1.1 MindDig AB, company registration no. 559339-4249, (“MindDig”) has developed an online platform for employers and individuals seeking employment in the Swedish Arctics (the “Service”). Anyone who uses the Service (the “User”) may browse between employment advertisements and the alike posted by employers, information about living and working in the Swedish Arctics and such other related content (the “Service Content”) and also publicly post resumes and/or create individual talent profiles on their own (“User Data”). The Service is provided free-of-charge to the User.
1.2 These terms and conditions (the “User Terms and Conditions”) are applicable to the use of the Service. The User should read through these User Terms and Conditions prior to commencing use of the Service. By using the Service, the User confirms that he or she has read, understood and accepted these User Terms and Conditions which will thereby become a binding agreement between MindDig and the User (the “Agreement”).
1.3 The Service is not available to children under 18 years of age. By entering into this Agreement and using the Service, you are providing an affirmation that you are 18 years of age or older.
2.1 Provided that the User fully complies with the provisions of the User Terms and Conditions and unless otherwise stated in the User Terms and Conditions, MindDig grants the User a non-exclusive, non-transferable, limited right to use the Service for the User’s own purposes. For the sake of clarity, it is noted that the User is not entitled to use the Service for commercial purposes.
2.2 In the absence of MindDig’s prior written consent, the User shall not be entitled to assign, transfer or sub-license its rights pursuant to this Agreement to a third party.
2.3 The Service is generally provided 24 hours per day, seven days a week, 365 days per year. However, MindDig does not warrant that the Service shall be free of defects or outages during the aforementioned period and provides no warranties regarding the functions, security or availability of the Service. Use of the Service requires an internet connection and the User’s access to such connection is beyond MindDig’s control.
2.4 The Service is reached via the User’s electronic device by connection to the internet either via Wi-Fi connection or internet connection through a connection to a telecommunications operator (the “Equipment”). The User is responsible for such Equipment and must acquire the same at his or her own expense. The User is aware and acknowledges that upgrades and/or modifications of the Service may entail changes to the technical requirements for the User’s Equipment. This is intended to ensure that the User can use the improvements resulting from an upgrade and/or modification.
3.1 The User shall provide a username and password when he or she logs on to the Service (the “User Account”). The User shall choose the username and password. In creating the User Account, the User must provide correct and complete User information as requested by the Service (the “User Information”). Such User Information must describe the User themselves and not any other individual person.
3.2 MindDig cannot verify whether it is the User who is using the Service but, rather, only whether the correct username and password have been provided. Accordingly, the User undertakes not to disclose or in any other manner make available his or her username or password to any unauthorised third party and to ensure that unauthorised third parties cannot obtain access to usernames or passwords in any other manner. In the event the password is nonetheless used by someone other than the User, MindDig may block the User’s use of the Service.
3.3 Where there is reason to assume that a username and/or password has been misused, the User shall immediately notify MindDig thereof. The report shall contain information regarding the User Account and information regarding the period of time the User suspected that the username and/or password was misappropriated by unauthorised third parties. The User shall be responsible for all losses incurred by MindDig as a consequence of the fact that the username or password has been obtained by an unauthorised third party. Such liability shall apply until such time as the User has blocked the relevant User Account.
4.1 The User undertakes:
(a) in conjunction with the use of the Service, to comply with (i) the provisions of the User Terms and Conditions, (ii) applicable laws, ordinances and decisions by governmental authorities, and (iii) instructions provided by MindDig from time to time regarding the use of the Service;
(b) when posting User Data to the Service, to ensure that the User owns or has obtained the necessary rights to such data;
(c) to not sell or modify the Service Content or reproduce, display, publicly perform, distribute, or otherwise use the Service Content in any way for any public or commercial purpose or that otherwise infringes MindDig's or its licensor’s intellectual property rights.
(d) in using the Service, not to transfer any material to the Service which may contain viruses, Trojan horses or any other code (so-called “malware”) which may damage, disable, overload or impair the Service or encroach on the use of the Service by Another User. “Another User” means another user who, by virtue of an agreement with MindDig, uses the Service in a manner comparable to that of the User;
(e) not to take measures the purpose of which is to circumvent MindDig’s security systems – e.g. by using Another User’s username and password or providing usernames and passwords to a third party – or attempt to test the security of the Service without obtaining MindDig’s prior written consent therefor;
(f) not to decompile (reverse engineer) the Service;
(g) not to take measures the purpose of which is to afford the User unauthorised access to any computer system or network covered by the Service; and
(h) not to acquire or attempt to acquire material or information which was not intentionally made available or provided via the Service.
4.2 Legal action may be taken by MindDig in response to breaches or attempted breaches of one, several or all the provisions of section 4.1.
5.1 All intellectual property rights, whether or not registered, and technical solutions regarding the Service, the arrangement and design of the Service, and the Service Content are the property of MindDig or the property of a third party with whom MindDig collaborates and may not be used by the User other than as required for use of the Service in accordance with this Agreement. Furthermore, the User acquires no right over and above that expressly set forth in this Agreement.
5.2 In the legal relationship between the parties, the User enjoys all rights to the User Data. MindDig shall only be entitled to use the User Data to the extent necessary in order for MindDig to be able to fulfil its undertakings pursuant to this Agreement.
5.3 The User warrants that the User Data does not constitute an infringement of any other right. MindDig shall, without delay, notify the User in writing in respect of claims asserted by third parties regarding infringement of copyright or other intellectual property rights based on the User Data. In conjunction with an assertion of infringement for which the User is liable, the User shall, at its own cost, either (i) ensure that the necessary rights are obtained or (ii) remove disputed parts of the User Data. MindDig shall be entitled, following notice to the User, to erase the contents which are suspected of infringing third-party intellectual property rights.
5.4 The parties agree that MindDig obtains a non-exclusive, global, transferable, royalty-free licence to use User Data to the extent necessary for MindDig to be able to provide the Service functions.
5.5 Notwithstanding anything contrary to what is stated in this Agreement, MindDig has the right to, during the term of the Agreement and thereafter, freely use User Data in Anonymized Form. “Anonymized Form” means that the User Data does not contain any information as is subject to section 10 below. The parties agree that the User shall not be entitled to any compensation for such use of User Data.
5.6 The User undertakes to compensate MindDig for any payments and damages which MindDig, by virtue of settlement or judgment, is ordered to pay for infringement of intellectual property rights for which the User is liable. In addition to compensation for amounts which the other party is required to pay to third parties, the other party shall not be entitled to compensation for losses which arise as a consequence of intellectual property infringements.
6.1 The User acknowledges and agrees that the Service Content, including but not limited to, job opportunities are not under MindDig’s supervision and control in any aspect. The job opportunities posted on the Service are the sole responsibility of the employer company posting such Service Content and the User agrees that MindDig shall not be held responsible for the Service Content provided from such employer company. No information, whether oral or written, obtained by a User from MindDig or from the usage of the Service shall create any warranty not expressly stated herein.
6.2 MindDig makes no representations about the accuracy, reliability, completeness, or timeliness of the Service or any Service Content. The use of the Service and the Service Content is at the User’s own risk. Changes are periodically made to the Service and may be made at any time.
6.3 The Service may contain links to third party web sites. Such links shall not be interpreted as approved by MindDig. MindDig is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. The User accesses linked third-party web sites at their own risk.
6.4 MindDig cannot be held liable for losses incurred directly or indirectly by a User as a consequence of the use of the Service and/or Service Content.
The User agree to defend, indemnify, and hold harmless MindDig, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Data or other information the User provides to the Service, (ii) the User’s use of any Service Content, or (iii) the User’s breach of these User Terms and Conditions.
8.1 MindDig shall be entitled at any time whatsoever and without prior notice to modify, supplement or remove functionality in the Service or Service Content.
8.2 MindDig shall be entitled at any time and without prior notice to block access to the Service in order to protect the Service from unauthorised encroachment or similar.
8.3 From time to time, access to the Service may be suspended for measures (the “Measures”) such as, for example, but not limited to, maintenance, service and updating. MindDig reserves the right to suspend access to the Service in order to take such Measures.
8.4 The User shall be entitled at any time to terminate this Agreement by a written notice to MindDig or by closing its User Account.
8.5 MindDig shall be entitled to terminate this Agreement and cease providing the Service to the User at any time without cause therefor.
8.6 Notwithstanding the reason for termination of the Agreement, the provisions of sections 4, 5, 6, 7, 8, 9, 10 and 12 shall continue to apply between the parties also following conclusion of the Agreement.
MindDig shall at all times be entitled in its discretion to amend or supplement these User Terms and Conditions. MindDig shall make the User Terms and Conditions which are applicable from time to time available here, and it shall be incumbent on the User to keep well-informed of the User Terms and Conditions.
10.1 MindDig collects personal data from the User in conjunction with the User’s use of the Service and creation of a User Account. This personal data is processed by MindDig in order to (i) provide the Service and its functions to the User, (ii) product development, (iii) quality assurance for the Service, and (iv) marketing purposes. More detailed information regarding the processing of the personal data is set forth in MindDig’s personal data policy which is available at [infoga länk].
“Marketing purposes” means communicating with the User by means of, for example, newsletters, making special offers and/or providing information regarding new functions in the Service.
10.2 For the implementation of the Service, the personal data may be provided to third parties to the extent necessary in order for MindDig to be able to fulfil its obligations pursuant to the Agreement.
In the event any of the terms and conditions of these User Terms and Conditions become illegal, invalid or for some other reason void, such term or condition shall be deemed separate from the other terms and conditions in the User Terms and Conditions, and such separation shall not affect the validity and enforceability of the remaining terms and conditions. In such cases, the invalid term or condition shall be replaced by a term or condition which the parties would have agreed upon in order to achieve the same result.
12.1 This Agreement and the User Terms and Conditions shall be subject to Swedish law (without regard to its principles of conflict of laws).
12.2 Disputes arising as a consequence of the creation, application or interpretation of this Agreement or the User Terms and Conditions and other disputes relating to this Agreement or the User Terms and Conditions shall be decided by courts of general jurisdiction in Sweden, with Luleå tingsrätt being first instance.