Growmatcher.
Allmänna villkor.
1. General
Growmatcher AB is a company organized under the laws of Sweden with registered number 559266-7876 (" Growmatcher"). Growmatcher is a cloud-based software which provides a service that helps Individuals looking for jobs to match with possible employers according to the defined content presented at www.Growmatcher.com (the " Service").
By registering on the website www.Growmatcher.com the Individual enters into an agreement with Growmatcher and accepts these general terms and conditions (the " Terms") which stipulates the conditions for using the Service other obligations attributable to the Service.
These Terms shall also apply to any other or additional service provided by Growmatcher to the Individual, such as consultancy services, and such services shall then be deemed included in the "Service" for the purpose of these Terms, unless separate terms are provided.
2. Definitions
"Individual" - The person who register an account on www.growmatcher.com
"Customer" - The company which register an account to use the Service on www.growmatcher.com .
"Personal Data" - Any data or information, including personal data and technical information relating to the Customer, or its customers, employees or equipment, provided to Growmatcher by, or on behalf of, the Customer, by use of the Service.
"Documentation" - Any manual, instruction or other documentation related to the Service, provided through Growmatcher' website www.Growmatcher.comcom or otherwise disclosed by Growmatcher to the Customer, as changed from time to time.
"Regular User Support" - General information and guidance that Growmatcher provides to the Individual in response to support requests by the Individual in relation to the Service For the avoidance of doubt, Regular User Support shall not include further services provided by Growmatcher in connection with the Individual's support requests, such as specific configurations, integrations or adaptions of the Service or other consultancy services.
"Third-Party Applications" - Any web or other software services or applications that utilize or interact with the Service, including all software, content, services, technology, data and other digital materials included or made available therein, created, offered, supported and maintained by third parties.
3. The Service
Subject to the Terms, Growmatcher provides the Individual a non-exclusive, time limited and non-transferrable license and right to use the Service for the Individual's private purposes only. Growmatcher shall be considered to have delivered the Service at the time when Growmatcher activates the Individual's account.
Growmatcher shall provide the Service in accordance with the methods and standards that Growmatcher normally uses for the Service. Growmatcher may make improvements to the Service as it deems fit and without prior notice.
Growmatcher may provide additional services as agreed upon, e.g. analytical tools, database services, consultancy services or specific customization, subject to separate terms and prices. Growmatcher may decide on how to integrate such additional services at its own discretion. Additional services are covered by these Terms.
Growmatcher is entitled to engage subcontractors in order to fulfill its obligations in accordance with these Terms, in such case, Growmatcher is liable for the subcontractor's work.
4. Individual'suse of the Service
The Individual is fully responsible for the information provided and posted when registering an account and completing a profile when using the Service. Information shall be correct, updated and not misleading.
The Individual shall comply with and always use the Service in accordance with these Terms, Growmatcher's further instructions, the Documentation and relevant laws and regulations and bears sole responsibility for such compliance. The Individual is entirely responsible for all Costumer Data and activities that occur under its account and user licenses.
The Service may not be used (i) for any unlawful or other purpose for which it is not intended, including to transmit, upload or post any computer viruses or other harmful files or codes; (ii) in any way so that the functionality of the Service is impaired, or in a way that is damaging or disruptive to other users or their use of the Service or equipment; (iii) in a manner that could be perceived as defamatory or offensive in any way; or (iv) in any other way that could reasonably be expected to affect Growmatcher or the Service adversely or reflect negatively on the goodwill, name or reputation of Growmatcher or the Service.
The Individual shall not copy, modify, create derivative work, reverse engineer or otherwise attempt to discover any source code of, or assign, sub-license or transfer any right in, the Service or part thereof.
The Individual undertakes to immediately, at Growmatcher's request, cease any use of the Service which causes disruption to the Service or the occurrence of nuisance pursuant to this section 4.
5. Information and Security etc.
The Individual must provide Growmatcher with all information reasonably requested in order to set up and provide the Service, and promptly notify Growmatcher of any change in such information.
The Individual is responsible for (i) keeping all passwords and account details confidential; (ii) immediately notifying Growmatcher if suspected or unauthorized access to the Service occurs. For the avoidance of doubt, Growmatcher is not liable for the Individual's hardware or software, including uploaded files or data, or unauthorized use of the user accounts or of the Service.
6. Rearwards
The Individual agrees to notify Growmatcher upon signing an employment contract or similar agreement with a company matched through the Service. In order to receive a bonus such notification should be made to Growmatcher no later than 30 days after signing the employment contract or similar.
If an employment contract is signed through the use of the Service and notification is made according to 6.1, the Individual is granted a bonus of 5% of their monthly salary agreed in the official contract of employment, with a minimum of 1000 SEK. The bonus will be paid out to the Individual through our partner Frilans Finans according to Frilans Finans' terms which are available on www.growmatcher.com.
The Individual may also receive a reward by inviting a friend who register for the Service and who is employed through the Service. The first time an invited friend gets a new job through the Service, the Individual who invited that friend receives a one-time only bonus of 1000 SEK.
Growmatcher has the right to change the bonus and rewards described in this section. A change of rewards shall be notified on the website at least thirty (30) days in advance.
Any bonus paid according to the Terms will be taxed as salary and therefore income tax will be withdrawn from the bonus amount paid in 6.2 and 6.3.
On any bonus paid above 999 SEK, or according to the rules defined by Swedish tax law and controlling body (Skatteverket), Growmatcher is obliged to also pay social fees (sociala avgifter) at the current rate of 30,42% of the bonus amount.
Example: An Individual gets a new job with a monthly salary of 30 000 SEK and therefore has the right to a bonus of 1500 SEK before income tax. The Individual sends an invoice to Growmatcher through Frilans Finans of 1500*1,3042= 1956,3 SEK excl. taxes and excl. the fee for the service provided by Frilans Finans. Frilans Finans is responsible for making the correct tax payments and contracts, as well as paying out the net salary of 1050kr (after 30% tax, final rate depending on the Individual's total yearly income and regulated in the tax return form (Skattedeklaration) in the following year) to the Individual.
7. Availability of the Service
Growmatcher may decide to change, suspend, or discontinue the Service.
The Individual may always decide to close its account and end its use of the Service.
Growmatcher do not store or keep showing any information and content that the Individual has posted. Growmatcher is not a storage service and the Individual agrees that Growmatcher have no obligation to store, maintain or provide a copy of any content or information that the Individual or others provide, except to the extent required by applicable law and as noted in the Privacy Policy.
After termination of the Service the following sections of the Terms shall survive, section 7 (Availability of the Service), section 8 (Personal Data), section 9 (Intellectual Property Rights), section 11 (Limitations of liability and warranties) and section 14 (Governing law and disputes)
7. Personal Data - GDPR
Growmatcher has a Privacy Policy which contains provisions on Growmatcher's management of Personal data, personal information or other information concerning the users of the Service.
The Individual is aware that Growmatcher may gain access to the data that the Individual shares within the Service. Growmatcher will not use this data for any other purpose than to fulfill its obligation according to the Terms with the Individual.
When visiting www.growmatcher.com and when using the Service Growmatcher may use technical measures such as cookies and web beacons in order to install and use cookies. More information regarding these technical measures and instructions on how to opt-out is available in the Privacy Policy.
8. Intellectual Property Rights
Growmatcher and/or its licensors hold all intellectual property rights to the Service and Growmatcher's website, including any updates, files or data being uploaded to or performed on the Service by Growmatcher, as well as to the software and source code included in the Service. This includes, without limitation, any patents, copyrights, design rights and trademark rights related thereto. Nothing in these Terms shall be interpreted as a transfer of such rights, or part thereof.
10.Third-Party Applications
Through the Service and/or Growmatcher' website www.Growmatcher.com, the Individual may be able to access and install Third-Party Applications for use within the Service. The Customer is aware that such Third-Party Applications are provided and licensed to the Individual by the applicable third parties, which are unaffiliated with Growmatcher.
The Customer acknowledges that (i) the Individual must use its own discretion when accessing, installing and using any Third-Party Applications; and (ii) the Individual's use of any Third-Party Application will be governed by terms and conditions of an agreement between the Individual and the applicable Third-Party (which may include fees and costs), to which Growmatcher is not a party. The Individual shall always use any Third-Party Applications in accordance with the agreements between the Individual and the applicable third parties as well as all relevant laws and regulations and bears sole responsibility for such compliance. The Individual shall indemnify Growmatcher from and against any costs or claims, arising out of the Individual's use of any Third-Party Applications.
Furthermore, the Individual agrees and acknowledges that any Third-Party Applications, and applicable third parties, may obtain access to Personal Data, and to store, process and transmit Personal Data outside the Service, as well as data pertaining to the Individual's use and/or configuration of the Service. Growmatcher is not responsible for any collection, transmission, disclosure, use or deletion of Personal Data by or through any Third-Party Applications or such third parties. Any processing of personal data by third parties in connection with Third-Party Applications will be subject to processing agreements to be entered into between the Individual and such third parties.
Growmatcher does not own or control any of the Third-Party Applications, and the Individual shall not hold Growmatcher responsible for any Third-Party Applications under any circumstances. Growmatcher does not in any way warrant the functionality, quality, reliability, security, completeness, usefulness or non-infringement of a Third-Party Application. Consequently, the Individual bears all risk associated with accessing, installing and using any Third-Party Applications. Any support and maintenance of Third-Party Applications is to be provided by the applicable third parties, only, in accordance with the agreement between the Individual and such Third-Party. Failure of applicable third parties to provide support, maintenance or other services shall not entitle the Individual to any compensation by Growmatcher.
11. Limitations of Liability and Warranties
The Individual is aware and agrees that the Service is only a software for matching the Individual with potential employers with available job offerings. Growmatcher do not guarantee that the use of the Service will result in a match. Growmatcher do not guarantee that the Individual will be employed. Growmatcher is not responsible for an eventual employment relationship.
The Individual is aware and agrees that the Service may contain minor technical errors, known as bugs. The Individual therefore acknowledges and agrees that software completely free of errors cannot be attained within the software industry.
Except for what is expressly set out in these Terms, the Service is provided on an "as is" basis and Growmatcher makes no warranties or representations, whether expressed or implied, in relation to the Service, including to the completeness, accuracy, reliability, satisfactory quality and/or fitness for a particular purpose of the Service.
Growmatcher is not in any event liable for any cost, damage for lost profits or business opportunities, reputation (e.g. offensive or defamatory statements), loss of data. down time, use of your information or content, any indirect, incidental, consequential, special or punitive damages.
Growmatcher is not liable for damage caused by computer viruses or the equivalent, delay, corruption or loss of data, or any liability of the Customer's vis-à-vis third parties.
The Service provided to the Individual is free of charge and therefore Growmatcher's total and aggregated liability under these Terms is limited to the amount of SEK 500. Limitations of liability do not apply in cases of intent or gross negligence or when such liability as provided by law.
Growmatcher shall not in any event be liable to pay damages if the Individual does not notify Growmatcher in writing thereof within thirty (30) days after the Individual noticed, or should have noticed, the actual damage or loss, however in no event later than three (3) months from when the damage occurred.
No party shall be liable to the other party for failure to perform its obligation under these Terms if such performance is prevented by circumstances beyond the control of the party, including, but not limited to, acts of authorities, strikes or other difficulties on the labor markets, general shortage of supplies, fire or loss of electricity, communications or data.
12. Shortcomings in the Service
If the Individual wishes to file a complaint due to shortcomings in the quality of the performance of the Service, the Customer shall, unless other is stated in these Terms, send a written complaint to Growmatcher without delay after the shortcoming has been detected. The complaint shall contain a description the shortcoming and how it effects the Service.
Growmatcher starts troubleshooting and correction of notified shortcomings as soon as possible where severe errors that significantly affects the function of the Service are given priority over less severe bugs and shortcomings.
Growmatcher has no obligation to remedy the faults and defects resulting from or attributable to third party communications networks, caused by bad transmission or reception conditions for data communication, or caused by a virus or other external attack in the Individual's or third-party's software, or when the error otherwise is caused by third parties or by circumstances beyond Growmatcher's control.
Growmatcher will leave support regarding the Service to Individuals by e-mail info@Growmatcher.com
13. Miscellaneous
These Terms together with the Privacy Policy constitutes the entire agreement between the parties, with respect of the subject matter thereof. It supersedes all prior or contemporaneous agreements or understandings.
Growmatcher may make amendments to these Terms by giving the Individual three (3) months' written notice. Amendments will be effective as from the next yearly payment period.
The Privacy Policy may be updated without prior notice. The latest version will be posted on www.Growmatcher.com.
14. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with Swedish law.
Any dispute, controversy or claim arising out of, or in connection with, in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by court in Stockholm with Stockholms tingsrätt as first instance.
General terms and conditions Growmatcher AB (Companies)
1. General
Growmatcher AB is a company organized under the laws of Sweden with registered number 559266-7876 (" Growmatcher"). Growmatcher is a cloud-based software which provides a service that helps the Customer find employable candidates according to the defined content presented at www.Growmatcher.com (the " Service"). The Customer may use the Service and search between candidates for free. The Customer is obliged to pay when it hires a candidate identified through the Service.
By registering on the website www.Growmatcher.com the Customer enters into an agreement with Growmatcher and accepts these general terms and conditions (the " Terms") which stipulate the conditions for using the Service and the obligation to pay for the Service.
These Terms shall also apply to any other or additional service provided by Growmatcher to the Customer, such as consultancy services, and such services shall then be deemed included in the "Service" for the purpose of these Terms, unless separate terms are provided.
2. Definitions
"Customer" - The company which register an account to use the Service on www.growmatcher.com.
"Personal Data" - Any data or information, including personal data and technical information relating to the Customer, or its customers, employees or equipment, provided to Growmatcher by, or on behalf of, the Customer, by use of the Service.
"Documentation" - Any manual, instruction or other documentation related to the Service, provided through Growmatcher' website www.Growmatcher.com or otherwise disclosed by Growmatcher to the Customer, as changed from time to time.
"Regular User Support" - General information and guidance that Growmatcher provides to the Customer in response to support requests by the Customer in relation to the Service For the avoidance of doubt, Regular User Support shall not include further services provided by Growmatcher in connection with the Customer's support requests, such as specific configurations, integrations or adaptions of the Service or other consultancy services.
"Third-Party Applications" - Any web or other software services or applications that utilize or interact with the Service, including all software, content, services, technology, data and other digital materials included or made available therein, created, offered, supported and maintained by third parties.
3. The Service
Subject to the Terms and the Customer's fulfillment of its payment obligations, Growmatcher provides the Customer a non-exclusive, time limited and non-transferrable license and right to use the Service for the Customer's own business only. Growmatcher shall be considered to have delivered the Service at the time when Growmatcher activates the Customer's account.
Growmatcher shall provide the Service in accordance with the methods and standards that Growmatcher normally uses for the Service. Growmatcher may make improvements to the Service as it deems fit and without prior notice.
Growmatcher may provide additional services as agreed upon, e.g. analytical tools, database services, consultancy services or specific customization, subject to separate terms and prices. Growmatcher may decide on how to integrate such additional services at its own discretion. Additional services are covered by these Terms.
Growmatcher is entitled to engage subcontractors in order to fulfill its obligations in accordance with these Terms, in such case, Growmatcher is liable for the subcontractor's work.
4. Customer's use of the Service
The Customer is fully responsible for the information provided and posted when registering an account and posting job offers when using the Service. Information shall be correct, updated and not misleading. The Customer is responsible for its representatives which register accounts and use the Service.
The Customer shall comply with and always use the Service in accordance with these Terms, Growmatcher's further instructions, the Documentation and relevant laws and regulations and bears sole responsibility for such compliance. The Customer is entirely responsible for all Costumer Data and activities that occur under its account and user licenses.
The Service may not be used (i) for any unlawful or other purpose for which it is not intended, including to transmit, upload or post any computer viruses or other harmful files or codes; (ii) in any way so that the functionality of the Service is impaired, or in a way that is damaging or disruptive to other users or their use of the Service or equipment; (iii) in a manner that could be perceived as defamatory or offensive in any way; or (iv) in any other way that could reasonably be expected to affect Growmatcher or the Service adversely or reflect negatively on the goodwill, name or reputation of Growmatcher or the Service.
The Customer shall not copy, modify, create derivative work, reverse engineer or otherwise attempt to discover any source code of, or assign, sub-license or transfer any right in, the Service or part thereof.
The Customer undertakes to immediately, at Growmatcher's request, cease any use of the Service which causes disruption to the Service or the occurrence of nuisance pursuant to this section 4.
The Customer shall, without charge, provide Growmatcher access to the Customer environment to the extent necessary for the provision of the Service as well as to assist, to the best of its ability, Growmatcher in the provision of Service.
The Customer shall indemnify Growmatcher from and against any costs or claims, resulting from the Customer's use of the Service in violation of these Terms, including this section 4.
5. Information and Security etc.
The Customer shall provide Growmatcher with all information reasonably requested in order to set up and provide the Service, and promptly notify Growmatcher of any change in such information.
The Customer is responsible for (i) keeping all passwords and account details confidential; (ii) immediately notifying Growmatcher if suspected or unauthorized access to the Service occurs, or any other breach of security; and (iii) maintaining all equipment, software, applications, communication services and routines, including the security of the Customer's IT environment's, required in order to use the Service or otherwise instructed by Growmatcher from time to time. For the avoidance of doubt, Growmatcher is not liable for the Customer's hardware or software, including uploaded files or data, or unauthorized use of the user accounts or of the Service.
6. Price and Payment
The Customer agrees to notify Growmatcher upon signing an employment contract or similar agreement with a candidate matched through the Service. Such notification shall be made to Growmatcher no later than 30 days after signing the employment contract or similar.
The Customer shall pay the price equivalent of the pre-defined maximum possible monthly salary offered for the specific job position, excluding VAT (moms). If the Customer can provide proper documentation, such as employment agreement, signed by the Customer and the candidate indicating a lower monthly salary of the employed person, the price for the Service will be defined at this rate. In order to receive the lower rate, the Customer must notify Growmatcher no later than 30 days from the date of issue of the original invoice.
Example for clarification purposes:
Company X has set the maximum limit to 40 000 SEK for a specific job position posted on Growmatcher. When Company X has signed candidate A, an invoice will be sent from Growmatcher to Company X for 40 000 + VAT (moms).
If Company X can provide proper documentation signed by both the company and the candidate (equivalent to a Swedish anställningsbevis) with a monthly salary of 37 000 SEK, then Growmatcher will invoice Company X 37 000 SEK + VAT.
The Service and matches made through the Service is a strong indication that a candidate is suitable for a posted job offer and the Service helps the Customer to single out suitable candidates when there are multiple applicants. Therefore, the Customer is obligated to notify and pay according to 6.1–6.2 for all recruited candidates that are identified through the Service. For the avoidance of doubt the obligation to pay applies also if a candidate or the Customer choose additional contact routes after a match has been made through the Service or if the candidate had applied for the job before the Customer posted the job offer on www.growmatcher.com. However, the Customer will receive a 50 percent reduction of the amount according to 6.2 if the Customer, within 30 days from the recruitment, proves that the recruited candidate had applied directly to the Customer before the job offer was posted on www.growmatcher.com.
If the Customer fails to notice Growmatcher within 30 days from signing a candidate through Growmatcher, Growmatcher has the right to invoice an additional fee of 20 000 SEK on top of the cost of the Service defined in 6.2. Growmatcher has the right to invoice a fee of 20 000 SEK for each candidate that the Customer recruits through the Service and that the Customer hasn't notified Growmatcher about within the defined time period. Growmatcher can, upon request and after an individual evaluation decide to void this additional cost.
As regards any services for which no specific price has been agreed in writing, Growmatcher's standard fees, applicable at the time of delivery, shall apply. All prices are exclusive of VAT and similar taxes.
Except for Regular User Support, services provided by Growmatcher in connection with support requests by the Customer are not included in the prices for the Service set out in these Terms.
Growmatcher has the right to change the price of the Service. An increase of price shall be notified on the website at least thirty (30) days in advance.
Payment must be made within thirty (30) days from the date of the invoice in accordance with directions specified on the invoice. In case the Customer have objections to an invoice, the Customer shall pay the undisputed part of the invoiced amount by the due date.
Any overdue payment shall carry interest in accordance with the Swedish Interest Act (SFS 1975:635). In addition to other available remedies, Growmatcher may immediately suspend the Service with immediate effect pursuant to section 7, if full payment is not received when due.
7. Availability of the Service
Growmatcher may decide to change, suspend or discontinue the Service. Growmatcher may also modify the prices upon reasonable notice.
The Customer may always decide to close its account and end its use of the Service.
The Customer is always obligated to pay for the Service according to section 6 even if the Service for reasons stated in section 7.1-7.2 is terminated.
Growmatcher do not store or keep showing any information and content that the Customer has posted. Growmatcher is not a storage service and the Customer agrees that Growmatcher have no obligation to store, maintain or provide a copy of any content or information that the Customer or others provide, except to the extent required by applicable law and as noted in the Privacy Policy.
After termination of the Service the following sections of the Terms shall survive, section 7 (Availability of the Service), section 8 (Personal Data), section 9 (Confidentiality), section 10 (Intellectual Property Rights), section 12 (Limitations of liability and warranties) and section 15 (Governing law and disputes)
8. Personal Data – GDPR and cookies
Growmatcher has a Privacy Policy which contains provisions on Growmatcher's management of Personal data, personal information or other information concerning the users of the Service.
When visiting www.growmatcher.com and when using the Service Growmatcher may use technical measures such as cookies and web beacons in order to install and use cookies. More information regarding these technical measures and instructions on how to opt-out is available in the Privacy Policy.
9. Confidentiality
Neither party may disclose to a Third-Party any information received from the other party, which is confidential, or can reasonably be assumed to be confidential, including, without limitation, any technical information, information on business secrets, source codes, login information or security methods for access to the Service. This does not apply to information that (i) is or becomes publicly known without the breach of these Terms; (ii) was known to the receiving party prior to receipt from the disclosing party or disclosed by a Third-Party without any obligation of confidentiality; or (iii) the disclosure is required by law, regulatory body or an agreement with a stock exchange where the party is listed, or similar. Each party is responsible for ensuring that their sub-contractors, consultants and employees respect corresponding confidentiality obligations.
The Customer is aware that Growmatcher may gain access to the data that the Customer shares within the Service. Growmatcher will not use this data for any other purpose than to fulfill its obligation according to the Terms with the Customer.
10. Intellectual Property Rights
Growmatcher and/or its licensors hold all intellectual property rights to the Service and Growmatcher's website, including any updates, files or data being uploaded to or performed on the Service by Growmatcher, as well as to the software and source code included in the Service. This includes, without limitation, any patents, copyrights, design rights and trademark rights related thereto. Nothing in these Terms shall be interpreted as a transfer of such rights, or part thereof.
If a Third-Party makes an intellectual property claim against the Customer based on the Customer's use of the Service, the Customer shall (i) immediately notify Growmatcher in writing of the claim and relevant circumstances; (ii) allow Growmatcher at its sole discretion and expense, to control the defense of the claim and decide on conciliation in the Customer's name; and (iii) act in accordance with Growmatcher' instructions, assist and cooperate with Growmatcher to the extent reasonably requested by Growmatcher, and issue any and all documents (including powers of attorney) needed, without any cost to Growmatcher.
Paragraph 10.2 applies correspondingly to the Customer's obligation to hold Growmatcher harmless if any Third party brings action or demands against Growmatcher due to the Customer's use of the Service. Growmatcher, however, always have the right to request the Customer to immediately cease the use of the Service.
Growmatcher is not responsible for any infringement of another's rights caused by the Customer's use of the Service in violation of the Terms through the Customer's modification of the Service or by the Customer's use of the Service in combination with other equipment in such a manner that an infringement occurs. The Customer shall hold Growmatcher harmless of any and all costs, fees, damages, claims and other expenses caused by such modification or use.
This paragraph 10 regulates the liability of the parties on the occasion of the comprehensive invasion of another's intellectual property rights.
11. Third-Party Applications
Through the Service and/or Growmatcher' website www.Growmatcher.com, the Customer may be able to access and install Third-Party Applications for use within the Service. The Customer is aware that such Third-Party Applications are provided and licensed to the Customer by the applicable third parties, which are unaffiliated with Growmatcher.
The Customer acknowledges that (i) the Customer must use its own discretion when accessing, installing and using any Third-Party Applications; and (ii) the Customer's use of any Third-Party Application will be governed by terms and conditions of an agreement between the Customer and the applicable Third-Party (which may include fees and costs), to which Growmatcher is not a party. The Customer shall always use any Third-Party Applications in accordance with the agreements between the Customer and the applicable third parties as well as all relevant laws and regulations and bears sole responsibility for such compliance. The Customer shall indemnify Growmatcher from and against any costs or claims, arising out of the Customer's use of any Third-Party Applications.
Furthermore, the Customer agrees and acknowledges that any Third-Party Applications, and applicable third parties, may obtain access to Personal Data, and to store, process and transmit Personal Data outside the Service, as well as data pertaining to the Customer's use and/or configuration of the Service. Growmatcher is not responsible for any collection, transmission, disclosure, use or deletion of Personal Data by or through any Third-Party Applications or such third parties. Any processing of personal data by third parties in connection with Third-Party Applications will be subject to processing agreements to be entered into between the Customer and such third parties.
Growmatcher does not own or control any of the Third-Party Applications, and the Customer shall not hold Growmatcher responsible for any Third-Party Applications under any circumstances. Growmatcher does not in any way warrant the functionality, quality, reliability, security, completeness, usefulness or non-infringement of a Third-Party Application. Consequently, the Customer bears all risk associated with accessing, installing and using any Third-Party Applications. Any support and maintenance of Third-Party Applications is to be provided by the applicable third parties, only, in accordance with the agreement between the Customer and such Third-Party. Failure of applicable third parties to provide support, maintenance or other services shall not entitle the Customer to any refunds or other compensation by Growmatcher.
Any additional services provided by Growmatcher to the Customer in relation to Third-Party Applications, including without limitation integration and similar consultancy services, shall be governed by a separate service agreement(s) to be entered into between the Parties.
12. Limitations of Liability and Warranties
The Customer is aware and agrees that the Service is only a software for matching the Customer with potential candidates. Growmatcher do not guarantee that the use of the Service will result in a match. Growmatcher do not guarantee that the candidate will be employable. Growmatcher is not responsible for an eventual employment relationship.
The Customer is aware and agrees that the Service may contain minor technical errors, known as bugs. The Customer therefore acknowledges and agrees that software completely free of errors cannot be attained within the software industry.
Except for what is expressly set out in these Terms, the Service is provided on an "as is" basis and Growmatcher makes no warranties or representations, whether expressed or implied, in relation to the Service, including to the completeness, accuracy, reliability, satisfactory quality and/or fitness for a particular purpose of the Service.
Growmatcher is not in any event liable for any cost, damage or loss of any kinds caused by or related to (i) any Third parties, Third-Party products or services, including but not limited to Third-Party Applications; (ii) modifications or changes to the Service made by anyone other than Growmatcher or made according to the Customer's or its suppliers' instructions, or (iii) the Customer's loss of customers, business, profit, revenue, savings, or goodwill, loss due to operational, power or network interruptions, loss of data or information, the Customer's potential liability towards a Third-Party or other indirect or consequential damage of any kind.
Unless otherwise agreed or implied by these Terms, a party's liability is limited to direct damages caused by the party or by a Third party which the party is responsible for through negligence. Growmatcher is not liable for damage caused by computer viruses or the equivalent, delay, corruption or loss of data, or any liability of the Customer's vis-à-vis third parties.
Growmatcher's total and aggregated liability under these Terms is limited to the amount paid by the Customer for the Service or for any other service that the claim relates to, during the six (6) month period prior to the time the damage occurred.
Growmatcher shall not in any event be liable to pay damages if the Customer does not notify Growmatcher in writing thereof within thirty (30) days after the Customer noticed, or should have noticed, the actual damage or loss, however in no event later than three (3) months from when the damage occurred.
No party shall be liable to the other party for failure to perform its obligation under these Terms if such performance is prevented by circumstances beyond the control of the party, including, but not limited to, acts of authorities, strikes or other difficulties on the labor markets, general shortage of supplies, fire or loss of electricity, communications or data.
Limitations of liability do not apply in cases of intent or gross negligence or when such liability as provided by law.
13. Shortcomings in the Service
If the Customer wishes to file a complaint due to shortcomings in the quality of the performance of the Service, the Customer shall, unless other is stated in these Terms, send a written complaint to Growmatcher without delay after the shortcoming has been detected. The complaint shall contain a description the shortcoming and how it effects the Service.
Growmatcher starts troubleshooting and correction of notified shortcomings as soon as possible where severe errors that significantly affects the function of the Service are given priority over less severe bugs and shortcomings.
Growmatcher has no obligation to remedy the faults and defects resulting from or attributable to third party communications networks, caused by bad transmission or reception conditions for data communication, or caused by a virus or other external attack in the Customer's or third-party's software, or when the error otherwise is caused by third parties or by circumstances beyond Growmatcher's control.
Growmatcher will leave support to Customers by e-mail info@Growmatcher.com.
14. Miscellaneous
These Terms together with the Privacy Policy constitutes the entire agreement between the parties, with respect of the subject matter thereof. It supersedes all prior or contemporaneous agreements or understandings.
Growmatcher may make amendments to these Terms by giving the Customer three (3) months' written notice. Amendments will be effective as from the next yearly payment period.
The Privacy Policy may be updated without prior notice. The latest version will be posted on www.Growmatcher.com
15. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with Swedish law.
Any dispute, controversy or claim arising out of, or in connection with, in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by court in Stockholm with Stockholms tingsrätt as first instance.