Viadeo Job Advance Membership Terms of Sale & Conditions

These general terms of sale (hereafter « The General Terms of Sale » or « the Terms of Sale ») govern the dealings between:

The company FIGARO CLASSIFIEDS, a limited company with a capital of 6,974,118 euros, registered to Paris Trade and Companies Register under the number B 431 373 471 whose registered office is 14 Boulevard Haussmann 75009 Paris, represented by its legal representative domiciled in such capacity at the said registered office and operating the website www.viadeo.com (hereinafter the "Site" or "Viadeo"),

Hereinafter referred to as "FIGARO CLASSIFIEDS"

On one hand

AND

The Viadeo member who has subscribed to the membership offered by FIGARO CLASSIFIEDS according to the modalities stipulated hereafter, Hereinafter designated individually or collectively the "Job Advance Subscriber (s)" or the "Subscriber (s)",

On the other hand.

Preamble

FIGARO CLASSIFIEDS operates the Internet platform accessible at www.viadeo.com, offering to all people registered on the Site (hereinafter referred to as "Member(s)") the possibility to create a profile in order to develop their professional network, identify new business and career opportunities, maintain a link with their contacts, monitor their professional activity and have an accessible address book.

By registering on the Site, the Member has accepted the General Terms and Conditions, therefore establishing a contract between him and FIGARO CLASSIFIEDS and giving him access, subject to the conditions stipulated, to the free functionalities of the Site.

FIGARO CLASSIFIEDS has developed Viadeo Job Advance. An service dedicated to Members who are looking for a job (hereinafter the "Subscription(s)" or "Job Advance Subscription (s).").

By subscribing to Viadeo Job Advance, the Subscriber acknowledges having read the General Terms and Conditions and agrees to comply without any reservation. It therefore acquires the status of subscriber (hereinafter the "Subscriber (s).").

If he refuses to comply with any of the obligations and conditions contained in the Subscription’s General Terms and Conditions, he is invited not to subscribe to Viadeo Job Advance.

These Terms of Sale are a Contractual Document within the meaning of the Terms of Use of the web Site and form an integral part of the Contract concluded between the member and FIGARO CLASSIFIEDS.

Article 1 – Job Advance Subscription Description

The Job Advance Subscription, which includes all the benefits of the Premium Subscription, allows Subscribers to watch 6 coaching videos to help them in their job hunt.

In addition, at the end of the course, the Job Advance Subscriber has the possibility to get a 30 minutes session with a professional coach through videoconference created by My Success, a FIGARO CLASSIFIEDS’ partner.

The coaching session is entirely governed by the MySuccess General Terms and Conditions which the Subscriber accepts by registering on www.mysuccess.fr in order to benefit from the coaching session.

Article 2 – Membership subscription

"Jobs & Training", click on "Job Advance" then click on the "Subscribe" button or click here.

The member completes the Subscription Form which is accessible online (Hereafter called « The Subscription Form »). By completing the Subscription Form, the member confirms that he or she has read these Terms of Sale and agrees to abide by them unreservedly. They can be consulted at any time on the Site.

Subscription is activated upon receipt of payment by FIGARO CLASSIFIEDS.

Article 3 – Membership duration and modification

Subscriber agrees for the term determined in the corresponding Subscription Form. Its Subscription will be renewed automatically at the end of its initial term and for an identical duration, unless the Subscriber wishes otherwise.

Subscribers may terminate at any time the Membership to which they have subscribed by following the procedure described hereunder:

  • Go to the Site and log in to his/her account using his/her email address and password.
  • Mouse-over his/her name in the upper right-hand corner, then click on “Subscription & billing”
  • Then click on "Manage your Premium Membership"in the “Dashboard” Tab
  • Click the “Click to cancel auto renewal” link at the bottom of the page;
  • Enter his/her password to activate the cancellation of the tacit renewal.

The request to unsubscribe a Membership will be taken into consideration and made effective upon the anniversary date of the Contract, defined as the date of expiration of the term determined in the subscription page, if the request is received by FIGARO CLASSIFIEDS no later than forty-eight hours before this anniversary date. Failing this, the Contract will be tacitly renewed for a term equivalent to its previous length.

Legal provisions, from the French Consumption Code, regarding tacit renewal:

Article L215-1
In case of contracts of provision of services concluded for a fixed period with a tacit renewal clause, the service provider shall inform the consumer in writing, by letter or e-mail, at the earliest three months and at the latest one month before the end of the period permitting the rejection of the renewal, of the possibility to not renew the contract concluded with a clause of tacit renewal. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for the non-renewal.

When this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.

Advances made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, shall be reimbursed within 30 days of the date of termination, after deducting the sums corresponding, until that date, to the execution of the contract.

The provisions of this Article shall apply without prejudicing other provisions that legally subject certain contracts to particular rules regarding the information of the consumer.

Article L215-2
The provisions of this Chapter shall not apply to operators of drinking water and sanitation services.

Article L215-3
The provisions of this Chapter shall also apply to contracts concluded between professionals and non-professionals.

Article L241-3
When the professional has not repaid, under the conditions laid down in Article L. 215-1, the sums due shall be interest-bearing at the legal rate.

Article 4 – Price, billing terms and delay or payment default

4.1. - Price and Membership payment options

FIGARO CLASSIFIEDS offers various subscription plans depending on the length of time that the Freelancer wishes to subscribe.

The rates of the different Subscription plans are available online in the subscription page (i.e. the Subscription Form). FIGARO CLASSIFIEDS reserves the right to change its rates at any time. It is understood that the Subscriptions in progress are not impacted by the changes in the fee schedule.

The rates, which are indicated monthly, for information and in a comprehensive way, are billed in a single payment at the time of the subscription.

Note that FIGARO CLASSIFIEDS does not keep the subscribers' bank details.

At the time of the tacit renewal, withdrawal is made directly on the anniversary date of the Subscription to the bank account used for the initial subscription.

4.2. – Billing

Membership is billed the day of subscription. To view his/her billing information, Subscriber can simply mouse over his/her profile name, click on "Subscription & billing" and then click on "Invoices". The Subscriber is invited to complete his invoice before being able to consult it.

4.3. – Delay or payment default

The Subscriber will be sent an email notification for any delay or default in paying the Membership, informing him or her that they have (8) days in which to regularize the position. Access to the corresponding functionalities for the Membership can be suspended during this period.

If all sums are not paid within this deadline, the Contract shall be terminated ipso jure by FIGARO CLASSIFIEDS without any formality or any counterparty.

Article 5 - Right of withdrawal

Subscribers who reside in a country of the European Union have a withdrawal period of 14 days from the membership subscription without giving reasons. Beyond this period, the Subscribers will not be able to obtain the cancellation of their current subscription.

To exercise the right of withdrawal, Subscriber have to notify FIGARO CLASSIFIEDS - VIADEO - 14 Boulevard Haussmann - 75009 Paris of its decision to withdraw from this contract by means of an unambiguous statement sent by post to the address indicated above or by email by clicking Help. The Subscriber may, if he wishes, use the template of the withdrawal form.

In order for the withdrawal period to be respected, the Subscriber must inform FIGARO CLASSIFIEDS of its intention to withdraw before the expiry of the withdrawal period.

The Subscriber will be refunded the amount paid within a maximum of 14 days from receipt of his request, by credit card or via Paypal if the payment was made through this way.

Article 6 - Subscriber obligations

The Subscriber commits to abide fully by article 2 of the General Terms of Use, and specifically to the following:

  • Communicating accurate information when registering and using the Site and updating it regularly;
  • Comply with legal, regulatory and customary provisions and respect the rights of third parties, including intellectual property rights;

FIGARO CLASSIFIEDS pays particular attention to the quality of service offered to Viadeo users. In this respect, the Subscriber is urged to adopt reasonable conduct in the use of the Membership and particularly to personalize each message sent in order to develop relationships generating value.

In case of breach of one or several of these rules by the Subscriber, FIGARO CLASSIFIEDS reserves the right to suspend and/or terminate the Contract, to block the account of the Subscriber involved, to delete litigious messages automatically, to block the publication of all or part of the profile of the Subscriber, and/or block his/her/their access to all or part of the Service, whether temporarily or definitively, without any compensation.

Furthermore, the Subscriber is solely responsible for his / her willingness to apply for a job offer and / or to contact a recruiter or another member of Viadeo.

FIGARO CLASSIFIEDS is limited exclusively to their connection via the Viadeo platform.

As a result, FIGARO CLASSIFIEDS and / or affiliated companies can not be held liable for any disagreement or dispute between the Subscriber and a recruiter or another member of Viadeo.

Article 7 – Modifications to General Terms of Sale

The current General Terms of Sale may be modified by FIGARO CLASSIFIEDS at any time and without prior notice. The Subscriber is therefore invited to regularly consult the latest updated version thereof, which is freely available and permanently accessible from the home page of the Site, by clicking on the “Terms & Conditions” link.

Modified General Terms of Sale come into force from the moment they are published online and are legally applicable from then on new subscription.

Article 8 – Mediation

Any dispute relating to these General terms of Sale may be settled out-of-Court at any time before the CMAP - Centre de Médiation et d’Arbitrage de Paris.

To submit a dispute to the mediator, the Subscriber may choose (i) to fill out the form on the CMAP website : www.cmap.fr tab "you are : a consumer", (ii) send his application by simple mail or recorded letter to the CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr.

Whatever the means used to submit the CMAP, the application must contain the following elements in order to be processed quickly : the Subscriber's contact details such as postal address, email and telephone as well as FIGARO CLASSIFIEDS’ (FIGARO CLASSIFIEDS, 14 Boulevard Haussmann, 75009 PARIS) with a brief statement of the facts, and proof of the prior steps taken by Subscriber with FIGARO CLASSIFIEDS.

It has already been agreed that:

  • any oral or written exchange between the Subscriber and FIGARO CLASSIFIEDS during the mediation is strictly confidential and can in no case be communicated to a third party,

  • if the Subscriber and FIGARO CLASSIFIEDS reach an agreement, it will be recorded in a transactional agreement signed by them and the mediator, with legal enforceability,

  • if the mediation fails, the most diligent party may apply to the competent Court as indicated in Article 9 below.

Article 9 – Applicable Law – Assignment of Jurisdiction

The conclusion, interpretation, and the validity of the present General Terms of Sale and of the Contract are governed by the French Laws. In the event of any discrepancy in their interpretation, the french version shall prevail over any other version in any other language. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to FIGARO CLASSIFIEDS ’s head offices shall have sole jurisdiction regarding any litigation related to this present Contract not resolved amicably under the conditions laid down in Article 8 above, including but not limited to any litigation regarding its validity, interpretation, execution and/or termination, and the consequences thereof.

Last update: 30 June 2017