HFBG Holding B.V. (HeadFirst) grants certain professionals access to Select Academy. To gain access to it, you must use the (paid) premium, excellent, advanced or complete services provided by HeadFirst and/or its affiliates. You may also use Select Academy if your supplier has made arrangements with us in that regard.
If you have access to Select Academy, you can use an online knowledge subscription. This is a collection of digital educational resources such as courses and training you can attend online, as well as documents such as e-books and exams. If you have been put on an assignment, you will automatically have access to an online knowledge subscription, without additional costs.
Article 1 – Definitions and Interpretation
1.1. The following definitions apply:
Account: The personal account that gives Users access to the Services.
Active Assignment: A contract for services between an Independent Professional or Supplier and a Group Member (i) pursuant to which the Professional referred to in the contract for services will provide services to a client of the Group Member and (ii) which states that the Group Member’s premium, excellent, advanced or complete services are being used.
Content: All content made available to the User through Select Academy, including but not limited to the Digital Educational Resources, know-how, documents, texts and the Service’s layout and ‘look and feel’.
Service(s): HeadFirst granting the User access to Select Academy and offering the Online Knowledge Subscriptions, Content and functionalities available in it.
Digital Educational Resources: All digital educational resources offered within the Select Academy environment, such as e-learning, training courses, live labs, exams (including mock exams), instruction videos, e-books, audiobooks and online expert sessions.
User(s): Independent Professionals and Professionals who have access to the Services.
Group Members: HeadFirst B.V., Source Automation B.V, Myler B.V., Jenrick Nederland B.V., Between Staffing Nederland, Fast Flex B.V., Fast Flex Sourcing B.V., Staffing Management Services B.V. and EXPR B.V.
HeadFirst: HFBG Holding B.V., with its registered office at Westwalstraat 17-B, (1411 PC) Naarden, the Netherlands, Chamber of Commerce number 80349269.
Log-in Details: The User’s username and password for the Account.
IP Rights: All intellectual property rights and associated rights, anywhere in the world, including patent rights, copyrights, related rights, trade mark rights, design rights, database rights, performance on a par with patentable inventions (eenlijnsprestaties) and rights to know-how.
Supplier: A legal entity having one or more Active Assignments under which it deploys a Professional to one or more Group Members for the purposes of providing services to Group Members’ clients.
Professional: An employee or other professional (self-employed contractor) who has concluded an employment contract or employment for services with a Supplier and who is referred to in the Active Assignment as the professional providing the services to the Group Member’s client.
Online Knowledge Subscription: A collection of Digital Educational Resources selected by or for HeadFirst and provided through Select Academy.
Educational Partners: Organisations which are not part of HeadFirst and/or its affiliates and which offer Digital Educational Resources through Select Academy that are not part of an Online Knowledge Subscription.
Select Academy: The platform www.mycademy.nl/select where Online Knowledge Subscriptions and Content are offered.
Independent Professional: An independent professional (self-employed contractor) providing services for a Group Member’s client in the context of an Active Assignment.
Article 2 – Applicability and amendments
2.2 Any general terms and conditions of the User or third parties explicitly do not apply to the Services and HeadFirst does not accept them.
Article 3 – Services
3.1 The Services comprise enabling the User to create an Account enabling them to gain access to Select Academy. Users with an Active Assignment have automatic access to one or more Online Knowledge Subscriptions; the relevant Digital Educational Resources are provided in Select Academy.
3.3 All Services are provided on the basis of a best efforts obligation unless and to the extent that HeadFirst has expressly promised a result to the User and provided that this result has been described with sufficient specificity.
3.4 If and to the extent allowed by law, HeadFirst is at all times entitled to amend the substance and scope of the agreed Services, Online Knowledge Subscriptions and Content, for instance if it considers this appropriate or necessary for technical or commercial reasons.
3.5 HeadFirst reserves the right to amend the log-in process and/or Log-in Details if it considers this necessary for the functioning of the Services and Select Academy.
Article 4 – Licence, Access and Availability of Select Academy
4.2 HeadFirst ensures that the Services and Select Academy remain available and maintains and updates Select Academy if it considers this necessary.
4.3 The availability of the Services and Select Academy does not extend to the source code of the software it is based on.
4.4 HeadFirst is authorised to take technical measures to protect the Services and Select Academy from unlawful use and/or use in any other way or for any purposes other than those agreed between the User and HeadFirst. The User may not remove or circumvent (or arrange for a third party to remove or circumvent) technical measures intended to protect the Services and Select Academy.
4.5 HeadFirst reserves the right to decide, without further explanation, not to allow a User to create an Account, or to deny or refuse a User access to all or part of Select Academy, to the extent that this is legally permitted without being obliged to pay any compensation for direct or indirect damage.
Article 5 – The User’s obligations
5.1 The User is fully responsible and liable for anything they do with or in the context of using the Services and Select Academy.
5.3 The User is responsible for the availability of the facilities needed to access the Services and Select Academy.
5.4 The User is responsible for any use (including unauthorised use) of Select Academy through their Account. The User must keep their Log-in Details confidential. The User may not share their Log-in Details with third parties, unless agreed otherwise in writing.
5.5 The User must adhere to all reasonable instructions given or requests made by HeadFirst regarding the use of the Services and Select Academy.
Article 6 – Fees and payment
6.1 For Users with Active Assignments, the costs for the Services are included in the fees the Independent Professional and/or Supplier already owes HeadFirst. HeadFirst does not charge additional costs to Independent Professionals and/or Suppliers for the Services.
Article 7 – Content
7.2 HeadFirst endeavours to achieve and maintain a high level of the Content provided in Select Academy, but provides no guarantees and is not liable for any damage due to incorrect, incomplete, obsolete, infringing or otherwise unlawful Content. The User bears the entire risk and responsibility of their use of the Content. HeadFirst does not provide any guarantees with respect to the quality, suitability and availability of the Content in Select Academy.
7.4 If a User is of the opinion that any Content in Select Academy is incorrect, incomplete, obsolete, infringes that User’s or a third party’s rights or is otherwise unlawful, the User can notify HeadFirst of this by sending an email to firstname.lastname@example.org. HeadFirst will deal with the notification as soon as possible and – if it is obliged to do so or if it considers it necessary – remove the relevant Content without undue delay.
Article 8 – Term and termination
8.2 Online Knowledge Subscriptions are valid as long as a User provides services on the basis of an Active Assignment. If this is no longer the case, the relevant Online Knowledge Subscription will lapse automatically two months after the Active Assignment has ended. If the Services referred to in Article 8.3 end, the relevant Online Knowledge Subscriptions will end automatically.
In addition to the other (legal) remedies available to HeadFirst, it is at all times entitled to suspend, terminate or close down Services or parts of them to specific Users, to temporarily or permanently delete Accounts or to issue a warning, without indicating the reasons and without prior explanation, in particular – without limitation – if:
If Headfirst terminates an Account and/or the Services, it will not be liable and will not reimburse any costs.
Article 9 – IP Rights
Article 10 – Personal data
10.1 HeadFirst processes Users’ personal data. HeadFirst can be classified as a controller in that regard. HeadFirst processes personal data, as explained in more detail in the Privacy Statement.
Article 11 – Liability
11.1 HeadFirst is not liable for any direct or indirect damage the User sustains, on whatever grounds. To the extent that liability cannot be excluded on the basis of the law, HeadFirst will only be liable towards the User for demonstrable direct damage attributable to HeadFirst and only if the User has sent HeadFirst a registered and sufficiently detailed letter of default, without delay (and no later than one month after the defect has been identified), granting HeadFirst a reasonable period of at least thirty days to perform its obligations properly.
11.2 HeadFirst is never liable for indirect damage, consequential damage or damage caused by loss of revenue or profit, loss of goodwill, loss of savings, damage caused by delay, business interruption, damage caused by the destruction or loss of data or documents, damage resulting from claims of the User’s customers, damage due to breach of time limits resulting from altered circumstances, damage due to HeadFirst giving advice or information that does not explicitly come under the Services, and damage related to the use of third-party goods, materials or software which the User has instructed HeadFirst to use.
11.3 The exclusions and limitations of liability in this article apply in full to HeadFirst’s directors, management, employees, representatives and legal successors, and such persons may invoke this article directly.
Article 12 – Miscellaneous
12.2 Unless the parties agree to arbitration or a binding third-party opinion, all disputes arising from or relating to the agreement will be submitted exclusively to the competent judge of the District Court of Amsterdam.
12.5 HeadFirst is authorised to assign all or part of the rights and obligations under the agreement to a third party.
12.6 Electronic communications sent by HeadFirst are considered to have been received on the day they are sent, unless the User provides evidence to the contrary.