Purpose of the Terms and Conditions
Registration to the site
Description of the Service
Terms and conditions of use of the Thumbup.tech website
These General Terms and Conditions of Use and Sale (hereinafter referred to as the "General Terms and Conditions") are entered into between :
Beastie Factory, a simplified joint stock company (SAS) with a capital of 15,000 Euros, registered with the Paris Trade and Companies Register under number 810 220 673, domiciled at 18-26 rue Goubet - 75019 Paris (hereinafter: "Beastie Factory"),
The user of the https://thumbup.tech service (hereinafter: "User")
Applicant: Refers to any natural or legal person seeking a job offer or assignment in the field of information technology in general (IT).
Recruiter: Refers to any natural or legal person using the Site for strictly professional purposes, with a view to contacting or being contacted by one or more Candidate(s) in order to entrust them with their Offer.
Users: Applicants and Recruiters are collectively referred to as such.
Site: Refers to the website accessible from the "thumbup.tech" domain.
Service: Refers to the service offered by Beastie Factory on the Site, i.e. the connection between Applicants and Recruiters.
Users: Recruiters and Applicants are collectively referred to as such.
Terms and Conditions: Refers to the present contract between the User and Beastie Factory, specifying all the rights and obligations of the latter in the context of the use of the Site and the Service provided by Beastie Factory.
Offer: Refers to any job offer or assignment offer in the IT sector.
Beastie Factory operates a Site accessible at https://thumbup.tech. This Site offers a service for bringing together companies (hereinafter "Recruiters") and persons seeking an IT vacancy (hereinafter "Candidates").
The purpose of these General Conditions is to govern the terms and conditions of use and sale of the Site, as well as to define the rights and obligations of the Users who are put in contact on the Site.
Beastie Factory may modify these Terms and Conditions at any time, it being specified that any new version of the Terms and Conditions will be published on the Site. Beastie Factory will inform Users of any changes to these Terms and Conditions either by email or by information on the Site.
The General Conditions prevail over any other document that may have been communicated by Beastie Factory.
Any access to and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these General Conditions.
To access the Servicer the User must create an account by registering free of charge on the Site. The User must be at least 18 years of age and legally capable of entering into a contract and using the Site in accordance with these Terms and Conditions. The User is required to provide accurate information and undertakes to update it immediately in the event of any changes. Access to the account is protected by the authentication provided by the LinkedIn site and used during registration on the Site. The User is solely responsible for the use of his LinkedIn account, for which he is the sole guarantor of their confidentiality, as well as any use of his accounts. The User has a personal space after registration on the Site, which he can access through his LinkedIn identifiers.
The User is informed that this information is essential to enable Beastie Factory to provide the Service. The User therefore undertakes to ensure that the information provided during registration on the Site is accurate and complete. The User also undertakes to regularly update this information to ensure the accuracy and completeness of the information provided throughout the contractual relationship. In the event that the User provides false, inaccurate, outdated or incomplete data, Beastie Factory shall be entitled to suspend or close the User's account and to refuse the User access to all or part of the Service in the future.
Once registered in accordance with Article 3 and after completing his profile, the User accesses the Service offered by the Site.For the Candidate:
- introduce themselves and their skills by completing their personal profile;
- receive Offers issued by Recruiters, at the frequency they have defined;
- receive interview proposals in their synchronised calendar (Google, Microsoft, Apple);
- access the video system to exchange with the Recruiters.
- introduce themselves and their company;
- create and publish Offers which will be distributed by the Site to Candidates;
- access the video system to exchange with the selected Candidates.
The Recruiter may create an Offer at any time. The creation of this offer, its dissemination and any contact proposed via the Site, implies, on the part of the Recruiter, compliance with the financial conditions set out in Article 6.
Access to the Site and the Service
Access to the Site and the Service is exclusively reserved for Users. Users shall be personally responsible for setting up the IT and telecommunications resources required to access the Site and for the related costs.
The Site is accessible 24 hours a day, 7 days a week for all Users. Beastie Factory reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to the Service in order to update, modify or change operational methods, servers and hours of accessibility, without this list being limitative. Beastie Factory reserves the right to make any changes and improvements to the Site and the Service that it deems necessary or useful for the proper functioning of the Site and the Service. In the event of a malfunction or anomaly disrupting the proper functioning of the Site, Beastie Factory undertakes to make its best efforts to carry out the operations necessary to restore the Site and the Service.
Price of the service
For Applicants, there is no financial consideration for the use of the Service. For Recruiters, a fixed fee will be payable for the creation, dissemination of offers and contact via the Site.
Commitments and responsibilities of beastie factory
Beastie Factory undertakes to make the Site available to Users and to make its best efforts to ensure its accessibility and proper functioning. In this regard, Beastie Factory provides Users with a support service to answer questions and provide assistance in case of difficulty.
Beastie Factory does not guarantee the absence of bugs, nor compatibility with a particular configuration and/or hardware, nor a delay in going online, and cannot be held responsible for malfunctions linked to the use of additional software.
Consequently, Beastie Factory cannot be held responsible for any interruption of the Service, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit any interruptions that it may be responsible for.
Commitments and responsibilities of users
The User undertakes to use the Site in compliance with the applicable laws and regulations and to take care not to infringe the rights of third parties.
In particular, the User undertakes : not to use the Site for illegal purposes, in particular to offer or purchase a service prohibited or considered illegal by applicable laws and regulations, not to publish or transmit illegal content via the Site or instant messaging, such as Content relating to the apology of crimes against humanity, incitement to racial hatred and violence, child pornography, offences against human dignity, as well as Content that is discriminatory, invasive of privacy or defamatory.
It is specified that Beastie Factory does not carry out any verification in this respect. Similarly, Beastie Factory does not check or moderate messages published by Users. The User is therefore bound by an obligation of moderation and undertakes to be as objective as possible.
However, if Beastie Factory finds, during a temporary verification or following information from a third party, that a User is using the Site for illegal purposes or is publishing Content that does not comply with the conditions set out in this article and/or that it considers to be contrary to the applicable laws and regulations, then it may delete the Content concerned and suspend the account of this User. The User is therefore solely responsible for the use he makes of the Site and in particular for the Content he may publish or communicate via the Site.
The User may request the deletion of Content that he/she has provided or report Content that he/she deems inappropriate, upon simple request to Beastie Factory at the following email address: firstname.lastname@example.org
Users undertake to make fair use of the Site, in particular not to circumvent the Site and its Service. Similarly, all Users shall refrain from extracting any Content from the Site for a similar or competing activity, or for recruitment purposes.In particular, the User undertakes not to use the Site to
- publish, transmit, share, store or otherwise make available any content that is contrary to public policy, harmful, threatening, illegal, defamatory, unauthorised, abusive, insulting, malicious or otherwise objectionable.
- create multiple accounts or impersonate others;
- transmit any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or electronic communications ;
- publish, transmit, share, store or otherwise make available any content that constitutes or encourages a criminal offence or provides instructions on how to commit a criminal offence, infringes the rights of any third party or is likely to give rise to liability on the part of any third party or violate any local, national or international law. This includes any content whose intellectual or industrial property would belong to the company hiring the User, if it does not have the right to exploit it, as indicated in article 13.
Commitments and responsibilities of Recruiters
The Recruiter undertakes to provide a serious and sufficiently detailed Offer. In this respect, the Recruiter undertakes to provide the Applicant with all the details necessary to ensure that the description of the Offer is as accurate as possible in relation to the actual content of the Offer.
The Recruiter undertakes not to send any advertising or solicitation to the Candidates on the Website not related to any Offer currently active on the website.
Commitments and responsibilities of Candidates
The Applicant undertakes to maintain strict confidentiality in respect of any exchanges he/she may have had with Recruiters and in respect of any information transmitted to him/her or of which he/she may have become aware in the course of a contact via the Site (whether or not it resulted in a contract). Users shall refrain from sharing with others or on social networks any exchange or excerpt of conversation from the Site, and any other exchange directly or indirectly related to an Offer project.
Limitation of liability
Beastie Factory is responsible for bodily and material damages caused to the User that result directly from a fault on its part, but cannot in any case be held responsible, whatever the type of liability action taken, even if Beastie Factory has been informed of their possible occurrence, unless otherwise required by law, immaterial and/or sometimes qualified as indirect, incidental, special damages including damages resulting from loss of profits, loss of earnings, loss of data, damage to the image or deprivation of use suffered by the User or a third party.
In any event, and with the exception of personal injury, Beastie Factory's financial liability will be limited to a maximum of 1000 euros. This clause will be applied subject to mandatory provisions to the contrary provided for by certain legislations. In such case, liability shall be limited to the extent permitted by the applicable law.
Beastie Factory is bound to the User only by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the Site provided to the User and any guarantee in relation to the information and data provided by the Users and which may be obtained via the Site, in particular as to their accuracy and reliability.
The User is responsible for choosing to use the Site for his/her own purposes. The use of the Site and the exploitation of the data that it allows to obtain are therefore done under the sole responsibility of the User and at his own risk.
- General principles The User is informed that the content and presentation of the Site, in particular the texts, images, drawings, graphic charter, are protected by intellectual property law and that Beastie Factory is the owner of the databases created via the Site. Consequently, the User is prohibited from copying, reproducing or distributing all or part of the elements present on the Site, in any form whatsoever, except with the prior written consent of Beastie Factory. These terms do not apply to content from the Open Source or Common Collective approaches that Beastie Factory promotes and uses. More information at: email@example.com
- Content published by the User and use by Beastie Factory.
It is recalled that the User guarantees that he is authorised to provide all the information that he disseminates via the Site, including texts, images and photographs, and that he holds all the rights and authorisations, in particular intellectual property rights, enabling him to disseminate this information.
The User therefore grants Beastie Factory a non-exclusive licence to use this content and information, for the whole world, authorising Beastie Factory to use, copy, reproduce, publish, modify and adapt it for the needs of its activity. This licence to use will terminate when the User deletes the content concerned or deletes their account, unless the content has been shared or stored by other Users.
Suspension and deletion of an account
- Deletion of the account by the User A User may terminate the Agreement with the Site at any time by unsubscribing from the Site and closing their User account.
- Suspension or deletion of the User's account by Beastie Factory Beastie Factory reserves the right to suspend the account of a User in case of failure of the User to comply with any of its obligations under this Agreement, including the publication of content contrary to the conditions referred to in Articles 8, 9, 10 and within the limits referred to in these articles. f ne cessary, Beastie Factory will inform the User by email and ask him to remedy the breach. However, if the nature of the breach is such that the Agreement cannot be continued, then Beastie Factory may terminate the Agreement and delete the User's account immediately by sending an email. Inac tive Account Beastie Factory may also delete the User's account if the User's account has been inactive for at least 6 months, i.e., if the User has not logged in to his or her User account using his or her credentials for 6 months. In t his case, Beastie Factory will inform the User by email with a one month notice.
- Consequences of suspension and deletion of the account In case of suspension of his account, the User will no longer have access to the Site until he has remedied the breach that caused the suspension. In the event of deletion of his account, the User will no longer have access to the information it contains, in particular to any documents he may have stored via the Site. It is therefore up to the User to make any useful back-up before deleting his account.
Beastie Factory reserves the right to suspend or limit access to all or part of the Site, and thus interrupt the provision of the Service, for maintenance reasons. The User will be informed by a notice on the Site.
Communication between the parties
- To Beastie Factory: by post to the Beastie Factory postal address or by email to firstname.lastname@example.org
- To the User: by post or by email to the address given by the User when creating his/her account.
Complaints - disputes
This Contract is governed by French law, subject to the mandatory rules provided for by other applicable legislation.
In the event of a dispute, the User is invited to address his complaint to Beastie Factory under the conditions indicated in Article 16. In case of dispute, and if the User acts as a consumer in the sense of the law, he has the possibility to resort to a mediation procedure for an amicable settlement. In this respect, he is invited to approach the process proposed by the European Commission http://ec.europa.eu/consumers/odr/ .
The competent court will be determined in accordance with the rules of common law, unless the User is a trader.
For merchants, any dispute between the parties relating to the conclusion, interpretation, performance or termination of the Contract for any reason whatsoever, as well as any consequences that may result, will be submitted to the courts located within the jurisdiction of Beastie Factory's registered office, notwithstanding the introduction of third parties or multiple defendants, including in the case of emergency or protective proceedings, in summary proceedings or by petition.