General Conditions of Use of the Service provided by L’Express Franchise

BETWEEN
L’EXPRESS CONNECT, a simplified joint-stock company with capital of €21,755, registered with the Lyon Trade and Companies Registry under number 909 027 526, whose registered office is located at 3 quai de la Pêcherie 69001 Lyon,

Hereinafter referred to as the ” Company “.

AND, JOINTLY :

The ” Network Heads ” and the ” Candidates “, designated as follows:

  • Any Professional who has taken out a subscription with What The Franchise Company, thus enabling him to publish information on the What The Franchise Company website with a view to developing his network and, as such, is likely to receive requests for contact from Candidates under the conditions specified below;

Hereinafter referred to as the ” Network Head “,

  • Any person visiting the What The Franchise website, regardless of their profile (individual, professional, Franchisee, Franchisor, Licensee, Licensor, etc.), whether or not they intend to consult the information concerning the Network Heads with the possible aim of proposing their candidacy.

Hereinafter referred to as the ” Candidate “,

Network Heads and Candidates are collectively referred to as ” Users “.

What The Franchise and the Users will hereinafter be collectively referred to as the ” Parties “.

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The following is a reminder;

PREAMBLE

1. These General Terms and Conditions of Use (hereinafter the “ GTCU “) govern the conditions of use of the www.lexpress-franchise.com website (the “Platform”), published by the Company. They are deemed accepted for any use of the site by any person, by his or her browsing alone.

Users fully agree, without restriction or reservation, to abide by these GCU and to submit to the penalties provided for in the event of violation of their provisions.

2. The Company reserves the right to modify these GCU at any time. The modified general terms and conditions of use are published on the site.

Users declare that they accept all subsequent modifications, which will take effect from the time they are indicated in a pop-up window that appears when they connect to the Platform.

ARTICLE 1 – Purpose

The Company provides an online matching service between Network Heads and Candidates who have created an account, upon conclusion of a contract, thus enabling them to access said network (the “ Service “).

This matchmaking is achieved by providing an interactive interface and search engine, by giving Candidates access to showcases and offers posted by Network Heads, and by giving Network Heads access to the profiles of Candidates who have created an account on the Platform.

The purpose of these General Terms of Use is to define the conditions of use of the Service.

ARTICLE 2 – Conditions of access to the service by Users

The Service, accessible via the Platform, enables Candidates to access the showcases dedicated to the Network Heads’ brands and to apply directly to them. The Network Heads can then send their response.

In order to benefit from the Service and be put in touch with Network Heads free of charge, Candidates must create an account on the Platform, by filling in a questionnaire relating to their contact details and requirements.

Unlike Candidates, for whom the Service is free of charge, the Network Head has access to the Service by taking out an annual subscription, as provided for in the GTCS. The Network Head’s subscription includes the creation of videos and photos taken by the Company during filming, and the integration of this content into a personalized showcase, which is put online on the Platform. This showcase is then accessible to Candidates, who can send their applications directly to the Network Heads after creating their account.

The Company reserves the right to constantly modify and optimize the Service.

ARTICLE 3 – Conditions of use of the Service

ARTICLE 3.1 – Use of the Service by the Network Head

The creation and posting of a Network Head showcase, whose content will be accessible to Candidates, enables the Network Head to present its offers and target audience. The Network Heads can access the profiles of Candidates who have created an account via the online form and respond directly to Candidates who send them an Application.

ARTICLE 3.2 – Use of the Service by the Candidate

Any Candidate who has completed and submitted the questionnaire proposed to the Company, enabling him or her to create a user account, may apply for jobs posted online by the Network Heads. The latter can then respond directly, or discuss the terms of the application and offer. The Candidate is then free to decide whether or not to act on the responses received from the Network Heads.

The Candidate acknowledges that applications sent to Network Heads via the Platform are subject to moderation before transmission. He accepts that his request may not be forwarded to the Network Head if the Company identifies any breach of its obligations under this contract.

Candidates may delete their user account at any time. His/her data may nevertheless be retained, in accordance with the Platform’s Privacy Policy.

ARTICLE 4 – User obligations

The User undertakes to provide accurate, up-to-date and complete information on his/her identity and needs. He/she certifies that the documents he/she submits in support of his/her application are genuine and truthful.

He/she undertakes not to misrepresent any data or information, nor to usurp any quality, attribute or identifier likely to mislead or create any confusion as to his/her identity or qualifications.

The User undertakes not to hinder or disrupt access to and operation of the Service.

He agrees not to use the Platform to disclose information about third parties without their consent, to disseminate content prohibited by law (defamatory, abusive, obscene, immoral, violent, racist, sexist, inciting hatred, …) or by professional codes of ethics, or to disseminate hyperlinks to illegal websites, offensive, or reporting other activities he wishes to promote. It is also forbidden to send unsolicited bulk messages. Generally speaking, and this list is not exhaustive, the User undertakes not to disseminate any content contrary to the purpose of the service, and to express himself or herself in suitable terms.

The User undertakes not to take or use the data and information on the site for illicit purposes or purposes contrary to the purpose of the service, nor to use any information or procedures for the purpose of diverting the clientele of Têtes de réseau.

ARTICLE 5 – Penalties for breach of obligations

The User is solely responsible for the use he makes of the information and data of any kind made available through the Service. He undertakes to use this data without infringing the rights of third parties and in conditions compatible with the Service.

In the event that the User contravenes the provisions of these GCU, the Company reserves the right to take all necessary steps to put an end to the infringement (deletion of the published content, deletion of the account, etc.), as well as to immediately cut off the User’s access to the Platform and prohibit the User from accessing it in the future.

ARTICLE 6 – Payment for the Platform Service

Access to the Platform and the Matching Service provided by the Company is free of charge for Candidates. It is subject to an annual subscription for Network Heads, under the conditions stipulated in the GCS.

ARTICLE 7 – Limitation of liability

1. The Company does not guarantee the completeness or accuracy of the information transmitted by Users and shall not be held liable in any way whatsoever. The Company may not be held liable for any modification to the information or databases of Users. It cannot be held responsible for messages, information, hypertext links or content that it has not directly created or produced, nor can it guarantee their accuracy, relevance and, in general, any errors or omissions they may contain. It has no control over the capacity or quality of Network Heads or Applicants.

2. The Company is not responsible for exchanges between Candidates and Network Heads, nor for their character and compliance with legal requirements.

3. The Company is in no way responsible for the content of websites, even legal ones, referred to by hypertext links published on the Platform, by the Company or by Users.

4. The Company may not be held liable for any breakdown or interruption of the Platform, loss of data, deterioration of the computer or its components, and more generally for any damage suffered by Users as a result of their access to the Platform. The Company is not liable for the User’s inability to access the Platform, for any interruption of the Internet network or for any malicious third-party intervention (cyber-attack, computer virus, etc.). The Company is not responsible for the acquisition, reception or downloading of information during the use of the Service by the User.

5. It shall not be held liable for the voluntary and justified closure of access to the Platform to a User.

6. The Company only intervenes at the stage of establishing contact between the Network Head and the Candidate. It cannot be held liable for any dispute arising from the negotiations between the Network Leader and the Candidate, or from the contract concluded between them.

ARTICLE 8 – Personal data

Pursuant to Act no. 78-17 of January 6, 1978 as amended and General Data Protection Regulation no. 2016/679 of April 27, 2016, Users are reminded that the collection of User data by the Platform is necessary to guarantee them access to the Service.

The data of the Candidate who has filled in the form is accessible to all Network Heads, and the Network Heads’ shop windows are visible to visitors to the Platform.

The information provided by the Network Heads may be used by the Company to contact the persons listed in order to improve the Service. The Company is authorized to send communications and marketing campaigns to the Network Head. However, the Network Head may unsubscribe from all communications by sending an email to the following address: [email protected].

The Company undertakes to ensure the security of the personal data it retains for the purposes of carrying out and monitoring the matchmaking process, and to comply with current regulations on the protection of personal data, in accordance with its Privacy Policy.

In accordance with current national and European regulations, Users have the right to permanent access, modification, rectification, deletion, opposition, portability and limitation of the processing of their personal data. They may exercise this right by sending an e-mail to the following address: [email protected].

ARTICLE 9 – Intellectual property rights

The content of the www.lexpress-franchise.com Platform, in particular its structure, design, interfaces, databases, texts, digital content, brands, images, videos, music and all graphic elements that make it up, as well as HTML referencing tags (meta-tags), excluding content belonging to third parties, are the exclusive property of the Company, this list not being exhaustive.

Videos and photos taken by What the Franchise as part of the subscription content remain the exclusive property of What the Franchise and may only be used on the Platform, unless the rights are purchased by the Network Head in accordance with the GTC.

This content is protected by French and international intellectual property laws.

Any total or partial unauthorized reproduction of this content is strictly prohibited and may constitute an infringement of copyright and counterfeiting, punishable by the French Intellectual Property Code.

ARTICLE 10 – License agreement

The User retains all rights to the content he or she publishes (text, images, videos, cover letters, etc.). However, he grants the Company a non-exclusive, free license to use the content he publishes.

This license allows the Company to use the content and to grant sub-licenses for the purpose of performing the contract. The license takes effect upon publication of the content and remains in force for the duration of the contract.

ARTICLE 11 – Severability of clauses

In the event that one or more of the stipulations herein are held to be invalid or declared as such pursuant to a legislative or regulatory provision or following a final judicial decision, the other stipulations of the GCU shall retain all their force and scope, and the GCU shall be interpreted and executed in such a way as to give effect to the intention of the Parties as originally expressed.

ARTICLE 12 – Applicable law, statute of limitations and jurisdiction

1. Any dispute involving these GTUs and, in general, What the Franchise, shall be governed by French law.

2. In the event of a dispute, the parties will attempt, before any other procedure, to resolve the dispute amicably. They will send a registered letter with acknowledgement of receipt setting out their objections. Any action brought before the courts within thirty (30) days of receipt by the other party of the registered letter will be inadmissible.

3. In accordance with Article 2254 of the French Civil Code, the parties set the limitation period for rights and liability claims against What the Franchise at one (1) year from receipt of the letter referred to in the previous paragraph.

4. In the event of failure to resolve the dispute amicably, any dispute involving the present contract in any way whatsoever, whether concerning its applicability, performance or termination, this list not being exhaustive, shall be brought before the Commercial Court of LYON, even in the event of multiple defendants.