Premium 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,
The Member who has subscribed for one of the paying functionalities offered by FIGARO CLASSIFIEDS under the terms and conditions stipulated below,
Hereinafter called, jointly or singly, « the Subscribers » or « the Subscriber, », On the other hand.
FIGARO CLASSIFIEDS operates an Internet platform which is accessible at the address www.viadeo.com using available technologies and a computer or a mobile terminal and enabling Members to create and publish their professional profile online under certain conditions in order to develop their professional network, to find business or career professional opportunities and maintain links with their contacts, including following their work activities and having an online and up-to-date address book.
The Member has chosen to subscribe to a Premium membership that FIGARO CLASSIFIEDS provides in return for payment and therefore accepts these Terms & Conditions when taking out a subscription (hereafter referred to as « Membership»).
The Subscriber knows these Terms of Sale and agrees to comply with them reservedly when taking out a subscription.
If the Member refuses to comply with any of the obligations and conditions in these Terms of Sale, he or she is invited not to take out the subscription.
Article 1 – Premium Subscription Description
Article 1.1 – Premium membership description
Membership gives Subscribers access to features described on the “Membership & Invoices” page.
Article 1.2. – Club Premium
Subscribers who reside in metropolitan France and who have subscribed to a subscription of 12 or 24 months from 27 November 2014 (hereinafter the "Eligible Subscriber (s)"), have access to the Premium Club (hereinafter the "Premium Club") throughout the duration of their Subscription.
Provided that the Subscriber who uses his right of withdrawal within 14 days after subscribing to a12 or 24 months subscription, will not be able to benefit from the services of the Club Premium.
Club Premium allows Eligible Subscribers to benefit from various services provided by FIGARO CLASSIFIEDS partners. The description of services is available on the dedicated page accessible by clicking here.
The Premium Club services or their modalities may be modified at any time by FIGARO CLASSIFIEDS unilaterally and without the Eligible Subscribers being able to avail themselves of any prejudice.
This is a strictly personal, non-renewable offer limited to one use per service, subject to activation of the service(s) concerned during the duration of the Premium Subscription. The services of the Premium Club are not exchangeable or refundable and can not be transferred to a third party.
The services of the Club Premium are directly subject to the partner’s general terms and conditions of FIGARO CLASSIFIEDS. Consequently, FIGARO CLASSIFIEDS can not be held liable for any question, complaint and / or any prejudice related to the use of Club Premium services.
Article 2 – Membership subscription
To subscribe a Membership, Members must visit the Viadeo website, open the subscription page by clicking on the Premium tab located at the top right of the Site, then click on the "Becoming Premium" section, or click here.
The Subscriber completes the Subscription Form which is accessible online (Hereafter called « The Subscription Form »). By completing the Subscription Form, the Subscriber 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.
2.2 Subscription via IOS
If Subscription occurs via IOS, payement will be directly charged to the Member's Itunes account at confirmation of purchase.
Subscription is activated on reception of payement.
Any unusued portion of a free trial period - if offered - will be automatically forfeited with immediate effect as soon as the Subscription is activated.
Member commits for the term determinated in the corresponding Subscription form.
Subscription automatically renews unless auto-renew is turned off by the Member at least 24 hours before the end of the current period.
The Member's Itunes account will be directly charged for renewal within 24 hours prior the end of the current period and identify the cost of renewal.
Member has the possibility to manage his Subscription at any time and auto-renewal may be turned off by going to the user's Account Settings, according to the procedure described in Article 3 hereof.
Article 3 – Membership duration and modification
Members who purchase a Membership agree to abide by the Terms & Conditions hereof, for the duration specified in the corresponding Subscription Form.
If the Subscriber has opted for a payment by credit card or via PayPal, at the end of the initial term of Membership, the latter will be automatically renewed for the duration specified in the initial Membership agreement, unless the Subscriber decides otherwise by completing the following steps.
Subscribers may terminate at any time the Membership to which they have subscribed by following the procedure described hereunder.
If the payment was process by credit card:
- 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.
If the Subsciber processed the payment with PayPal after 2011, he/she is invited to follow the procedure described above for credit card payments.
If the Subsciber processed the payment with PayPal before 2011, he/she must follow the termination procedure of PayPal. To this end, he is invited to click here.
If the Subscriber does not see “Click to cancel auto renewal” on his/her account, it means that Membership will not be renewed.
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.
When a Subscriber subscribes to a Viadeo Freelance or Job Advance subscription, it substitutes for its current Premium Subscription. If applicable, the renewal of the subscription automatically. The initial premiums are canceled automatically in the subscription to one of these subscriptions.
Legal provisions, from the French Consumption Code, regarding tacit renewal:
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.
The provisions of this Chapter shall not apply to operators of drinking water and sanitation services.
The provisions of this Chapter shall also apply to contracts concluded between professionals and non-professionals.
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.
The different payment methods available to the Member are mentioned in the Subscription Form.
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 or the Paypal 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
Not participating, whether directly or indirectly, in setting up or developing a network with the aim of implementing practices assimilated to network sales schemes (Multi-Level Marketing – MLM), the recruitment of members, affiliate members, or Independent Direct Sellers (IDS), to constitute such a network or other similar practices.
Not using a Subscription for recruitment purposes, either directly or indirectly.
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 any case, the subscriber is not allowed to send more than 50 messages per month.
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.
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 email@example.com.
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