GENERAL CONDITIONS OF USE
These General Conditions apply to the online recruitment platform offered by the company e-thichr sàrl, (the 'Company') established and having its registered office at 6, rue de Hasselt L-994 Beiler, Luxembourg and accessible on its various web domains, including all of its tree domain names (the 'Platform'). The Company provides its users with tools for publishing content, communication and research throughout its database. The Company also allows employers and individuals to be connected, whether they are actively looking for a job or listening to opportunities (the 'Services').
The 'User' means any person who uses the Platform, or one of the Services offered on the Platform.
The 'Candidate' designates any User who applies for a job offer proposed by another User.
1. APPLICATION OF GENERAL CONDITIONS
Any access and any use of the Platform made for any reason whatsoever, implies the unconditional acceptance, by the User, of these General Conditions as well as all the modifications which will be made to them in the future . The applicable General Conditions are those in force on the Platform each time the User visits. In the event of refusal of one of the provisions of these General Conditions, for whatever reason, the User agrees to immediately cease all browsing on the Platform.
Any access and any use of the Platform made for any reason whatsoever, implies the unconditional acceptance, by the User, of these General Conditions as well as all the modifications which will be made to them in the future . The applicable General Conditions are those in force on the Platform each time the User visits. EThe company reserves the right to modify these General Conditions. These modifications and updates are binding on the User, who must therefore regularly refer to the information published on the Platform to check the General Conditions in force. 'for whatever reason, the User undertakes to immediately cease all browsing on the Platform.
In the absence of an express contrary provision, all the updates made and new services offered by the Platform are also subject to the application of the General Conditions.
Any registration subsequent to the date of publication of the modified General Conditions will be deemed to have been made by consenting to the new version of the General Conditions.
2. CONDITIONS OF REGISTRATION
2.1. CREATION AND VALIDATION OF ACCOUNT
Only natural persons aged eighteen (18) or over - or who have reached the legal age in their country of residence, can register or have obtained the agreement of their legal representative (parent or guardian) if the User is a minor and any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
When registering, the User must provide certain information concerning him, including his surname, first name and address. The User undertakes to provide the Company with fair, complete, accurate and up-to-date data. The User is solely and fully responsible for the accuracy of the information transmitted in connection with the creation of his account. In the event of non-compliance with this obligation, the Company reserves the discretionary right to delete the account without notice.
Creating an account requires providing a valid email address which will then be used by the Company to contact it. Any notification made to this address will be deemed to be received the next working day. Users are solely responsible for the confidentiality of their password and account Any use made through the account or email address of a User is deemed to be carried out by the latter.
At any time and for no particular reason, each User may terminate their registration by using the appropriate functionality made available to them on the Platform. This termination does not entail any reimbursement on the part of the Company of any financial participation paid or remaining due for the use of the Services.
In the event of non-compliance with these General Conditions, the Company reserves the right to suspend or terminate the registration of Users at any time without notice, or reimbursement by the Company of any financial participation paid or remaining due for the use of the Services without prejudice to the damages which may be obtained by the Company, if necessary, authorized or made compulsory by law or by a decision of a competent judicial or administrative authority. The User concerned will be informed by e-mail of the suspension or termination of their registration.
2.2. USE OF ACCOUNT
The User is also responsible for all operations carried out through his account.
The User agrees to notify the Company as soon as possible of any fraudulent and unauthorized use of his account or of any security breach. The Company will not be held liable under any circumstances for any direct or indirect loss of any kind whatsoever that would result from the fraudulent use of a user's password or account, without their knowledge or not.
The User obtains the right to personally use the Platform for own purposes in accordance with these General Conditions. If the User allows a third person to use their account, the Company considers that the User will be held responsible for any fraudulent and unauthorized use made by this person.
For legal persons, use can only be made for their own needs. In no case shall the transmission of individual profiles or data to third parties be authorized, except with the express written authorization of the User concerned by the data.
Communication between Users on the Company platform is entirely their responsibility. The Company is not responsible for the words or the behavior of its Users.
The recruitment of Candidates is not part of the services of the Company. The Company will do everything necessary to provide a quality candidate database service, but in no way guarantees the success of their recruitment.
4. OBLIGATIONS OF THE PARTIES
4.1. OBLIGATIONS OF USERS
As part of the use of the Platform, each User undertakes to:
- comply with these General Conditions;
- comply with applicable laws and regulations;
- not to publish defamatory, sexual, obscene, pornographic content, contrary to morality or respect for private life or any other illegal content;
- not to undermine public order;
- not to disclose information that is inaccurate or contrary to reality;
- not to damage the reputation of User or of a third party;
- not to incite violence, racism, xenophobia, and in general not to incite non-compliance with the law;
- respect the rights of third parties and other Users (in particular concerning their intellectual property rights and the confidentiality of their data);
- not to participate in unauthorized promotional campaigns (“spam”).
The User is solely responsible for editing and publishing any editorial or graphic content.
It is strictly forbidden to fraudulently access a Service or an account by hacking, password exploitation, or by any other means.
The Company reserves the right to suspend or terminate the registration of Users in the event of non-compliance with the rules mentioned above, without notice and without reimbursement on the part of the Company of any financial participation paid or remaining due for use of the Services.
4.2. OBLIGATIONS OF THE COMPANY
The Company undertakes, as part of an obligation of means, to take all the care and diligence necessary for the implementation of a quality service. It does not burden the Company with any obligation of result or enhanced means of any kind. The Company undertakes to do everything in its power to ensure continuity of access and use of the Platform, 7 days a week and 24 hours a day. The Company cannot however guarantee 100% availability.
The Company offers a technical platform for the exchange of information between Users and in this regard only hosts the content that Users disseminate through the Platform. As such, the Company will only intervene if necessary to adapt the content that Users disseminate, to the appearance of the Platform and its technical specifications.
The Company reserves the right to control, modify or censor the content that the User disseminates on the Platform, if this is necessary, authorized or made mandatory by law or by a decision of a competent judicial or administrative authority.
The Company reserves the right to promptly withdraw any manifestly illegal content as soon as it becomes aware of it. Thus, for example, in the event of an indication (s) suggesting an infringement of the intellectual property rights of a third party, the Company reserves the right to withdraw the photos, images or any other contentious content disseminated by a User.
In any event, if the responsibility of the Company should be engaged, whatever the circumstances, it may not exceed 100 Euros in total. Within the limits provided by applicable law, it is up to the User to provide proof of the fault of the Company.
Users will keep the Company safe and unharmed against any action, procedure, complaint, request, attorneys' fees, expertise, tax costs, damages and any advance made, linked to non-compliance with the provisions of these General Conditions.
5.1. RESPONSIBILITY FOR THE OPERATION OF THE PLATFORM
The User must have all the minimum technical equipment required to ensure the normal operation of the Platform. This equipment must also be correctly configured. Thus, the User must use either Firefox 55 (or other more recent version)) or the MAC OS browser (Safari 10.0 (or other more recent version) and Chrome 60 (or other more recent version))
The Company does not guarantee the proper functioning of the Platform if the technical specifications mentioned above are not respected. The Company declines all liability in the event of interruption of the Platform's availability, in particular for technical maintenance operations, data updates, upgrades, improvements or technical developments. In general, the Company is not liable for delays due to content or technical problems. Under no circumstances may the malfunctioning or unavailability of the services give rise to compensation for Users, regardless of the prejudice suffered as a result of such malfunctioning or unavailability
The connection to the Internet network as well as the related costs are under the responsibility and at the expense of the User
5.2. RESPONSIBILITY FOR THE CONTENT OF THE PLATFORM
In the event of abnormal use or illicit exploitation of the Platform by the User, the User concerned shall be held solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may result therefrom
The User waives any claim against the company for any damage resulting from the content that he or she disseminates on the Platform (or that is disseminated on the Platform via his or her account). In particular, the Company shall in no way be held liable in the event of an infringement of the right to image, honour, reputation or privacy of a User or a third party
In general, the Company is in no way responsible for any content disseminated on the Platform that contravenes the rights of a User or a third party (in particular intellectual property rights)
Each User is entirely responsible for the content that he or she disseminates on or makes accessible via the Platform (or that is disseminated on the Platform via his or her account) and in particular if this content breaches a confidentiality clause or professional secrecy or if it infringes the rights of a third party. In this respect, the Company does not carry out any checks to verify the ownership of the rights relating to the content disseminated by Users on the Platform (or which is disseminated on the Platform via a User's account)
The Company may not be held liable for any direct or indirect consequences related to the accuracy or inaccuracy of information posted by a User on the Platform (or which is disseminated on the Platform via his account), in particular in the event of incomplete or erroneous information
5.3. RESPONSIBILITY FOR RECRUITMENT AND EMPLOYMENT RELATIONS
Employers undertake to comply with all of their obligations with regard to job offers and recruitment, in particular with regard to the obligation to notify the local Employment Administration in advance of any job vacancy. The employer shall remain solely liable in the event of failure to comply with its obligations in this regard
In accordance with Article 3 of these General Terms and Conditions, the Company may in no way be held responsible for the recruitment of a Candidate via the Platform as well as for all subsequent employment relationships
6. INTELLECTUAL PROPERTY
6.1. OWNERSHIP OF SITES
The Platform and all its contents are protected by copyright. The general structure as well as the brands, logos, slogans, graphics (including colours), photographs, animations, videos, animated or non-animated images, know-how, all or part of the software or programmes, texts and all other elements making up the Platform are the exclusive intellectual property of the company
The User is not authorized to extract or reuse, even for a non-substantial part quantitatively or qualitatively, the elements mentioned above
6.2. OWNERSHIP OF THE CONTENT
The User confirms by his registration that he has acquired, from the holders of copyright, related rights and any other rights, in particular intellectual property rights, all the exploitation rights necessary for the dissemination and publication on the Internet of documents, information and data and any other content and that he may freely dispose of them
Users grant the Company a license to use all content distributed on the Platform. This licence includes in particular the right for the Company to reproduce, represent, adapt, translate, scan, use for advertising purposes (commercial or not), sub-licence or transfer the content disseminated by Users (information, images, videos, descriptions, etc.)
The User is not authorized to extract or reuse, even for a non-substantial part quantitatively or qualitatively, the database to which the Platform gives access. The Company therefore prohibits the reuse, by making available to the public, of all or part of the contents of the database, in any form whatsoever
7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
The Company, as the person responsible for processing Users' data, attaches great importance to the security and protection of this data. The processing of personal data published on the Platform by Users is subject to:
To the Law of 2 August 2002 on the protection of persons with regard to the processing of personal data, as amended (the Law)
To the General Data Protection Regulation - European Regulation n°2016/679 (the Regulation)
When registering, the User agrees to provide a certain amount of personal data including, in particular, his/her surname, first name, date of birth, e-mail address, postal address and telephone number (the Data) and to update them regularly. After completing and validating the registration form, the User will receive an email at the email address provided during registration. This e-mail contains the login data allowing the User to access his or her personal account. This connection data is composed of a user name. Password data is not communicated by encrypted masi mail. The User may request to regenerate a Password via a secure link. These connection data can be modified by the User, via the options proposed for this purpose on his account. The User remains solely responsible for the disclosure of Data, in particular sensitive Data as defined by the Law, which would not correspond to the Platform's objectives
The Data will only be processed for the purpose of creating and maintaining Users' accounts, to enable Users to be put in contact with each other, to enable Users to publish professional profiles and to make these profiles available to companies looking for profiles to recruit. The processing will also aim to enable each User to communicate with other Users or for other Users to contact him/her through the Platform and to send him/her useful information concerning the company's services and those of its partners if he/she so wishes. They will not be used for any other purpose and will be deleted from the system as soon as his User account is deleted, and after 6 months without connection to the Platform
In some cases, the provision of certain Data may be mentioned as optional, but some Platform tools can only deliver results if this Data is provided
Each User may access at any time, free of charge and freely, his personal file to consult, modify, change or delete his Data (including those concerning him with recruiters) via his account, from the options provided on his personal page. The Private User is free to terminate his relationship by closing his account at any time and free of charge
The Company shall in no way be considered responsible for the processing of personal data that may have been copied by other Users. As a result, the Company will not be able to delete this information from their systems
In order to provide the Services, the Company may communicate User Data to subcontractors in order to provide certain services such as hosting on web servers, customer service, credit card payment operations. These subcontractors may in some cases be located in countries outside the European Union that do not ensure an adequate level of protection and will have limited access to User Data. In any case, these subcontractors will only act on the instructions of the Company, will ensure the security and confidentiality of the Data and will not be able to share the Data with third parties
The Company shall take all necessary precautionary measures to ensure the security of the Data. However, the User declares that he/she is aware of and accepts the operating characteristics of the Internet and the technical limits relating to its use and security. Thus, when communicating his Data, the User is aware that other Internet users may be able to view his Data or any other information disseminated via the Platform
The User is obliged to respect the provisions of the Law, the violation of which is punishable by criminal sanctions. The User must refrain, with regard to the Data to which he or she has access, from any collection, any misappropriation, and generally speaking, from any act likely to infringe the privacy or reputation of individuals. The transfer of Data to non-Users is strictly prohibited unless authorised by the User concerned
The User must refrain from any fraudulent introduction of Data and from any modification or deletion of Data that is recorded. All Users are required to treat with the utmost confidentiality the messages and Data to which they have access when using the Platform
The rates in force for the use of the Company's services are those appearing on the Platform on the day of purchase of the Service. The rates may be revised at any time by the Company. Insofar as the User wishes to subscribe to a paying Service, the User will be informed in advance of this paying nature. The fees for the Services and the terms of payment will be communicated to him prior to payment. The subscription will be automatically renewed monthly, quarterly, half-yearly, annually or according to the duration established in your plan by tacit agreement. The subscription may be terminated, free of charge, by the Customer by registered letter to 28 Gruus-stroos, L-9991 Weiswampach with one month's notice before the expiry date. Termination shall take place automatically on the last day of the month following the month in which the Company receives the letter of termination
9. TERMS OF PAYMENT
Payment of fees due shall be made in advance, without discount, to the Company. The sum shall be debited automatically from the User's bank account or shall be the subject of a bank transfer
By registering and providing his bank details or credit card details, the User grants the Company an authorisation to direct debit or debit his credit card. The Company reserves the right to suspend the User's account in the event of non-payment by the User until receipt of full payment
10.1.What is a cookie?
A cookie is a small text file containing information stored by a website on a computer or by a mobile application on a User's smartphone or tablet
Cookies offer the possibility to identify you and to memorize various information in order to facilitate your navigation on a mobile site/application, to ensure their proper functioning or to make them more efficient, for example by memorizing your language preferences
10.2.Which cookies are used on our website and why?
We use different types of cookies for different reasons.
The Platform is independent of any other site or Internet resources with which it is linked or linked by a hyperlink or similar technical process
While browsing the Platform, you may sometimes click on links to access third party sites. The Company has no control over these sites and accepts no responsibility for their accessibility or for the information they contain. The Company cannot under any circumstances be held responsible for the availability of sites that are the subject of a hypertext link from the Platform and cannot accept any responsibility for the content, products and services available on or from these sites. The Company may under no circumstances be held liable for any loss or damage resulting from the use of this third party site or the transactions carried out. The User acknowledges that the use of these third party sites is subject to the terms and conditions defined on these sites. Only links to the home pages are authorised and the Company reserves the right to request the removal of any reference that it deems, at its sole discretion, inappropriate
12. FORCE MAJEURE
Acts of God are considered to be cases of force majeure if they are usually retained by Luxembourg law as the law applicable to these General Terms and Conditions, such as attacks, wars, bad weather, blockage of means of transport, telecommunications or supplies, fire, storm, flooding, water damage (insofar as the Company has not itself caused or contributed to these events). Any unforeseeable, irresistible events outside the party prevented from fulfilling its obligations shall also be considered as cases of force majeure
In the event of an event of force majeure, the Company may be forced to interrupt the availability of the Platform in whole or in part without prior notice. As far as possible, the Company shall take all necessary measures to restore access to the Services as soon as possible. However, in this context, the Company may under no circumstances be held liable for such interruptions and/or delays in restoring access
13. GENERAL PROVISIONS
No modification, no document may give rise to rights or obligations not included in these General Terms and Conditions if they have not been the subject of a new agreement between the parties
The contractual relations between the company and each User are governed by Luxembourg law
Within the framework of this agreement, the Company and the User agree that the competent courts are the courts of the district of Luxembourg
Access to the Platform from a foreign jurisdiction is at your own risk. In particular, the User shall be fully and solely responsible for the direct and indirect consequences resulting from non-compliance with the legislation applicable in this jurisdiction. The Company shall in no way be held liable in this respect
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