Terms and conditions

Terms and Conditions

Last updated: 29 november 2022

General

Information about We Select

These terms and conditions (the "Terms") apply to all services provided by The We Select Company AB (org.nr 556841-1671) ("We Select","we","our" or"us") to our customers ("you", "you").

Contact details

You can contact us using any of the contact details below: support@weselect.com or 08-664 20 20

Approval of the conditions

By using the Service, you agree to the Terms. If you do not agree to the Terms, you may not use the Service.

Definitions

"Features" means the Website and the Service taken together.

"Website" means our website (https://weselect.com) relating to the Service.

"Contact details" refers to the details given in the introduction section above.

"Privacy Policy" means our Privacy Policy (https://www.weselect.com/legal/privacy-policy) which describes how we process personal data.

"Service" means the services described in the "Service" section below and made available through the Website, together with the related products, equipment, services and information that we provide to you.

"Third Party Applications" means online web-based applications and offline software products or services that (a) are provided by third parties, (b) interact with us, and (c) may be either separate from or integrated with us and whether or not such are designated by us as Third Party Applications.

The service

Description of the service

We provide a service to attract and recruit candidates through smart marketing (the"Service"). More information about the Service is available on the Website.

Ordering the service

The service is ordered in accordance with the instructions on the Website.

If you order the Service through our Contact Information, we will send you an order confirmation that includes these Terms. Once you have accepted our confirmation (including the Terms), you have entered into a contract with us.

Delivery of the service

During the ordering process, we will notify you when and where we will provide the Service to you, including any products and digital materials associated with it.

Your obligations

Customers

We offer the Service to companies and other legal entities. You hereby certify that you have the authority to enter into these Terms and to use all of the Features on behalf of the legal entity.

These Terms constitute the entire agreement between us relating to the Service. You represent and warrant that persons (e.g., employees and agents) using the Service have read and understand the Terms. You are responsible at all times for all use of the Service in accordance with these Terms.

Use of the functions

When using the Features, you must always comply with applicable laws, regulations and governmental requirements. In particular, you must not use the Website other than through the interfaces provided by us and expressly permitted by the Terms. You must also not use the Features in any way that conflicts with our, or any third party's, rights or legitimate interests. You agree to comply with all instructions and recommendations given to you by us from time to time.

You also agree not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
Post, or otherwise express, any material or information that is inappropriate, defamatory, offensive, obscene, pornographic, racist, terrorist, politically incorrect, improper or unlawful;
Contribute to the destruction through activities such as spreading viruses, spam or any other activity that may harm us, the Website in any way;
Monitor the availability, performance or functionality of the Service for any competing purpose, e.g. you agree not to access the Service for the purpose of developing a competing product or service or copying the features or user interface of the Service; or
Resell or in any way share results generated on the Website or use the Service to create a competing service or product.

We may temporarily restrict access to the Features in order to:

Fix technical problems or make minor technical updates; or
Update changes to the Features to comply with changes in applicable laws and regulatory requirements.

If we need to restrict access to the Services, we will contact you in advance. However, this does not apply in the event of an urgent problem or emergency.

Own content

We may offer you features to upload and store files and other information that you provide or create ("Content"). You are responsible for all distribution and other actions taken by you.

By uploading Content to the Website, you represent and warrant that you a) have the necessary rights to the uploaded Content or b) have permission to use the Content in such a way that the Content or your use of the Content does not violate applicable law. We will not verify whether the Content has been uploaded or distributed through the Website in a manner that is in compliance with the law.

By posting Content, you acknowledge that such Content may become available to others. We are not responsible for the loss of any Content and we recommend that you always create a backup copy. We do not accept responsibility for the accuracy of any Content that you have uploaded or created.

Price & payment

Price information

You shall pay all applicable fees in the manner described on the Website for the Service you have selected. Prices for the Service are set out on the Website and include specified delivery charges, VAT or other fees and taxes. The price for the Service is that indicated on the order page when you place your order.

We have the right to change the prices for the Service. If we change the prices, we will notify you in advance. By continuing to use the Service after the price change takes effect, you will be bound by the new prices. If you have been offered the Service for a specific period and a specific price, the price will apply for the agreed period.

Payment details

You may pay for the Service in the ways set out below.

We offer payment through:

Invoice

We may invoice you for the Service in advance or in arrears, at the frequency agreed for the agreed period. You agree that we may send electronic invoices to the email address you provided when you placed your order for the Service. You are obliged to keep all payment details correct and up to date.

We have the right to carry out a credit check when necessary in order to offer you credit.

You undertake to pay within the specified time for the payment method you have chosen. Late payment may incur late payment charges and interest.

Refund

Except as otherwise provided in these Terms, you are not entitled to a refund or cashback on the basis of dissatisfaction with the Service and/or the Features.

Our responsibility

Responsibility

Our liability is limited as follows:

we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, indirect or consequential loss arising under or in connection with a contract between us; and
our total liability to you for all other losses arising under or in connection with a contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total amount paid by you for the Service under the applicable order/contract.

Cancellation

We are only liable for damages that are notified in writing no later than three (3) months after you discover or should have discovered the damage, but no later than six (6) months from the date the damage occurred.

Errors and delays beyond our control (force majeure)

We are not responsible for delays and errors beyond our control. If our suppliers are delayed due to an event beyond our control, we will notify you of this as soon as possible and take steps to minimise the damage caused by the delay. If we have complied with this, we will not be liable for any errors or delays caused by the event, but if there is a risk of a material error or delay, you may contact us to terminate the contract and receive a refund for the portion of the Service that you have paid for but not received.

Privacy

During the term of this Agreement and thereafter, the parties agree not to disclose to any third party any information relating to these Terms or any other information obtained by the parties as a result of these Terms, whether in writing or orally and in any form ("Confidential Information").

The parties agree that Confidential Information may only be used to perform the obligations under these Terms and Conditions and for no other purpose. The receiving party also agrees to observe and cause its directors, employees, subcontractors or other intermediaries to observe the same degree of care (but no less than reasonable care) to avoid disclosure or use of Confidential Information.

This confidentiality undertaking does not apply to Confidential Information that is in the public domain (other than through a breach of these Terms or any other confidentiality undertaking).

Each Party undertakes to ensure that any information disclosed or released under this Section shall, to the extent possible, be handled in a secure manner by the recipient. This Confidentiality Commitment shall be effective for three (3) years following the termination of these Terms.

Changes & Additions

We reserve the right to change the Terms at any time. We will notify you by email of any such changes which are not minor and which will affect you. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Website. Changes to the Terms will become effective on the first business day following the date of posting.

All new features and content added to the Service, Website are subject to what is stated in the Terms.

Complaints & customer service

If you have any complaints, please contact our support through our Contact Details.

Personal data

You are the data controller of the personal data that we process on your behalf in connection with your use of the Service. How we may process the personal data in our role as a Data Processor is set out in the Data Processor Agreement (Annex), which you enter into by agreeing to these Terms.

For more information on how we process personal data, please see our Privacy Policy.

Tangible & Intellectual Property Rights

Our rights

The website is owned and administered by We Select. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights owned or used by us and those included in our Features (including titles, graphic images, icons, scripts, source codes, etc.) are our own, or another licensor's, property and may not be reproduced, distributed, sold, used, modified, copied, restricted or used (in whole or in part) without our prior written consent.

License

We Select grants you a non-exclusive right and license to use the Website and the Service for the purpose of providing the Website and the Service to you. Upon termination of this Agreement, this right and license shall also terminate.

Respect for our property

You may not, for any purpose, tamper with, attempt to gain unauthorised access to, modify, hack, fix or otherwise alter any of our materials, hardware, source code or information.

Respect for our intellectual property rights

You agree that the Service and other information, including all related intellectual property rights, provided and made available by us are our exclusive property. You may not use our exclusive property in any way for any commercial or other purpose without our written consent.

Applicable law & dispute resolution

Swedish law shall apply to these Terms.

Disputes arising out of or in connection with these Terms and Conditions shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Rules for Simplified Arbitration shall apply unless the SCC, having regard to the difficulty of the case, the value of the subject matter of the dispute and other circumstances, decides that Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the arbitration panel shall consist of one or three arbitrators. The seat of the arbitration shall be Stockholm and the language of the proceedings shall be Swedish. The SCC shall appoint all arbitrators. The arbitration shall be kept confidential.