Revised: 21/12/09

INTRODUCTION 

JOBFACT is an innovative online recruitment service. It brings together recruiters and Candidates in a unique way.

The following Terms of Use govern the use of the entire website accessible through http://www.jobfact.com. These Terms of Use are agreed between :

• RH SAS with share capital of EUR 12 275, registered with Paris RCS with registration number B 507 841 930. The head office is located at 63 bis Rue Jouffroy D’Abbans, 75017, PARIS  (“the Company”, or “JOBFACT”),  

And 

• The VISITOR, the MEMBER or the USER

Together referred to as the “Parties”

IMPORTANT

ANY USE FOR WHATEVER REASON OF THE WEBSITE WWW.JOBFACT.COM AUTOMATICALLY IMPLIES ACCEPTANCE BY THE USER WITHOUT RESERVATION, OF THE FOLLOWING TERM OF USE (TOU). 

ARTICLE 1 DEFINITIONS

• Account : refers to the interface in which all the data supplied by the Member is hosted on the Platform. This data includes information regarding the User’s compensation, company reviews and anonymous CV as well as the information related to the User such as their email address. 
• Member : refers to any User over 18 and of sound mind who registers on the Platform in order to use any service offered by JOBFACT. 
• Partner : refers to the Member who, or third party website which drives new members to JOBFACT using either a widget or a unique hyperlink.
• Platform : refers to the website at URL http://www.jobfact.com. The Platform refers to and includes all the web pages hosted and services provided to Users.
• Recruit : refers to a new registrant who arrived on the Platform by clicking on a unique link made available to them by a Partner.
• Users : refers to all Members and Visitors.
• Visitor : refers to any person that accesses or navigates around the Platform.
• Candidate : a Member who is the recipient of a job offer on the Platform.

ARTICLE 2 REGISTRATION CONDITIONS 

2.1. Account set up

Members must be physical persons over 18 of sound mind, or any corporate body acting through a physical person, legally authorised to contract in the name and for the account of the corporate body.

JOBFACT reserves the right, at its complete and sole discretion, to refuse registration to any person that does not comply with the spirit of the Platform or harms or could harm JOBFACT’s brand, image or reputation. 

At the point of registration Members commit to supply to JOBFACT truthful information in relation to their professional experience and about companies they have worked for.

In the event that Members do not fulfil this commitment, JOBFACT reserves the right, at its complete and sole discretion to close the Member’s Account without prior notice.

The Member must choose a password that is, and is kept, strictly private and confidential.

Any access of the Member’s account using the Member’s email address and password, will be assumed to be by the Member themselves. 

All new Accounts require the Member to provide a valid email address.

2.2. Account validation

The Member’s Account is validated only when they post a salary and/or a company review and/or an anonymous CV. 

After validation of their Account Members have access to the entire database of related content (e.g. if their salary is published they can see all salaries; if their company review is published, they can see all company reviews).

The User is responsible for all information they publishe or make available. 

JOBFACT reserves the right to delete or modify any data which, in the sole opinion of JOBFACT, does not comply with the spirit of the Platform. 

ARTICLE 3 RECRUITMENT

JOBFACT and its affiliates cannot and do not guarantee the successful placement of Candidates. JOBFACT and its affiliates will only endeavour to provide a service to Candidates in JOBFACT’s Candidate database, but not successful placements. JOBFACT and its affiliates will therefore not be held responsible in any way if no placement is achieved by any Candidate at any point. 

Users and recruiters should note that JOBFACT does not introduce or supply Candidates to recruiters (or vice versa). This means that JOBFACT does not:

- obtain sufficient information for potential recruiters to select a suitable Candidate for the position which the recruiter seeks to fill;

- obtain confirmation of the identity of a Candidate or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;

- give any indication to recruiters as to whether Candidates are suitable or otherwise for any position to be filled in any circumstances; 

- put forward Candidates to recruiters or provide any information about them;

ARTICLE 4 PARTNERSHIP

JOBFACT has introduced a membership recruitment partnership system whereby JobFact’s registered Members (“Partners”) are able to send an invitation to their contacts, including friends, family, colleagues, etc., to become a Member of JOBFACT. Anyone registering using the Partner’s link becomes that Partner’s Recruit.

It should be noted that registration is completely free and there are no associated compensation or monetary costs or benefits.

The way the system works is that the JOBFACT Member, or Partner, is issued with a unique and personal link to the JOBFACT website, which they can send to up to 200 email addresses from within the JOBFACT platform. (The Partner should ensure that he has consent to send emails to his potential Recruits). The Partner can also copy and paste their unique link into an email of their own outside of JOBFACT and send it to their contacts. The link can also be used in the Partner’s public profiles on social media sites. 

When a Partner sends emails inviting their contacts to join JOBFACT via the JOBFACT Platform, the email that is generated includes that Partner’s email registration address. The email is an automatically generated invitation. The recipients of the email have no obligation to register on JobFact. Recipients’ email addresses are not stored by JOBFACT. JOBFACT only sends the email without collecting any information about the recipients.

JOBFACT reserves the right to close any account without giving reason, but will close all accounts that are, or seem to be engaged in any illegal spamming activities. 

Through this partnership, JOBFACT offers a potential reward for both the Partner and their Recruits. 

The reward is granted only when the following conditions are satisfied:

-    The Recruit has registered on JOBFACT using the hyperlink supplied by the Partner;

-    The Recruit has been hired through JOBFACT in the 12 months following their registration. 

The reward is GBP 100 (the “Reward”). The Partner and their Recruit will share the Reward equally. This amount will be paid in two bank transfers of GBP 50 each.

This referral system and potential Reward is also available for Partners such as websites. In this case, the website manager of the Partner must download one or more of the widgets available on JOBFACT’s widget menu at the bottom right of the home page. Each widget has a unique and personal link allowing tracking of all Recruit registrations from that website/Partner. 

The manager of the Partner website is deemed to be the Partner in the context of this document and the person who registers on JOBFACT by accessing JOBFACT through a widget on the Partner’s site is deemed to be the Recruit. 

As before, Recruits that are hired through JOBFACT after joining via one of the widgets or links on the Partner’s site will trigger the GBP 100 reward to be shared by the Recruit and the Partner, subject to the conditions set out above.

JOBFACT reserves the right, at its complete and sole discretion, to refuse the download of widgets for a potential Partner’s website. JOBFACT is likely to refuse downloads where the activities of the potential Partner may be inconsistent with the spirit of JOBFACT’s Community rules or conflicts with JOBFACT 's brand, image or editorial policy.

ARTICLE 5 OBLIGATIONS OF THE PARTIES 

5.1 Obligations of the Users

While using the Platform, every User commits not to harm public order and to conform to all relevant laws in force at the time, respect third party rights and these TOU.

The User is solely responsible for any content published whether editorial, graphic or otherwise. 

Each User must: 

• Act in an honest and truthful way and with reasonable and due care in relation to JOBFACT and third parties.

• Be honest and truthful in relation to information provided to JOBFACT and third parties.

• Respect JOBFACT and third parties’ rights, notably business rights and confidential information related to the companies the Member is or has been working for.

• Use the Platform in accordance with the purpose described in these TOU. 

• Use the Platform for its intended purposes at all times and not contravene any criminal or other law within the relevant jurisdiction.

• Respect third parties’ rights to privacy and confidentiality in any exchanges they may have with Users.

• Not attempt to divert Internet users to another website or a competitor’s service.

• Not attempt to harm, in terms of the articles 323-1 and pursuant to the Criminal Code, the automated data systems put in place for use on the Platform.

• Not post any information which conflicts with any laws  regulations or good practice in force at the time. 

5.2 Obligations of JOBFACT

JOBFACT does not have any obligations of specific performance or service of any kind. 

JOBFACT will use its best endeavours to ensure continuity of access and use of the Platform 24 hours a day, 7 days a week.

JOBFACT is a web host as defined by article 6 I 2) of the law of the 21st of June 2004. Based on JOBFACT’s role, JOBFACT will promptly withdraw any content which is clearly illicit as soon as is practicable after JOBFACT becomes aware of such content.

The notification of obviously illicit content can be made to the following address publications@jobfact.com or by priority mail. In both cases, for the notification to be valid, it must include all items set out in article 6 I 5) of the law of the 21st of June 2004, as follows : 

- The date of notification ;

- If the notifier is a physical person : first name, surname, job position, home address, nationality, date and place of birth ; if the notifier is a corporate body : its legal form, company name, head office and legal representative ;

- Name and address of addressee or, in the case of a corporate body, its company name and head office ;

- Description of content considered illicit and precise location on the site ;

- Motives justifying the withdrawal of the content, including the reference to applicable law and regulation and justifications of the facts ;

- Copy of the mail sent to the author or editor of the information or illegal activities requiring termination, withdrawal or modification, or justification that the author or editor has not been reachable. 

ARTICLE 6 RESPONSABILITY

JOBFACT is not liable :

• in the event the Platform is inaccessible because of technical problems, maintenance of the Platform or updating of published information;

• in the event of attacks by viruses or computer hackers;

• for any incomplete or fake information submitted by a Member or in case of publication of protected or confidential information which is the subject of a confidentiality clause or professional confidentiality ;

• for any abnormal or illicit use of the Platform. The User is therefore solely responsible for any and all damages to third parties and subsequent claims as a result of such use and any consequences which may result. 

In all the cases, the User will be required to show proof of any negligence on the part of JOBFACT before any responsibility can be considered by JOBFACT. JOBFACT’S liability will be strictly limited to direct damages.

ARTICLE 7 INTELECTUAL PROPERTY

7.1 Ownership of JOBFACT

The brands, logos, slogans, graphic designs, photography, animations, videos and texts included on the PLATFORM are the sole property of JOBFACT and cannot be duplicated, used or represented without the express authorisation by JOBFACT or one of its authorised Partners. JOBFACT reserves its right to enforce this by all legal channels available.

Any total or partial duplication of the PLATFORM or its Content, by any means or in any form, without the express and prior consent of JOBFACT is strictly forbidden and will be considered an infringement of intellectual property rights and punishable in terms of articles L.335-2 and pursuant to articles L.713-1 and the Code of intellectual property.

The insertion of deep links to a page on the Platform without the express and written consent of JOBFACT is forbidden.

JOBFACT expressly forbids :

1. The extraction, removal or copying, of the whole or part, qualitatively or quantitatively, of any substantial content in JOBFACT’s database by another platform, by any means;

2. the replication, for public use, of any part or whole of the content in JOBFACT’s database, whether qualitative or quantitative in nature, irrespective of form.

7.2 Licence given by the Member

In the case where some content has been provided by a Member which would be considered a piece of work in terms of article L 112-2 of Intellectual property in France, the Member grants a licence of all business property rights necessary for publishing such work online, notably reproduction and representation rights. This licence is given for no consideration to JOBFACT in compensation for the Member’s use of the Platforms’ services. 

Consequently, JOBFACT will be able to duplicate or display the member’s contribution in any other format and on any page of the Platform and on any of our Partner’s websites.

The licence is granted on a non exclusive and worldwide basis and is negotiable for as long as the intellectual property rights attached to the work exist.

The Member guarantees that the works that he is publishing do not violate any intellectual property rights, nor create any unlawful or anti competitive situation.

In relation to this, the Member promises to defend JOBFACT and oppose any claim directly related to the works in their use in the ordinary course of JOBFACT’s activities with the exception of alleged violations related to modifications and amendments made by JOBFACT.

ARTICLE 8 RETURN - COMMENTS

JOBFACT appreciates hearing from Users and welcomes their comments about the services and sites provided by JOBFACT. 

However, JOBFACT has a policy that it cannot accept or consider creative ideas, suggestions, inventions or materials other than those which we have been specifically requested.

If, despite this policy, a User sends JOBFACT creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), this Submission shall be the property of JOBFACT. JOBFACT will not be subject to any obligations as a result of the Submission. The User transfers to JOBFACT, on a non exclusive basis, all intellectual property rights related to the Submission, including representation rights, duplication, launch in the market on a paying or free basis, translation, adaption or modification of all or part of the Submission or its components, on a worldwide basis and during the legal time the protection attached to those rights, on any platform known or unknown to date or for any use or purpose, commercial or other, and free without any compensation due to the User or to any other person having presented the Submission.

ARTICLE 9 TERMINATION

Each Member can terminate their membership of the Platform by requesting the closure of their account on JOBFACT. This request will be considered to have been effected by the first week day following receipt of the request by JOBFACT.

Without prejudice to the other clauses contained in these TOU, JOBFACT reserves the right to terminate the Member’s account without notification or formal notice in the case of serious breach of trust by the Member in relation to whatever obligations they had.  

Without prejudice to other clauses contained in these TOU, in the case of a serious breach of trust by the User in relation to whatever obligation they had, JOBFACT will be able to terminate the Member’s account if, after fifteen (15) days after having sent the Member an email notifying them of the serious breach of trust and requesting that they comply with the TOU , they do not comply.

The Member will be terminated without prejudice to any claim that JOBFACT could make against the Member or their beneficiaries and legal representatives for damages or compensation as a result of such breach of trust.

The Member will be alerted by email of the termination of their Account or the removal of their Account. Their data will be deleted upon their request or after the expiry of any period required by law or regulation commencing on the day of termination of their personal Account.

In case of termination, only the data provided by the User regarding a company review or a salary can be kept by JOBFACT. 

ARTICLE 10 PRIVACY POLICY 

JOBFACT adheres strictly to the law n° 78-17 dated 6th of January 1978 so called " Informatique et Libertés ".

JOBFACT’s Privacy Policy can be viewed by following the “Confidentiality” link at www.jobfact.com. 

ARTICLE 11 MODIFICATION

JOBFACT reserves the right to modify these TOU at any time. Any changes made will be enforceable from the first day of the month following their publication.

The modified TOU will apply to all new registrations made after the publication of the revised TOU. 

Any Member registered after the TOU are modified can close their account at any time in the manner set out in article 9 TERMINATION.

ARTICLE 12 GENERAL 

No indication, representation or document will create any obligations not included in these TOU, unless the Parties have signed an agreement.

In the event that one of the Parties does not enforce one of the clauses included in these TOU, either permanently or temporarily, this does not imply that they have given up the clause.

In the event of disagreement between the interpretation of any of the titles of the clauses in these TOU, and the clauses themselves the titles will be declared null and void. In the event of disagreement within a clause as a result of the titles within these TOU, the titles will be declared null and void. 

If one of the clauses contained within these TOU would be considered as null and void in the eyes of the law or regulation in force at the time, or a legal decision being res judicata, that clause  will be considered as if it had not been written and will not affect the validity of other clauses in these TOU, which will remain valid and enforceable.

These TOU shall be governed by the laws of France.