TransparencyAtWork

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TERMS OF SERVICE


Revised: August 6, 2018

1. Purpose

The following general terms and conditions (“Terms”) are intended to define the terms of use of the services offered on the websites www.internsgopro.com and www.transparencyatwork.org (hereinafter the “Our Platform”) or any other application programming interface developed by InternsGoPro (hereinafter the “API”) and available on a third party website (hereafter the “Services”), as well as to define the rights and obligations of the parties within this framework. They can be accessed and printed at any time through a direct link at the bottom of the Our Platform’s homepage. They may be supplemented, when appropriate, by special terms and conditions specific to certain Services. In the event of contradictions, the special terms and conditions shall prevail over the general terms and conditions.

2. Service Provider

The Services are conceived and, where applicable, provided by Intern, a simplified joint-stock company, with a capital of 1.000 euros, registered with the Paris Trade and Companies Registry under number 809 820 376, whose registered office is at 3 Rue du Docteur Heulin, 75017 Paris, France (hereinafter: “IGP”).” IGP can be contacted at the following:

3. Service Access

The Services are available to individuals and legal entities registered according to the process described in article 5 below, provided the following conditions are met (hereinafter the “Users”) :

4. Acceptance of the General Terms and Conditions

Acceptance of the present general terms and conditions is acknowledged by checking a box that must be ticked in order to either (i) complete a survey or (ii) complete the registration process which permits access to the Services, according to the process described in article 5 below. This acceptance can only be full and unequivocal. All adherence made with reservations will be considered null and void. Persons who do not wish to be bound by the following general terms and conditions must not use the Services.

5. Registration

Use of the Services, requires registration in one of the following ways:

If the User is an employer, registration will trigger the opening of an account in the name of the User (herineafter the “Account”), which will give them access to an employer space (hereinafter the “Employer Space”), which in turn will allow them to manage their use of the Services in whatever form and with whichever technical means IGP deems the most appropriate to deliver said Services. The User guaranties that all information provided during the registration process is true, up-to-date and sincere, and is not misleading.

The User commits to updating the information in their Personal Space when a change occurs, so that the information remains true, up-to-date, sincere and not misleading. The User is informed and accepts that the information provided during the creation and updating of their Account is proof of their identity. The information provided by the User is binding as soon as it is validated.

If the User is an employer, the User may access its Employer Space at any time by logging in with their user ID and password. The User agrees to personally use the Services and to refrain from allowing any third party to use the account in their stead or for the third party’s interest, in such a case the User assumes full responsibility. The User will also be responsible for maintaining the confidentiality of their user ID and password. If the User notices a third party has used their account without the User’s knowledge, the User must contact IGP using the contact details mentioned above in article 2. The User acknowledges that IGP has the right to take any measures it sees fit to deal with such an event.

6. Using Our Platform

6.1 Third-Party Content on Our Platform

Content from other users, advertisers, and other third parties is made available to you through Our Platform. Content means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Our Platform (“Content”). Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. We generally cannot be held liable for claims arising from the Content provided by third parties on Our Platform. We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, intern, or provide work that is an integral part of the employer's value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as 'employees' with regard to Content left on Our Platform.

6.2 Rules for all Users

You represent and warrant that you will use Our Platform solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted on Our Platform ("Your Content"). You understand that you may expose yourself to liability if Your Content or other use of Our Platform violates applicable law or any third-party right. You agree that you will not:

6.3 Links to Third-Party Websites.

Our Platform may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Our Platform, our terms and policies do not govern your use of third-party websites.

6.4 Special Provisions Applicable To Employers

Our Platform offers freemium and premium services to employers. Freemium services. Our freemium option allows employers to ask their young professionals to review their work experience via Our Platform and get a report for free. Employers who choses this freemium option can decide whether to publish data and pay for additional services, such as promotion or premium report. The data collected by Our Platform through our freemium option is unpublished by default. The employer has the option to publish it. In the event the employer does not chose to publish the data collected by Our Platform, Our Platform may still use the data for the following purposes:

6.5 Special provisions applicable to education partners

We partner with education institution (universities, schools etc.) which may use our API to collect data on their students. By using our API, our education partners consent to publish the data collected on Our Platform. Our education partner get access to our partner backend, which gives them the following functionalities:

7. Posting Jobs on Our Platform.

Companies may not post any job ad that:

8. Reviews on Our Platform

Employers may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews. You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.

9. Enforcement

9.1 Removal of Content

While Our Platform has no obligation to do so, Our Platform reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Our Platform, or that we deem, in our sole discretion, inappropriate. If you see any Content on Our Platform that you believe violates our policies, you may report that Content by contacting us here. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

9.2 Other Enforcement Actions

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Our Platform; suspending your rights to use Our Platform; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

9.3 Defending Our Users

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

9.4 Rights to Your Content

We do not claim ownership in any Content that you submit to Our Platform but you grant us the rights to use such Content as set forth below. To the extent your Content contains personal information, this personal information are protected by our privacy policy. By submitting any Content to Our Platform, you hereby grant to us an unrestricted, irrevocable, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content as long as it is anonymized by us, in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Our Platform's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Our Platform and to make Content submitted to or through Our Platform available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Our Platform. You should only submit Content to Our Platform that you are comfortable sharing with others under the terms and conditions of these Terms.

9.5 Rights to Our Platform Content

Our Platform contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and IGP owns and retains all property rights in Our Platform. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Our Platform solely for your personal use in connection with using Our Platform. Except when you have been authorized by us to use our API or our widget, and except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Our Platform or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Our Platform. The trademarks, logos and service marks ("Marks") displayed on Our Platform are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

10. Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Our Platform, including due to or arising from your breach of any provision of these Terms.

11. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited. You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Our Platform. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Our Platform, whether caused by users or by any of the equipment or programming associated with or utilized on Our Platform. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Our Platform or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Our Platform. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Our Platform or from any Content posted on Our Platform or transmitted to users, or any interactions between users of Our Platform, whether online or offline. Our Platform is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Our Platform will meet your requirements; (2) Our Platform will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Our Platform will be accurate or reliable. You hereby release IGP from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events. IN NO EVENT SHALL IGP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IGP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED EUROS (€100).

12. Termination

These Terms remain in effect while you use Our Platform and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Our Platform, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Our Platform. For the avoidance of doubt, you agree that these Terms apply to your use of Our Platform and any Content posted on Our Platform at any time prior to the termination or expiration of these Terms.

13. Changes to Terms

We may revise these Terms from time to time by posting an updated version on Our Platform. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Our Platform is subject to the most current effective version of these Terms.

14. Governing law and Dispute Resolution

These general terms and conditions are governed by French law. In the event of dispute over the validity, interpretation and/or execution of these Terms, the parties agree that the Paris courts shall have sole jurisdiction, unless otherwise stipulated by a mandatory procedural rule.