General terms and conditions of use

GENERAL TERMS AND CONDITIONS OF USE FOR THE MOOVIJOB.COM WEBSITE SERVICES AND EVENTS ORGANIZED BY MOOVIJOB

14/12/2020

Article 1: Definitions

General Terms and Conditions of Use (GTCU)

User: A natural person or legal entity that uses Moovijob's services, whether it is the moovijob.com website, or the services relating to recruitment events organized by Moovijob, including:

-          Consultant user: Any Internet user using the moovijob.com website to consult the content accessible without prior registration or identification. This use is entirely free of charge;

-          Candidate user: Natural person who uses the services of Moovijob in order to find a job, training, or information relating to the world of work. This user has created a candidate account or has proceeded to his identification;

-          Client user: Natural person or legal entity that uses the services of Moovijob in order to offer a job, a training, or information relating to the world of work or in order to search for candidates.

Moovijob: Europa Plurimedia Synergie S.A. is a company with a capital of €74,300, having its registered office at 24-28 Rue Goethe, L-1637 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under the reference B128200. VAT number: LU21 84 87 81. Telephone: +352 24 87 37 80. Email: contact@moovijob.com

Moovijob.com: website operated by Europa Plurimedia Synergie S.A., accessible at www.moovijob.com; it includes the infrastructure and implementation of texts, sounds, still or animated images, videos and databases.

Blog: Space used for the consultation of articles.

CV: Curriculum Vitae, in paper or electronic format

CV bank: Electronic CV library

Event Alert: Feature for receiving an email on a regular basis when an event corresponding to the criteria selected by the user is posted on the website.

Forum: Online space for discussions and written exchanges.

Job Alert: Feature for receiving an email on a regular basis when a job offer corresponding to the criteria selected by the user is posted on the website.

Newsletter: Information document sent periodically by e-mail.

Article 2: Object

The object of these Terms and Conditions of Use is to provide a legal framework for the use of moovijob.com and its services and products in the broadest sense as well as for participation in an event organized by Moovijob.

This contract is concluded by and between Moovijob, manager of moovijob.com and event organizer, and any natural person or legal entity wishing to access the website and its services or to participate in an event, i.e. any user.

The Terms and Conditions of Use described herein must be accepted by any user prior to accessing moovijob.com. Access to the website's features or to an event organized by Moovijob shall entail acceptance of said terms and conditions. Otherwise, the user shall not be authorized to use our services nor to access our events. The Terms and Conditions of Use can be amended at any time by Moovijob. Users will be informed accordingly thereupon.

Article 3: Legal notice

Moovijob.com is managed by Europa Plurimedia Synergie S.A.

Moovijob events are organized by Europa Plurimedia Synergie S.A.

The company is represented by Mr. Bertrand Cuinet, Managing Director and day-to-day manager of Europa Plurimedia Synergie S.A.

Website host: OVH, having its registered office at 2 rue Kellermann, F-59100 Roubaix France

Article 4: Internet Access

The client acknowledges being aware of the characteristics and limitations of the Internet. No replacement service will be provided if all or part of the services marketed on moovijob.com cannot be used in whole or in part temporarily, irrespective of the cause or failure.

The use of the Internet may present risks of intrusion by third parties. The client alone shall bear the consequences of any misappropriation of the information that he or she will have transmitted to Moovijob for distribution on moovijob.com.

The client shall remain solely responsible for any damage caused to their computer system or loss of data that may result from the downloading and/or use of the information hosted by Moovijob or the services and products offered by Moovijob on its website.

Moovijob has no means of controlling the sites or sources for which a link is likely to be created on moovijob.com. No guarantee shall consequently be given concerning these websites or sources. Moovijob reserves the right to delete any link referenced on its website that would present content that contravenes applicable legislation, public order or these Terms and Conditions of Use.

Article 5: Access to moovijob.com services

Any user consulting moovijob.com shall have access to the following services without creating an account or prior identification:

·        Consultation of job offers;

·        Consultation of training offers via a redirection to our partner’s website;

·        Consultation of company data;

·        Consultation of the blog;

·        Consultation of forum discussions.

The following services shall be available to all candidate users who have created a candidate account on moovijob.com, and/or after logging in:

·        Creation and management of a personal account (private or otherwise);

·        Consultation of job offers and the possibility to apply for them;

·        Consultation of training offers via a redirection to our partner’s website;

·        Consultation of company data;

·        Consultation of the blog;

·        Consultation of forum discussions;

·        Possibility to participate in discussions on the forum;

·        Registration for events;

·        Subscription to newsletters;

·        Setting up Job Alerts and Events Alerts.

Our client users shall have access to the following services:

·        Possibility to buy products online (Job offers, CV bank, ...);

·        Possibility to publish one or more job offers;

·        Possibility to access one or more CV banks;

·        Possibility to register for an event;

·        Possibility to fill in their company file;

·        Possibility to participate in a discussion in the forum;

·        Possibility to buy communication services (social network promotion, banner, blog article, etc).

Any user with an internet connection can access moovijob.com from anywhere. The costs incurred by the user to access it (internet connection, computer equipment, etc.) shall not be borne by Moovijob.

The website and its various services may be interrupted or suspended by Moovijob, in particular during maintenance, without prior notice or justification.

Article 6: Specific access to services relating to events

Moovijob also organizes employment, training and career events in Luxembourg and the Greater Region. Moovijob makes it possible for the candidate users and client users to meet physically so as to promote exchanges and recruitment.

Some of our events, e.g. the general Moovijob Day fairs, are accessible to all users. Registration is therefore not mandatory. Access to other specialized events, such as the Unicareers trade show or Moovijob Night, is possible only with the prior registration by the candidate user, validation of the profile, and invitation to take part.

Registering for a specialized event automatically creates a candidate user account on moovijob.com.

For events that require mandatory registration, Moovijob will check the suitability of the registered profiles with the needs of the client users, taking into account the limited number of registered users. On this basis, Moovijob reserves the right to invite or refuse whoever it deems appropriate, without having to justify its decision. It is worth noting that only professional criteria and logistical considerations are taken into account (need of the client users - sector of activity, etc.) to the exclusion of all elements that could characterize discrimination of any kind.

Prior to the event

Any consulting or candidate user shall have access to the following services on the event website(s):

·        Consultation of the companies present at the event;

·        Consultation of company files written by the client users;

·        Consultation of job or training offers;

·        Possibility to register for an event.

Our client users can have access to the following services:

·        Possibility to publish their company file;

·        Possibility to publish job or training offers;

·        Possibility to prepare their virtual space in case of a virtual event.

Day of the event

Once authorized to enter the event, candidate users shall have access to client users to interact. Such interactions shall take place orally, but also via paper (e.g. CVs) or electronic documents.

Users shall explicitly agree to respect the professional purpose of these meetings, proceed with circumspection and propriety befitting the circumstances of a professional nature and in general to respect the law, public order and morality of the place of the event.

The users shall be informed that Moovijob never intervenes in the interactions between the candidate users and the client during the events and cannot incur any liability in this respect.

Moovijob shall under no circumstances be held liable if :

·        A client user, initially announced on the website of the event, is ultimately unable to attend;

·        A client user had to be temporarily absent from the event;

·        Incorrect information is exchanged while no control is operated by Moovijob;

·        Unwelcome, abusive, discriminatory, hateful or violent comments are made even though they are expressly prohibited;

·        Indelicate behaviour takes place.

In case of inappropriate behaviour, beyond the strict professional framework, denounced during the event, Moovijob reserves the right to cut off the user at issue effectively immediately.

If these Terms and Conditions of Use are breached at any time, Moovijob may decide to refuse entry, or suspend a user's participation in an event, without notice and without having to justify its decision.

The costs incurred by the users to access an event (travel costs, accommodation, etc.) shall not be borne by Moovijob. There is no entrance fee to a general or specialized event for consultant or candidate users invited to participate.

After the event

Client users shall have exclusive access to candidate users' CVs, except for candidate users who have decided to have or make their profile private or those who have deleted their moovijob.com account.

Moovijob has made sure that client users will comply with the obligations as set forth in Regulation EU2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The length of time our client users retain personal data of our candidate users shall depend solely on the client users' data protection policy. Moovijob cannot be held liable if one of these client users does not comply with the relevant regulations. 

Article 7: User responsibility concerning the use of the moovijob.com website

The user undertakes to use the moovijob.com website and Moovijob services in good faith and in strict compliance with Luxembourg, European or international laws and public order. This use must also respect the morality and good manners in force.

The user shall undertake to refrain from using Moovijob's services for any act that would result in granting illicit access to applications or data, harm the proper functioning of the services and moovijob.com or compromise the use or damage or destroy data. If the aforementioned requirements are breached, Moovijob reserves the right to suspend access with immediate effect, as soon as the disputed breach is noticed, without justification.

The profile created by a user must be true and virus-free.

In general, a user shall be forbidden from using moovijob.com for direct or indirect commercial purposes.

The user, whether candidate or client, shall bear responsibility for the risks associated with the use of his or her login name and password.

The user's password must remain secret. Moovijob shall not be held liable in any way if the password is disclosed.

The user shall assume full responsibility for the use he or she makes of the information and content present on moovijob.com.

On the forum, the users commit themselves to keep to respectful remarks and accept that their posts are moderated or refused by Moovijob, without the latter having to provide any justification.

By publishing on the website, a user shall grant Moovijob the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his or her publication.

Moovijob shall nonetheless undertake to cite the user if his or her publication is used.

Article 8: Liability of Moovijob

Moovijob shall have an obligation of means towards the users, but not of result.

Moovijob shall at no time intervene in the actual recruitment process that may take place between the client and a candidate. Its role shall be limited exclusively to providing the means for putting the client in contact with candidate users who have the professional skills closest to those required. If no recruitment takes place under services provided or events organized by Moovijob, the latter shall not be held responsible.

Moovijob is not the owner of the information contained in the exchanges made on the website and cannot be held liable for it.

Moovijob reserves the right to moderate or delete any publication within 24 hours of the online publication without prior notice if the aforementioned provisions are violated. The user whose publication will have been deleted may have his or her account deleted.

The user shall guarantee Moovijob the principal, costs and interests, including lawyer's fees that may be incurred, against any recourse, claim, eviction, action or order to pay damages against Moovijob as a result of downloading or using information or data available on moovijob.com or of any contractual violation, of any nature whatsoever, committed by the user during the contractual relationship, on the occasion of the use of a service or participation in a Moovijob event. The user shall hold Moovijob harmless from and indemnify any conviction pronounced against it in this respect.

Except in the case of a proven serious fault or fraud, Moovijob shall under no circumstances be held liable to the user for any direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the provision or use of the services and products marketed by Moovijob or from the total or partial impossibility to use these services or products, irrespective of the cause. The same shall apply to the organization of events.

Compensation for the damage alleged by the client shall apply only to established, foreseeable, direct, personal and certain damages suffered by the client with a direct causal link with the serious fault or the established fraud, to the exclusion of all other damages.

moovijob.com shall not be held liable for any malfunction of the server or the network having an impact on moovijob.com.

Likewise, Moovijob shall not be held liable in case of force majeure or the unforeseeable and insurmountable fact of a third party, whether it be for the website or an event.

When a client user places an online order via moovijob.com, the credit card data shall be protected by encryption using a standard security protocol against interception and theft during transmission. moovijob.com shall use service companies to process credit card transactions.

Moovijob reserves the right not to guarantee the reliability of the sources, although the information published on the website is reputed to be reliable.

Limitation period: any liability action against Moovijob shall expire one year after the date on which the event causing the damage occurred.

Article 9: Intellectual property

The contents of moovijob.com (logos, texts, graphic elements, videos, etc...) are the exclusive property of Moovijob, which has all the rights guaranteed by the amended Copyright, Neighbouring Rights and Databases Act of 18 April 2001.

Users shall have to obtain the authorization of Moovijob before any reproduction, copy or publication of these various contents. Any representation or reproduction of the website, the circulation and possession of a lawful copy of the programme without express consent of Moovijob is prohibited.

The consultation and use of the database shall not imply any transmission of any formal or informal rights to the user.

Moovijob prohibits the extraction or reuse of the database which is protected, except for the rights acquired by the client users.

Users shall be fully liable for any content that they put online and undertake not to harm a third party.

Moovijob reserves the right to moderate or delete freely and at any time the contents put online by the users, without having to justify its decision.

Article 10: Personal data

A user may browse on moovijob.com fully without having to create an account. However, the first personal data are collected from the moment a user creates an applicant account, or applies for an advertisement, registers for an event or even decides to follow a company or create a Job Alert or Event Alert.

For the website to function properly, Moovijob must collect and keep certain information provided by the user himself or herself  when registering or in the texts of the ads or on the documents downloaded before any use is made of moovijob.com. The user must expressly consent to the collection and processing of his or her data as described in Moovijob's privacy and cookie management policies.

Moovijob shall undertake to comply with the obligations of the user as set forth in Regulation EU2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The user must only transmit data that is strictly necessary for the purpose of moovijob.com.

Image rights: by participating in one of our events, except against written order, users shall expressly consent to:

- the taking of photographs and videos, whether targeted on their person or not, during said event;

- the publication and distribution of these photographs and videos on the Internet, via the Moovijob website, social networks or any other digital platform, as well as in newspapers, magazines or other paper media.

Such dissemination shall be intended solely to promote Moovijob's events and the services offered by Moovijob. Before any such dissemination, Moovijob shall make sure that the photographs thus published strictly respect the dignity of the person recognizable on the image.

Article 11: Hypertext links

The domains to which the hypertext links on moovijob.com lead shall not render Moovijob liable, as it has no control over these links.

It is also possible for a third party to create a link to a page of moovijob.com without Moovijob's express authorization. Moovijob cannot be held liable for this either .

Article 12: Change of the Terms and Conditions of Use

Moovijob reserves the right to amend the terms of these Terms and Conditions of Use at any time, without having to justify its decision.

Article 13: Term of the contract

This contract shall be concluded for an unspecified period. It shall enter into force with regard to any user from such time as the latter starts using moovijob.com and its services or participates in an event.

It shall end for the consulting users when the website is disconnected, and for the candidate user or client user on the date that the account created when registering is deleted. The account may be deleted either at the initiative of the candidate user or client user with immediate effect, or upon their written request to Moovijob with one week's notice. Moovijob may at any time and without having to justify its decision, delete an account with immediate effect for a user who would not comply with these terms and conditions of use, without prejudice to a possible claim for compensation for the damage caused to Moovijob. The user concerned shall be informed accordingly.

Article 14: Applicable law and competent courts

This contract shall be governed by Luxembourgish law.

Prior to any legal proceedings, the user must initiate an amicable settlement procedure in order to resolve any type of dispute relating to the use of moovijob.com and the events organized by Moovijob. The user must to this end inform Mr. Bertrand Cuinet, 24-28 Rue Goethe, L-1637 Luxembourg, by registered letter with acknowledgement of receipt, describing the nature of the facts at issue and the claims made against Moovijob.

The conciliator shall contact the user within one month of receipt of the letter of complaint in order to reach an amicable settlement to the dispute presented. Failure in the conciliation procedure, noted in writing by the first party to take action within three months of the filing of the claim, shall open access to legal proceedings.

The Luxembourg courts shall have exclusive jurisdiction to hear all disputes that may arise between the parties as to the performance for this contract.

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