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Between The company JURNI CAREERS, a simplified joint stock company with a share capital of €500, whose head office is located at 14 AVENUE DU GENERAL DE GAULLE, 94160SAINT-MANDE, France, registered with the Créteil Trade and Companies Register under number 938484185 (hereinafter the “COMPANY”) and the User.
The COMPANY and the User are hereinafter, individually referred to as the” Party ” and collectively as the” Parties ”.
PREAMBLE
The COMPANY offers an introspective assessment in five steps (called “proDNA” assessment), designed by Géraldine Moreau, an occupational psychologist and career coach.
This assessment, accessible online via the Platform, analyzes the personality, strengths, strengths, motivations, needs and motivating skills of Users in order to guide them towards jobs in line with their aspirations and skills.
This service, which is based in part on Artificial Intelligence, aims to provide clarity and facilitate career orientation or transition procedures, through personalized advice based on the results of the assessment.
Some services are offered free of charge, while other advanced features (such as full access to results or personalized job recommendations) may be chargeable, in accordance with the Terms and Conditions available on the Site.
SECTION 1. DEFINITIONS
Within the framework of these T&Cs, the terms and expressions listed below and whose first letter will appear in capital letters have the meaning assigned below.
These terms will have the same meaning in the singular and in the plural.
-” CGU ”: refers to the present general conditions of use applicable to Users when using the Site and/or the Platform and accessible on the Site;
-” CGV ”: refers to the general conditions of sale defining the terms of access to the Services;
- “Customer” : refers to any natural person who enters into a contractual relationship with the COMPANY by accepting the GTCS in order to benefit from the Services. Customers are the End Users of the Services offered by the COMPANY;
- “Order” : refers to any act of purchasing a Service;
-” Account ”: refers to the interface bringing together all the data relating to the User created under the conditions provided for in the Terms and Conditions, accessible from the Site and/or the Platform and allowing the Customer to place an Order. This data includes in particular all personal information belonging to the User as well as information relating to his Orders;
-” Intellectual property rights ”: means any patent, copyright and related rights, moral rights, moral rights, trademarks, trade names and domain names, trademarks, trade names and domain names, design rights, computer software rights, database rights, rights to confidential information (including know-how and trade secrets), and any other intellectual property right, whether registered or not, and any other intellectual property right, whether registered or not, including all requests, renewals, or extensions of these rights and all rights or similar or equivalent forms of protection in force or to to come;
-” Identifiers ”: refers to the email address used by the User when creating his Account, as well as the confidential password allowing the User to access his Account;
-” Artificial intelligence ” or” AI ”: refers to a set of technologies that allow computer systems to perform tasks that generally require human intelligence, such as learning, analyzing data, providing recommendations, or adapting to new situations. AI can include algorithms for Machine learning or other advanced techniques that allow a machine to simulate certain human abilities to process and analyze data, automate processes, or improve the performance of various systems;
- “Site”: refers to the website published by the COMPANY, accessible at https://www.getjurni.io, allowing Users to consult information on the COMPANY, its Services, and to register on the Platform.
- “Platform” : refers to the web application operated by the COMPANY, accessible after registration via the Site or directly at the address provided by the COMPANY, on which Users can access free and paid Services, in particular the “proDNA” evaluation and personalized job recommendations.
- “Service” : refers to all the services offered by the COMPANY via the Site or the Platform, which may change over time. These Services include in particular:
i) The “proDNA” evaluation: an introspective evaluation in five steps analyzing the personality traits, deep motivations, needs and motivating skills of the Client, aimed at identifying the fundamentals necessary for his professional development;
ii) Personalized job recommendations: job suggestions adapted to the unique profile of the Customer.
The Services may include a free version, accessible without payment, and/or a paid version, giving access to additional functionalities or content governed by the CGV.
The details and characteristics of the Services are presented on the Site at the time of their use or the Order. The Customer benefits from the Services as described at the time of the Order, without subsequent changes to the Site affecting the services already provided.
- “User” : refers to any person who accesses and navigates the Site without necessarily entering into a contractual relationship via the CGV for the purchase of a Service. Users may consult the information available on the Site, including descriptions of the Services, but do not actively participate in the COMPANY's ecosystem until they accept the Terms and Conditions and do not become Customers. Users are subject to the Site's Terms of Use, which regulate access to information and use of the Site.
SECTION 2. OBJECT
The COMPANY operates the Site and the Platform in order to offer, remotely and electronically, various assessment and professional support services, as defined in article 1.
The purpose of these T&Cs is to define the conditions and methods of access, navigation and use of the Site and the Platform by any User, whether accessing free or paid Services.
They also determine the respective rights and obligations of the COMPANY and the Users in the context of this use.
The CGU apply without restriction or reservation to any User of the Site and/or the Platform. Access to paid Services is subject to the placing of an Order and the prior acceptance of the applicable General Terms and Conditions of Sale (GTC).
SECTION 3. ACCEPTANCE OF THE TERMS AND CONDITIONS
Any connection to the Site and/or to the Platform is subject to compliance with these Terms of Use, accessible at any time by a direct link on the Site.
Any access to or use of the Site or the Platform implies the concomitant and unreserved acceptance of the Terms and Conditions. The CGU apply exclusively to any use of the Site and/or the Platform and prevail over all other conditions, except those that have been expressly accepted by the COMPANY. Therefore, all other conditions are binding on the COMPANY only after written confirmation by the COMPANY.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SITE AND/OR THE PLATFORM IMPLIES THE EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE BY THE USER OF THE TERMS AND CONDITIONS. BY BROWSING THE SITE OR ACCESSING THE PLATFORM, THE USER ACKNOWLEDGES THAT HE IS BOUND BY ALL THE TERMS AND CONDITIONS.
SECTION 4. USE OF THE SITE AND/OR THE PLATFORM AND CREATION OF AN ACCOUNT
To use the Site and/or the Platform, it is necessary that Users:
- have a computer, a smartphone and/or a tablet connected to an Internet network;
- access the Site or the Platform;
- have an Internet connection;
- and/or create an Account in accordance with the procedures set out below.
The use of the Site as well as the creation of an Account on the Platform are free.
Users guarantee that they have full legal capacity to register and use the Site or the Platform, and in particular that they are not a competitor of the COMPANY and/or not to register and use the Site or the Platform in order to compete with the COMPANY in a fraudulent manner and/or to harm its interests.
To use the Platform, the User must be at least 15 years old. Users under the age of 15 must obtain the prior authorization of their legal representative before creating an Account or using the Services.
The use of the Site by a User does not require the prior creation of an Account. Access to the Services offered on the Platform requires the prior creation of a Personal Account.
If the User wishes to place an Order and become a Customer, he must accept the Terms and Conditions of the Site accessible here.
To create an Account, the User must fill out a registration form including: his name, his first name, his e-mail address, his age, his status (student, employee, etc.), his professional experience (in years), his gender and his country of residence. He must choose a password containing at least eight (8) characters of four different types: lowercase, uppercase, numbers and special characters, in accordance with the recommendations of the CNIL (https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-un-bon-mot-de-passe). His email address is his login ID.
A User who has created an Account has the possibility to personalize his profile:
- password change;
- modification of preferences.
The login ID and password are personal, confidential and not transferable to third parties. The User is the owner of the Account created and accesses it through his Identifiers.
It is up to the User to ensure that the confidentiality of these Identifiers is maintained. Otherwise, the COMPANY cannot be held liable in the event of fraudulent use of this information.In the event of loss and/or forgetting the password, the User may request it to be reset from the Platform.
The User guarantees the veracity and accuracy of the information that he communicates to the COMPANY through the Platform. The creation of the Account can only be validated following the express acceptance of the Terms and Conditions and the privacy policy, accessible by clicking here, the User acknowledging having read them.
The COMPANY reserves the right to refuse or delete an Account in the event of non-compliance with these Terms and Conditions. Users wishing to access their Account are invited to use their Identifiers. The data communicated by the User will soon be accessible and modifiable from their Account, in the “My Information” section. Until then, any request for correction may be sent to the COMPANY at the address: contact@getjurni.com.
Each User guarantees that the data and documents communicated are sincere, accurate and in accordance with reality and are not in any way misleading. He undertakes to provide a valid email address that he is the sole owner of, as well as consistent information concerning his profile (age, status, experience, country).
The User undertakes to provide true, accurate, up-to-date and complete information, in particular concerning his identity, in accordance with the law on trust in the digital economy (law known as “LCEN”). Consequently, he undertakes not to create a false identity likely to mislead the COMPANY or third parties and not to usurp the identity of another legal or natural person.The user also undertakes not to transmit information that could infringe the rights of third parties (in particular use of the surname name, of the pseudonym, of a trademark registered by a third party, or of works protected by intellectual property law) and/or to public order.
It is up to the User to communicate any change relating to his personal information. To do this, the User must go to his Account and modify his data or request it by contacting the COMPANY at the address indicated above.
Since the COMPANY does not have control over the accuracy or reliability of the information provided by Users, it cannot under any circumstances be held responsible for the consequences resulting from the provision of incomplete or erroneous information.
In the event that the User provides false, inaccurate, erroneous, erroneous, erroneous, erroneous, outdated, outdated, incomplete, misleading or misleading information, the COMPANY reserves the right to refuse or suspend all access to the Site or the Platform.
The User is required to ensure, at the end of each session, that he has actually disconnected from the Site or the Platform, in particular when accessing it from a shared or public computer. In the event of suspicion of fraudulent use of his Account, the User must notify the COMPANY as soon as possible so that it can take all measures to remedy it.
The COMPANY cannot be held responsible for the usurpation and/or fraudulent use of an Account in the event of unauthorized, fraudulent or abusive use, or due to voluntary or involuntary disclosure by the User to a third party who has accessed the Site with his identification elements. The User remains solely responsible for the use that may be made of his Account by a third party who has accessed the Site with his Identifiers.
It is specified that in the event of violation of the Terms and Conditions by the User, the COMPANY may freely refuse to open an Account to the User concerned.
SECTION 5. DEACTIVATING THE ACCOUNT
5.1 Account Deactivation
The Account remains active as long as the User does not deactivate it and respects the CGV and the CGU.
However, any Account of a User who is completely inactive continuously for three (3) consecutive years will, subject to the application of legal or regulatory provisions, be archived by the COMPANY and will no longer be available on the Site or the Platform.The User reserves the right to deactivate, without reason, at any time his Account and/or delete it.
To do this, the User may send a request by email to the following address: contact@getjurni.com, by requesting the deactivation of their Account, or deactivating them directly from their Account on the Platform.
The deletion of an Account is final. The Account and the associated personal data are deleted or anonymized irreversibly, within the time limits provided for in the COMPANY's privacy policy. However, it is expressly agreed that some data may be retained for legal purposes, in particular accounting or evidentiary purposes, in accordance with this policy.
Deleting an Account does not prevent Users from re-registering and creating an Account again.
5.2 Account suspension in case of breach
In the event of non-compliance with the obligations arising from the acceptance of the GTCS or the CGU, payment incidents related to an Order, the delivery of erroneous information when creating the Account, or acts likely to harm the interests of the COMPANY, the COMPANY reserves the right to suspend access to the Site and/or the Platform without notice. Depending on the severity of the facts, the COMPANY may proceed with the deletion of the User Account, without damages being able to be claimed.
The COMPANY will inform the User by email of the suspension and/or deletion of their Account.
In the event of fraud or attempted fraud, the Account concerned may be subject to immediate suspension or deletion at the sole discretion of the COMPANY. Where appropriate, the COMPANY reserves the right to transmit, in accordance with the regulations in force, any information relating to the Account concerned to the competent authorities and/or financial institutions.
It is expressly agreed that in the event of suspension or closure of the Account, the User will no longer be able to access the Site or the Platform, unless a new Account is created after explicit authorization from the COMPANY.
SECTION 6. ACCESS AND AVAILABILITY OF THE SITE AND THE PLATFORM
The Site and the Platform are in principle accessible seven (7) days a week (7) and twenty-four (24) hours a day.
However, the COMPANY cannot guarantee uninterrupted or error-free operation of the Site or the Platform.
The COMPANY reserves the right to interrupt or temporarily suspend access to the Site and/or the Platform, with or without notification, in particular in order to ensure corrective or evolutionary maintenance operations, security updates, or even to change the content, presentation or functionalities, or for any other legitimate reason. As far as possible, the COMPANY will inform Users prior to such an operation.
In addition, Users acknowledge that access to the Site or the Platform may be interrupted for reasons beyond the control of the COMPANY (host, Internet network, etc.), and that the COMPANY cannot therefore guarantee continuous permanent access.
In any event, the COMPANY cannot under any circumstances be held responsible for any interruption and/or malfunction of the Site or the Platform, regardless of the cause.
Users are invited to inform the COMPANY of any technical problem they encounter while browsing and/or using the Site or the Platform.
SECTION 7. GUARANTEES, OBLIGATIONS AND RESPONSIBILITY OF USERS
7.1 By accessing the Site and/or the Platform, the User declares, guarantees and undertakes to:
- access the Site and/or the Platform in good faith, in a reasonable manner, and not contrary to the terms hereof;
- not to directly or indirectly market the Site or the Platform and/or their access;
- not allow third parties to use your Account;
- not to reuse all or part of the Site or the Platform, in particular for commercial, collective or personal purposes, in a form and/or media not authorized by the COMPANY.
7.2 It is strictly forbidden to use the Site or the Platform for the following purposes:
- the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties;
- the violation of public order or the violation of laws and regulations in force;
- intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security;
- the sending of unsolicited e-mails and/or commercial prospecting or solicitation; the reproduction, copying or misappropriation, for personal or professional purposes, of the concept, technology or any other element belonging to the COMPANY;
- manipulations intended to improve the referencing of a third party site;
- assistance or encouragement, in any form and in any manner whatsoever, to one or more of the acts and activities described above;
- more generally, any practice that diverts the Site or the Platform for purposes other than those for which they were designed.
- The following are also strictly prohibited:
i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Site or the Platform;
ii) any intrusions or attempts to intrude into the COMPANY's systems; any diversion of the system resources of the Site or the Platform;
(iii) any actions likely to impose a disproportionate burden on the COMPANY's infrastructures;
iv) any breaches of security and authentication measures;
- any acts likely to infringe the financial, commercial or moral rights and interests of the COMPANY or users of the Site and the Platform;
iv) and, more generally, any breach of the CGU.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Site or the Platform, as well as to the information hosted and shared there.
7.3. Users are solely responsible for choosing to use the Site or the Platform, for their suitability to their needs, for securing their computer system and for backing up their data.
In addition, they are personally responsible for the use of the Site or the Platform as well as for the information provided in particular as part of the creation of their Account.
Users guarantee and indemnify the COMPANY against any damage suffered by it and against any liability action taken against it due to a violation of the Terms of Use and/or any right of a third party. In the event of serious fraud, the COMPANY reserves the right to communicate all the necessary information to the competent bodies responsible for the suppression of such fraud and offences.
7.4. In the event of a breach of any of the provisions of the CGU, or more generally of a violation of the laws and regulations in force by a User, the COMPANY reserves the right to take any appropriate measures and in particular to:
- interrupt or suspend, without prior notice, temporarily or permanently, all or part of the Site or the Platform for the User responsible for the breach or having participated in it;
- suspend or terminate the User Account without notice, it being understood that this termination will take place without prejudice to any damages that the COMPANY may claim;
- notify any authority concerned;
- and take any legal action.
In the event that access to the Site or the Platform is suspended, and regardless of the reason, Users will not be able to claim compensation of any kind whatsoever.
SECTION 8. RESPONSIBILITIES AND GUARANTEES OF THE COMPANY
The intervention of the COMPANY is strictly limited to the provision of the Site and the Platform, allowing the User to access a service for evaluating and recommending careers generated in part by an Artificial Intelligence system. This service is for information and support purposes, without constituting individualized professional advice or a guarantee of results.
The User expressly accepts that the COMPANY cannot be held responsible for any direct, indirect, incidental, incidental, incidental, or punitive damages, etc., as well as for any loss of profits or income, which may be incurred by the User, directly or indirectly, related to:
- to access or use of the Site and/or the Platform;
- the inability of the User to access or use the Site and/or the Platform; and
- to any unauthorized access, use or alteration of the User's transmissions.
The COMPANY reminds all Users that it strives to make its best efforts to avoid any problem with the use of the Site and the Platform but that its responsibility can in no way be incurred for any damage resulting from the use of third party sites to which the User may be redirected. The user is solely responsible for his use of the Site and/or the Platform.
The User accepts and acknowledges that he is solely responsible for the information contained on the Site and/or the Platform that he has transmitted to the COMPANY.
The COMPANY declines all responsibility in the event of possible loss of information accessible on the User's Account.
The COMPANY does not act as an internet access provider. As such, the COMPANY cannot guarantee neither the quality of the internet connection, nor the absence of interruption specific to the network.
The COMPANY undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site and the Platform. As such, the COMPANY reserves the right to temporarily interrupt their access for maintenance reasons.
Likewise, the COMPANY cannot be held responsible for temporary difficulties or impossibilities of access to the Site or the Platform which would be caused by circumstances external to it, force majeure, or which would be due to disturbances in telecommunications networks.
The COMPANY cannot be held responsible for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees in terms of the volume and speed of data transmissions. Under these conditions, it is the responsibility of Users to take all appropriate measures in order to protect their own data and/or software, in particular from contamination by possible viruses circulating on the Internet.
It is also specified that the COMPANY does not control websites that are directly or indirectly linked to the Site or to the Platform. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
The COMPANY does not guarantee to Users (i) that the Site, the Platform or the Services subject to constant research to improve their performance and progress, will be completely free of errors, defects or defects, (ii) that the Site, the Platform or the Services being in no way offered for the sole purpose of a given User in accordance with their own personal constraints, will specifically meet their personal needs, constraints and expectations.
No information or advice provided by the COMPANY to Users in connection with the use of the Site, the Platform or the Services should be considered as the granting of a guarantee.
The COMPANY cannot be held responsible to the User for any loss or damage that he may suffer as a result of any temporary or permanent change or deletion by the COMPANY in the offer or the functions offered on the Site and/or the Platform.
In any event, the liability that may be incurred by the COMPANY hereunder is expressly limited to only proven direct damage suffered by the User.
SECTION 9. PUBLICITY
The COMPANY reserves the right to insert on any page of the Site and/or the Platform, as well as in any communication sent to Users, advertising or promotional messages in a form and under conditions of which the COMPANY will be the sole judge.
The User therefore accepts the display of such messages on the Site and/or the Platform.
In its capacity as publisher of the Site and the Platform, the COMPANY remains free to market, directly or indirectly, the advertising spaces available from advertisers or partners of its choice. The User acknowledges that he has no rights to these advertising spaces and is prohibited from making any request or action in this respect.
SECTION 10. THIRD-PARTY LINKS AND SITES
When using the Site and/or the Platform, Users may have access to various links directing them to third party sites and in particular to partner sites.
Under no circumstances can the COMPANY be held responsible for the technical availability of websites or mobile applications operated by third parties that the User would access through the Site.
The COMPANY does not assume any responsibility for the content, advertising, products and/or services available on such third party sites and mobile applications, which are reminded that they are governed by their own terms of use.
The COMPANY is also not responsible for transactions between the User and any advertiser, professional or merchant to which the User is directed through the Site, and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.
SECTION 11. INTELLECTUAL PROPERTY
The content, structure and software implemented for the operation of the Site, the Platform and the Services are protected by copyright.
Any representation or reproduction in whole or in part of the Site, the Platform and/or the Services without the agreement of the COMPANY constitutes a violation of the provisions of the Intellectual Property Code and will be likely to give rise to legal proceedings (article 335-2 and following of the Intellectual Property Code). Any reproduction of data disclosed on the Site or the Platform engages the responsibility of the User and may, in addition, lead to legal proceedings, in particular for counterfeiting.
The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process. The distinctive signs of the COMPANY, such as domain names, brands, names as well as logos appearing on the Site and the Platform are protected by the Intellectual Property Code.
Any total or partial reproduction of these distinctive signs made from the elements of the Site and/or the Platform without the express authorization of the COMPANY is therefore prohibited.
SECTION 12. MISCELLANEOUS
12.1 Duration
The CGU are valid and apply as long as Users browse the Site and/or the Platform.
12.2. Modification
The COMPANY reserves the right to modify the T&Cs at any time, in particular in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution of the Site and/or the Platform.
The version that prevails is the one that is accessible online on the day the Site and/or the Platform is used.
Any use of the Site and/or the Platform by the User after publication of the amended T&Cs constitutes unreserved and express acceptance by the latter of the new T&Cs.
The CGU are updated regularly. Therefore, Users are invited to consult them each time they visit the Site and/or the Platform.
In the event of disagreement with the new provisions of the CGU, the User undertakes to stop accessing the Site and/or the Platform.
12.3. Partial invalidity
In general, if one or more of the clauses or stipulations of the CGU were held to be invalid or declared null or not enforceable by law, a regulation or following a final decision by a competent court, the other stipulations will remain in full force and scope.
12.4. Language
The language applicable to the CGU is French.
If a translation is carried out, only their version in French will have contractual value.
12.5. Proofs
The files, data and messages recorded in the COMPANY's computer systems will be admitted as proof of acts and facts between the COMPANY and the Users.
Record keeping will be presumed, in the absence of evidence to the contrary, to have taken place under reasonable conditions of security if messages, data and other documents are recorded systematically on a reliable and durable medium.
