Platform and additional services via the Account and to every agreement related thereto.
3.2 The applicability of other terms and conditions of the Customer is explicitly rejected and such terms and conditions do not apply to the legal relationship between the Customer and Epsilonoon.
3.3 By entering into an Agreement and/or using the Platform, Website and/or creating an Account for Epsilonoon Customer accepts the applicability of the Terms and the applicability of our (privacy) policies and the Data Processing Agreement and represents and warrants that Customer is bound by the Terms and other policies of Epsilonoon. In the event that an Account is blocked for whatever reason the Terms are also applicable.
3.4 Epsilonoon may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify Customer. By continuing to access or use the Website and/or Platform after revisions become effective, Customer agrees to be bound by the revised Terms. If Customer does not agree to the new terms, Customer agrees that it shall stop using the Website and/or the Platform.
3.5 These Terms apply to the Services provided to Customer under the Agreement in addition to the Terms of Use. In case of conflict between these Terms and the Terms of Use, these Terms shall prevail.

4. Conclusion Agreement

4.1 All offers or proposals submitted by the Epsilonoon are free from obligations and revocable. Epsilonoon is free to withdraw an offer, until such point that it has been accepted in writing by Customer.
4.2 All offers and proposals are valid for a period of 3 (three) months, unless it is otherwise stated.
4.3 Epsilonoon retains the right to withdraw any offer if such offer is not confirmed by Customer in writing. If such order confirmation deviates from the offer from Epsilonoon, Epsilonoon is only bound by the content of such deviating confirmation if and insofar as Epsilonoon subsequently explicitly consents hereto in writing.
4.4 An Agreement will only be effective:
- 4.4.1 after a written order confirmation has been sent by Epsilonoon OR
- 4.4.2 in the event of a written agreement signed by both Parties.
4.5 An offer made by Epsilonoon or an order confirmation from Epsilonoon forms part of the Agreement.
4.6 In so far as the Services provided by Epsilonoon include the processing of personal data by Epsilonoon on behalf of Customer, the terms of the Data Processing Agreement apply to these (part of the) Services. The Data Processing Agreement forms an integral part of the Agreement.

5. Introduction of the Epsilonoon Platform and Services

5.1 What is the Platform? The Platform is intended to connect the Customer as employer to the worldwide network of jobseekers via the Website, without providing a physical data carrier to Customer. The Customer can create its own Account through which the Customer is able to upload job opportunities and additional relevant information, but also find other professionals the Customer is looking for. Access to certain news sections of the websites is restricted to members only. Such content is accessible exclusively to individuals who have a paid content subscription or have been granted the necessary permissions as part of their services package. Epsilonoons role is limited to facilitating the Platform to enable fashion professionals to enter into contact with each other. Epsilonoon has no responsibility and/or control over the Customer Content. Epsilonoon will never become a party to an agreement between fashion professionals that is concluded with the help of our Platform, unless explicitly agreed otherwise by Epsilonoon in writing beforehand.
5.2 Who can use the Platform? Customer may use our Platform only after entering into an Agreement (during the term of it) and creating an Account, and only in compliance with and after acceptance of these Terms as well as the Terms of Use, our policies and in accordance with all applicable laws. When Customer creates an Account, Customer must provide Epsilonoon with accurate and complete information. In the event a natural person creates an Account on behalf of Customer, then (a) "Customer" includes the natural person and Customer itself, and (b) Customer represents and warrants that the natural person is authorized to grant all permissions and licenses provided in these Terms and the Terms of Use and binds the entity to both Terms, and that the natural person agrees to these Terms on the Customer's behalf.
5.3 Services Epsilonoon provides Services according to which Customer may use the Website and Platform for the purpose of the labour market to get in touch with potential future employees for the purpose of recruitment activities or to connect with other fashion professionals and/or to sell their own products and/ or services. Access to specific sections of the website containing trade news, which are available only to members, can be obtained by subscribing to the content membership or by acquiring content access through a services package. The specific Services are described by Epsilonoon on its Website and/or in the Agreement. An order is only binding after the offer is confirmed by Epsilonoon in writing (according to article 4 of these Terms). By submitting and/or uploading Customer Content (including but not limited to vacancies), Customer grants Epsilonoon its approval for the publication of the respective content on the Website as well as other publication channels used by Epsilonoon or its affiliates.
5.4 License Subject to these Terms Epsilonoon grants Customer a limited, non-exclusive, non-transferable, and revocable license to use our Platform in relation to the Services. This license cannot be transferred to third parties without the explicit written consent of Epsilonoon.

6. Customer Account & access to Customer Account

6.1 In order to be able to use the Platform, you must create an Account. Creating an account is free of charge. To create an Account, you need to provide us with the following details:
- company name and job title (if applicable)
- first name and surname
- e-mail address
- username
- country of residence
- city
Optionally, you may provide us with:
- date of birth
- phone number
- address
- internet site
- offered and wanted
- CV
6.2 An Account, created for the Services, is linked to the company of Customer that created and activated the Account and is non-transferrable. Customer is not allowed to create an Account on (behalf of) another persons or entitys name.
6.3 Customer will choose a password. The password provided by Customer is stored by Epsilonoon with applying hashing technology which means that Epsilonoon will not be able to see the password. The username is equal to the e-mail address. The username and password is needed to log into the Account.
6.4 Customer represents and warrants that the details Customer provides to Epsilonoon for and/or via the Account are correct, complete and up-to-date. If the details change, Customer shall immediately change the Account accordingly. Customer can change the Account details online.
6.5 Customer shall treat the Account as confidential and with care. Customer will take reasonable measures so as to prevent unauthorized persons from taking cognizance and using the Account. Customer is personally responsible for keeping the password and username confidential and will not provide third parties access to the Platform via the Account.
6.6 Customer must immediately notify Epsilonoon in writing of the loss or theft of the username and/or password or (the suspected) abuse or improper use of the Account by a third party. Customer is liable towards Epsilonoon for all damage or losses arising out of the unauthorized use of the Account.
6.7 To use the Platform and the Services, Customer must arrange at its own expense for the device, software and internet connection required for that purpose.
6.8 Epsilonoon may block or remove the Account including the Customer Content at its sole discretion and may block IP addresses if Epsilonoon considers that necessary or justified. If the Account is blocked or if Customer can no longer use the Account for any other reason, Customer no longer has access to the Customer Content. Epsilonoon is never liable for damage or losses suffered by Customer as a result of unauthorized use of the Account by third parties. Epsilonoon is under no obligation to give Customer access to the Customer Content again. Epsilonoon is under no obligation to make a backup of the Customer Content or to otherwise save it for Customers benefit. Epsilonoon recommends that Customer creates its own backup. In case the Account is blocked, Customer does not have the right to open a new Account unless this is otherwise agreed upon.
6.9 If Epsilonoon reasonably suspects that unauthorized persons use or may use the Account, it is entitled to block the Account including the Customer Content with immediate effect and to recover any damages or losses suffered by Epsilonoon as a result thereof. Epsilonoon is never liable for damage or losses suffered by Customer as a result of unauthorized use of the Account by third parties and/or the access of Epsilonoon to the Account as a result of such unauthorized use.
6.10 Customer has the right to terminate the Account at any time in line with the procedure as indicated on the Website and/or the Platform. After closing the Account, Customer will not have access to the Customer Content and other information related to the Account unless this is otherwise agreed upon between Parties.
6.11 Epsilonoon has the right to block the Account at its sole discretion.
6.12 Customer finds that another user of the Platform and/or Website is acting in breach of these Terms, Customer will report Epsilonoon of such breach including the details of the breach.

7.1 An Customer is allowed to submit and publish Customer Content on the Website. Customer retains ownership of the Customer Content. Customer grants Epsilonoon a license according to the provisions as set out in article 8.
7.2 Customer acknowledges that the information published via the Account, or in any other way on the Website and/or Platform, will be accessible by other users, and can be copied by other users, even in violation with these Terms and the Terms of Use. Epsilonoon is not responsible or liable for any acts of its users or third parties.
7.3 Customer acknowledges that Customer is solely liable for the use of the Platform related to the Services and the provision of information and Customer Content via the Website. By providing Customer Content, Customer warrants that Customer has the right to provide this information and that this information is correct, not of a confidential nature and not in violation with contractual restrictions or third party rights.
7.4 Customer agrees and guarantees not to submit, publish and/or use Customer Content that:
- 7.4.1 may create a risk of harm, loss, physical or mental injury to Customer or to any other person,
- 7.4.2 may create a risk of any other loss or damage to any person or property;
- 7.4.3 may constitute or contribute to a criminal act;
- 7.4.4 contains any information or content that Epsilonoon deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights to other people (publicly or otherwise), or otherwise objectionable;
- 7.4.5 contains any information or content that is illegal; or
- 7.4.6 contains any information or content of which Customer knows it is not correct and current.
7.5 Customer agrees that any Customer Content that Customer posts does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
7.6 Epsilonoon reserves the right, but is not obligated, to reject and/or remove any Customer Content that Epsilonoon believes, in its sole discretion, violates these Terms or the Terms of Use and/or in the event the notice and take down procedure (as set out in the Terms of Use) applies. Customer agrees that it is never entitled to any damages and/or repayment of any fees paid or owed by Customer under the Agreement, in case of any removed Customer Content pursuant to these Terms and/or the Terms of Use.
7.7 Epsilonoon is never responsible or liable for any Customer Content that Customer or any (unauthorized) third party uploads, submits, posts in the Platform and/or Website. Customer shall be solely responsible and liable for the Customer Content and the consequences of posting or publishing it.
7.8 Customer may remove the Customer Content at any time from and via the Account, on the understanding that it is not possible to remove information if and insofar as the information has been shared with other users of the Website and those other users have stored, copied or otherwise used the information. After removal the data may remain present in the backup versions of the databases used by Epsilonoon.
7.9 Customer agrees that Epsilonoon will store and use the information and Customer Content Customer provided via the Account, in order to manage the Account, to optimize the use of our Platform, the Services and the Website.

8. License grant for Customer Content

8.1 By providing information and Customer Content via the Account or otherwise, Customer automatically grants Epsilonoon a non-exclusive, worldwide, unlimited, sub-licensable and royalty-free right to copy, publish, remove, keep, multiply, analyse or otherwise use and communicate that information, in order to manage the Account, to optimize the use of our Platform, the Services and our Website and to perform our obligations under the Agreement, without any further permission or notification being required and without Customer or any third party being entitled to any compensation or damages.

9. Payment

9.1 Unless stated otherwise, all prices are quoted as net prices and do not include value added tax.
9.2 Epsilonoon may invoice the amount owed for the Services after the conclusion of the Agreement.
9.3 Payment of the invoices should take place within 14 days after invoice date, without deductions or right of suspension and/or set off. In the event of any delays in payment, a default interest at the rate of 5% shall be owed as well as extra-judicial collection costs which are fixed at a minimum of 15% (in words: fifteen percent) of the amount outstanding with a minimum of EUR 250,- (in words: two hundred fifty euro).
9.4 Notwithstanding the other rights of Epsilonoon, Epsilonoon is entitled to suspend its obligations under the Agreement in the event Customer is in default in regard with its obligations, such as (but not limited to) its payment obligations.

10. Disclaimer and Limitation of liability Epsilonoon

10.1 Epsilonoons provision of the Services and the use of the Platform and Website is provided on an вЂњas isвЂќ and вЂњas availableвЂњ basis. Epsilonoon only has an obligation to use its best efforts. Epsilonoon nor its affiliates make any warranty that
- the Service will meet Customers requirements
- the Service of access to the Website and/or Platform and/or Account will be uninterrupted, timely, secure or error-free,
- any errors in the Service or Platform and/or Website will be corrected,
- the job vacancy and/or advertisement and/or any other information is published on the Website and/or Platform in accordance with the information provided by Customer and/or
- the communication and/or application data sent by an job applicant and/or user of the Website will reach the Customer uninterrupted, timely, secure or error-free
- unauthorized use by third parties is prevented, nor will Epsilonoon be liable in such circumstances.
10.2 Without prejudice to the other provisions of these Terms, neither Epsilonoon nor its affiliates shall be liable for any direct, indirect, consequential, or any other damages or costs incurred by Customer by making use of the Service and/or the Website/and or Platform, whether based on breach of the contract or tort (including negligence). In no event shall Epsilonoons aggregate liability exceed the amount paid by Customer to Epsilonoon under the Agreement in relation to which the damages have occurred.
10.3 Customer is solely responsible for the legality, accuracy and completeness of the Customer Content made available to and/or submitted to Epsilonoon. Customer is solely responsible for the careful and confidential safekeeping of the information sent to Customer and for all activities carried out by Customer thought its Account.
10.4 Customer agrees to indemnify and hold harmless Epsilonoon from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys fees) arising from
- Customers violation of any term of this Agreement;
- Customers use of, and access to, Website and/or Platform and/or Account;
- Customers loss of, or disclosure of, information gained from using Website and/or Platform;
- Customers violation of any applicable laws during the hiring process and the communication with the job applicants;
- Customers violation of any third-party right, including without limitation any Intellectual Property Right or privacy right deriving from the General Data Protection Regulation (EU) 2016/679; and/or
- any claim that the Customer Content violates any third-party right and/or caused damage to a third party. This defense and indemnification obligation will survive this Agreement.

11. Termination

11.1 Epsilonoon may at any time at its sole discretion terminate or suspend any of its obligations under the Agreement and/or the (performance of the) Services, without any prior notice of default being required, when Customer is in breach with these Terms and/or the Terms of Use and/or any other obligation, without being liable against Customer and/or any right of refund of any amount paid or payable by Customer.
11.2 Customer is not entitled to prematurely terminate an Agreement concluded for a fixed term, minimum term or a specific order or subscription. In particular when Customer decides to delete or not to publish Customer Content, the payment of the fee is still owed in fall and Customer has no right of demand reimbursement of payments already made. The same applies when Epsilonoon has to remove Customer Content or decides to remove or not to publish Customer Content on the basis of the Agreement (including but not limited to these Terms and the Terms of Use).

12. Miscellaneous

12.1 Customer may not assign or delegate any of Customers rights or obligations under the Agreement without Epsilonoons prior written consent. Epsilonoon may freely assign or delegate its rights and obligations under the Agreement without notice to Customer. By entering into the Agreement, Customer agrees in advance with the aforementioned transfer by Epsilonoon.
12.2 The Agreement may be modified solely in writing signed by both Parties.
12.3 Epsilonoon reserves the right to terminate or change its service offer at any time, without prior warning or giving reasons for doing so. Such changes or termination shall not entitle Customer to any claims and/or compensation whatsoever.
12.4 Any questions or complaints about the Service should be send to [email protected]. Epsilonoon will respond as soon as possible.

13. Governing law and jurisdiction

13.1 The Terms, the Website and/or the Platform and all Agreements in connection with the use of the Website and/or the Platform are governed exclusively by Dutch law. The provisions of the Vienna Sales Convention are not applicable.
13.2 All disputes between Epsilonoon and the Customer arising out of or in connection with these Terms and/or the Terms of Use, the Website and/or the Platform and all Agreements in connection with the use of the Website and/or the Platform are exclusively submitted to the competent court in Noord-Holland, location Amsterdam, unless mandatory law appoints another court.

Epsilonoon

Amsterdam, The Netherlands

Latest update: March, 2025