The website www.lirea-group.com (hereinafter, “Website”) is an innovative website, which allows among other things to communicate information in the field of human resources (e.g. job offers, information about LIREA, Top Headlines from The staffing industry, Tips, Surveys Results, On-line anonymous Survey/Poll).
The Website is intended for adults interested in the recruiting field, in particular:
The name and contact information of the publisher of the Website www.lirea-group.com (hereinafter, “LIREA”) are set out in the legal notices of the Website. see Legal Information
Please read carefully these Terms of Use. By visiting the Website and especially by registering on the Website you expressly agree to these Terms of Use (hereinafter, “Terms of Use”).
The subject-matter of these Terms of Use is to define the terms and conditions applicable to the access, visit, and use of the Website by all visitors of said Website (hereinafter, the “Users”). The description of the services offered by LIREA and listed on the Website are provided in the document entitled Description of the Services appearing on the Website. see What we do
LIREA collects the personal data of the Users who visit, register and/or sign-in on the Website. Such Users are informed that the automatic processing of their personal data has been notified to the French Data Protection Authority (CNIL), in accordance with Act n°78-17 of January 6, 1978 relating to data processing, data files, and individual liberties (hereinafter, “Data Protection Act”). LIREA is committed to protecting the personal data communicated by Users in accordance with the Terms of Use and the Data Protection Act.
§ 1.1 Data controller
The data controller within the meaning of Article 32 of the Data Protection Act is LIREA, as mentioned in the legal notices of the Website. see Legal Information
§ 1.2 Purposes
Personal data is collected from the Users in order to handle their requests and to allow them to have access to their personal account.
§ 1.3 Mandatory collection of certain data
Collection of certain data is mandatory (IP address, data marked by an asterisk in the relevant forms…). If such data is not collected, the Users’ requests cannot be satisfied and his/her access to his/her personal account may become impossible.
§ 1.4 Recipients of personal data - Confidentiality
Only LIREA’s employees and/or those employees of the companies who assist LIREA in the operation and/or exploitation of the Website, in particular the employees of the company hosting the Website as referred to in the legal notices of the Website see Legal Information, shall have access to the personal data of the Users.
The Users’ personal data may be communicated and/or sold to any third parties, from time to time. However such communication may occur only if either:
Should LIREA become forced to communicate personal data of any User under a law, regulation or a court judgment or order, LIREA shall inform such User if reasonably possible.
LIREA shall not be liable for any damage, loss, injury or harm arising out of or in connection with transmission by any User of any personal data to any other User or any third party, whether or not such transmission occurred through the Website.
§ 1.5 Rights of the Users regarding their personal data collected on the Website
Users shall have the rights detailed in Section 2, Chapter 5 of the Data Protection Act, including the following rights:
Users shall be entitled to exercise such rights with the publisher of the Website, by mail and/or email at the postmail and email addresses mentioned in the legal notices. see Legal Information Proof of identity shall be provided in such mail and/or email.
§ 1.6 Cross-border data transfers
The User is informed that his/her personal data may be subject to cross-border data transfers in order to handle the User’s requests.
§ 1.7 Cookies
LIREA may use “cookies” on its Website. Cookies are used to proceed to the following actions (hereinafter, the “Actions”):
Such Actions may be performed without the relevant User’s consent in either one of two cases:
Save for the two cases mentioned above, the relevant User’s consent is necessary for Actions to be performed. Such consent may be obtained prior to accessing the Website by configuring the navigator of the User to permit the Actions. Users may at any time retract their consent by changing the configuration of their navigators.
§ 2.1 Users’ Behavior
Each User warrants:
Users shall conduct themselves in a responsible, lawful, courteous and a respectful manner on the Website with other Users. As a result, Users shall not among other things:
§ 2.2 Safety of Personal Accounts
After registering on the Website, Users will be contacted by all means mail/phone/email. If the registration is confirmed by Lirea, Users will be requested to ask Lirea by email (at login@lirea-group.com) for a personal ID and password in order to be able to access their personal account. Users are recommended to change their password when they sign in on the Website in their personal account for the first time.
Users are solely responsible for keeping their personal ID and passwords confidential and inaccessible. In case of loss or theft or in case any User believes that a third party has accessed his or her personal account, such User shall immediately inform LIREA. LIREA may then, if and to the extent possible, cancel the authorizations to access the account of such User or deliver a new login and password.
Users acknowledge they are perfectly informed that, given the current state of the art, it is strictly impossible for LIREA to ensure the absence of intrusion into the Website and to ensure that their personal account is not destroyed, and/or modified or altered in any way by another User or any third party, whether maliciously or not, including through a virus, worm or any other code or instruction affecting or infecting the Website.
§ 3.1 The Website
The Website, its software and databases related thereto are protected by intellectual property rights. They may contain data protected by intellectual property rights. Except where French law and/or regulations permit to do so, Users are not allowed to reproduce, copy, modify, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the Website, the Website’s structure and organization (the “Structure”), the documents and data contained In the Website (the “Content”), the Software and the databases unless LIREA gives prior and specific written consent to do so. Users are exclusively allowed to visit the Website and use it in accordance with these Terms of Use.
Users must not use the Website to transmit or send unsolicited commercial communications nor for any purposes related to marketing without LIREA’s prior express written consent.
To the fullest extent permitted by French law, Users shall not be entitled to reverse-engineer, decompile, disassemble or attempt in any way whatsoever to decode the source code of the Website, Structure, Content, Software, and/or Databases.
§ 3.2 Database
As the producer of the Databases, pursuant to the French Intellectual Property Code, LIREA owns rights on such Databases. As a result, LIREA prohibits Users from (i) extracting, by the permanent or temporary transfer, all or a substantial part, qualitatively or quantitatively, of the contents of the Databases to another medium, by any means or in any form; (ii) reusing, by making available to the public all or a substantial part, qualitatively or quantitatively, of the contents of the Databases, in any form whatsoever; (iii) extracting or systematically and repeatedly reusing non-substantially qualitative or quantitative parts of the Databases when this exceeds the standard conditions of use of the Databases.
Users are forbidden to adversely affect or harm in any way the standard exploitation or functioning of the Databases or the interests of the Databases producer.
§ 3.3 Trademark and domain name
LIREA owns the Community Trademark “LIREA”. All trademarks and logos of the Website are the exclusive property of LIREA, except for the trademarks or logos owned by partners or subcontractors of LIREA and whose trademarks or logos may be used on the Website. LIREA has also bought the domain name www.lirea-group.com.
Users acknowledge and agree that LIREA owns any and all legal right, title and interest in and to the above-mentioned trademark “LIREA” and the above-mentioned domain name, including any intellectual property rights. Users shall not copy, modify, rent, lease, loan, sell, assign, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit or transfer any right on these trademarks, logos or domain name without prior written permission of LIREA or of the relevant intellectual property owner.
Users cannot reserve and/or buy identic or similar domain names in any generic or geographic extension. For these purposes, similarity to the domain name includes among others things, addition or removal of characters and/or words.
Users shall take care of the implementation of computer and telecommunications means and resources allowing access and use of the Website as well as of the skills necessary to the use of the Internet and the Website. Users shall bear the connection and equipment costs relating to access to the Internet and use of the Website, including via its internet service provider and its telecommunications provider.
§ 5.1 Access and functioning of the Website
Users acknowledge that, notwithstanding the means and resources used by LIREA, the technical specificities of the Internet and telecom networks make it impossible for LIREA to ensure uninterrupted continuity of access to the Website and the response time of the Website.
In addition, Users are advised and accept that use of the Website requires that maintenance operations, including corrective and evaluative maintenance, be performed. As a result, access to and use of the Website may become impossible or disrupted. LIREA shall not be liable for any damage, injury, harm or loss resulting from any partial or total impossibility to or disruption in access to or use of the Website.
§ 5.2 Access to and Use of the Website
Users access and use the Website at their own risk. LIREA shall not be liable for any damage, injury, harm or loss suffered by Users. Also, LIREA shall not be liable for disclosure of information concerning a User to any person who used the password, ID, and/or email address of said User.
§ 5.3 Hypertext Links
The Website may include links to other websites. As LIREA cannot control these websites and services, LIREA cannot be liable for any damage, loss, injury or harm arising out of or in connection with those websites or services. Also, LIREA shall not be liable for any damage, injury, loss or harm arising out of or in connection with the contents, the advertising, the products, the services or any information or data that are available on or from these websites or services. Users shall not generate hypertext links to the Website and/or shall not “frame” the Website, in whole or in part, without LIREA’s prior express written consent, which may be withdrawn at any time at LIREA’s discretion.
§ 5.4 Limitation
Any lawsuit, action, request or claim against LIREA must be filed or brought no later than one year following the occurrence of the cause of action relating thereto, regardless of their legal ground. If the LIREA faces any complaint, claim or request of third parties in connection with one or more action of the User, User will bear all the consequences, including without limitation, the financial consequences in connection with LIREA defense or with remedies LIREA could be entitled to.
§ 5.5 No Warranty
Users acknowledge and accept that LIREA does not make any representation or warranty (i) concerning the chances of success of Users in their recruiting process or in their job search or (ii) that Candidates may obtain any contact(s) with one or several Employer(s); job offer(s); job(s); success in their job search.
LIREA does not make any representation or warranty (i) that Employers may obtain any contact(s) with one or several Candidate(s); relevant Candidate; success in their recruiting process nor (ii) that information communicated or statements made by Employers, Candidates or any third parties are accurate, complete, valid or relevant.
LIREA is not responsible for (i) job offers, the recruiting process of the Employers, any statements made by the Employers and the decisions of the Employer nor for (ii) any consequence of accuracy, completeness, validity or relevance of information communicated by Employers, Candidates or any third parties.
Any violation of the Terms of Use, by any User, may result in suspension or termination as of right of such User’s ability to access the Website and/or deactivation of such User’s personal account, without prejudice of all others rights and remedies of LIREA.
§ 7.1 Independence
Nothing in the Terms of Use will be construed as creating a partnership or company, or an employer/employee relationship between LIREA and the Users, or between LIREA and a specific User. LIREA and the Users or a specific User shall under no circumstances be deemed as being joint-employers of any person whomsoever. In addition, LIREA and each User shall be responsible for their respective acts, omissions, allegations, commitments, services, products and employees.
§ 7.2 Modifications
LIREA reserves the right to modify and/or update the Terms of Use at any time. Users shall read the Terms of Use that are accessible via the Website on a regular basis in order for them to be informed of such potential modifications and/or updates. The version of the Terms of Use in force when the Website is accessed, visited and used shall apply to such access, visit and use.
§ 7.3 Invalidity - unenforceability
If any term, provision, or section of the Terms of Use or any portion thereof is held invalid or unenforceable : (i) the remainder of the Terms of Use will not be affected by such invalidity or unenforceability, and each remaining term, provision, or section thereof will be valid and enforceable to the full extent permitted by law; (ii) such term, provision, or section or portion thereof shall be replaced by a valid and enforceable term, provision, or section or portion thereof which matches as closely as possible the economic purpose of the invalid or unenforceable term, provision or section or portion thereof.
§ 7.4 Choice-of-law and Choice-of-court
These Terms of Use shall be governed by and construed in accordance with French law.
THE RELEVANT COURT OF PARIS SHALL HAVE EXPRESS AND EXCLUSIVE JURISDICTION OVER ANY DISPUTE ARISING OUT OR IN CONNECTION WITH ACCESS, VISIT, AND/OR USE OF THE WEBSITE AND/OR THE TERMS OF USE (INCLUDING ANY DISPUTE RELATING TO THEIR VALIDITY, THEIR PERFORMANCE, AND THEIR INTERPRETATION), EXCEPT WHERE THE LAWS AND/OR REGULATIONS GIVE EXCLUSIVE JURISDICTION TO AN OTHER COURT, IN WHICH CASE SUCH OTHER COURT SHALL HAVE EXPRESS AND EXCLUSIVE JURISDICTION. SUCH PROVISION SHALL APPLY EVEN IN CASE OF MULTIPLE DEFENDANTS, INTERVENTION OF THIRD PARTIES, IMPLEADERS, AND REGARDLESS OF THE TYPE OF PROCEDURE/PROCEEDINGS/LAWSUIT, INCLUDING REFERE AND REQUETES.