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Legal

1 WARNING

BREEK conceived, developed and exploits the SUPRGREEN website, accessible through http://www.suprgreen.com, that allows users to create, publish and/or access Offers and Trainings about environmentalism and sustainable development.

The SUPRGREEN are solely adressed to natural persons looking for a job ("Applicants") and information regarding environmentalism and sustainable development and to corporate bodies looking for employees ("Employers").

Any other usage of the Services and their contents is strictly forbidden. In particular, it is forbiddent to use the content of the Offers and the Profiles of the Applicants to other ends than the search for an employee or the search for a job, for example to sell or promote other services or products and/or sending spam messages.

In accordance with established practices on the internet, each user accepts that Breeks reserves the right to include or associate any advertising it wishes within the web pages where the content will be published.

BREEK warns every User on its obligation de respect third pary rights, and in particular brand rights, copyrights, and privacy, as well as every provisions of law applicable on the Internet.

Every User is informed of the lack of reliability of the Internet, in particular in terms of security in data transmission, unwarranted continuity of access to the website, and unwarranted performances in terms of volume and speed of data transmission.

After taking notice of all the information necessary to the usage of the website ans its services, the User has been willing to benefit from the Services in accordance with the following conditions.

2 DEFINITIONS

Each of the following expressions will have, in the present Terms and conditions, the meaning that has been given, which is :

  • "Offers" : Request published by an employer under its sole responsibility, through a form within the "Jobs" section.
  • "Directory" : Directories appearing within the website's Sections, censing companies and Trainings.
  • "Comments" : comments published by a User on the Blog.
  • "Account" : account opened after subscription, that can be accessed using identification chosen by the User during the subscription process.
  • "Content" : Every element (pictures, sounds, text, design etc) that is part or the totality of the information published on-line by the Users, in particular within an Offer, a Profile, or a Training.
  • "Applicants" : natural persons looking for a job.
  • "Employers" : corporate bodies looking for employees. Within the website, recruitment firms and personnel placement companies are considered Employers. They benefit from the same services, and are subject to the same obligations.
  • "Personnal section" : a section dedicated to each User.
  • "Trainings" : Trainings about environmentalism and sustainable development offered by a User.
  • "Form" : Subscription form the user must necessarily fill to subsribe and benefit from some Services. There is a different form for the Offers, the Companies directory and the Trainings directory.
  • "Internet" : every digital network and interconnected telecommunications of worldwide dimension, allowing access to contents by internet users, through servers.
  • "Profile" : every piece of information concerning a User.
  • "Section": Every web page built of information and forms, referred to as "Jobs", "Companies", "Trainings", "Profiles", "Blog".
  • "Services" : information services, Offers and Directories published through Sections".
  • "Users" : represents Employers and Applicants for every common rights and obligations by means of the usage of the web site and the Services.

3 PURPOSE

The present Terms & conditions aim at defining in which conditions the User uses BREEK's web site and Services.

The use of Sections, Services and or Forms leads inevitably to the acceptance of the present Terms & conditions.

The User acknowledges being aware of the present Terms and conditions and declares agreeing to them withou reserve.

The Employers declares he has been capacitated by his company and duly authorised by the legal representative of his company to subscribe to the Services and fill every associated Form.

4 LENGTH AND EFFECTIVE DATE

The present Terms & conditions come into force starting :

  • At the first visit on the web site, its simple consultation being subordinate to the respect of the present Terms and conditions
  • The validation by the User of a duly filled Forme, without the signature of those present Terms and conditions being necessary, his consent being formalised by ticking the provided tick within each Form.

The present Terms and conditions are agreed indefinitely and can be reneged by BREEK in case of breach by a User or for conveniance without prior notice.

5 FREE OF CHARGE

The use of the web site accessible at the following adresse : http://www.suprgreen is free.

However, the User all of the communications and Internet access costs necessary to access the website and use the Services.

Services are free of charge except for the highlighting Service.

6 REGISTRATION CONDITIONS

Subscription to the Services is realised through various Forms, accessible 24/7 except in case of force majeure or event out ouf BREEK's control, and subject to any shortage or maintenance necessary to the good fuctionning of the website and the Services.

The User choses a login and password that will be requested at each connexion to the Services.

The User is committed to chosing a login and a password that doesn't violate in any way third party rights, and that are not racist, anti-Semitic, xenophobic, diffamatory or a breach of good morals.

After validating the Form, the User receves a confirmation e-mail for his subscription to the Service(s) of his choice, e-mail in which it is said that he can access the website and download the present Terms and conditions at any moment.

The User is asko to confirm his login and password. He can the, if willing to, change his password and his personal data given when subscribing on the Form.

It is strictly forbidden to subscribe several times to the Services using differen logins and creating various Accounts, as well as using the Services from an Account opened by an other User, or using fraudulently the login of another User.

Opening various account by a single USer, or the fraudulent use of the Account or the login of another user can bring to the deletion of all the Accounts of this User and, if need be, the banning of the User from the Services by creating a new accout.

The User is the sole responsible of keeping the confidentiality of his password.

He commits to take all necessay measures to ensure its perfect confidentiality, in particular so that no third party can usurp his identity and his Account to access and use his Personal section in condition that may result in a breach of third party rights, breach of privacy and every provisions of the law applicable on the Internet.

Taking into account the characteristics of the Services, risks related to the Content posted by the User, therefore the necessity to be able to identifiy their authors, BREEK informs the User that it will keep the data linked to the User as long as his account will be active.

The User that his personal data is necessairy to benefit from the Services

7 COMMON CONDITIONS FOR ACCES TO THE SERVICES

Right after validating the Form, a Personal section is granted to the User, suming up the accessible Service(s) and allowing to publish Content (Offers, Trainings, Profiles, informations etc.)

BREEK reserves the right, for maintenance reasons, to interrupt momentarily and without prior notice access to the Services, part of the Services, without the unavailability of the Services giving right to any kind of compensation.

The User is informed that the storage space allocated for the hosting of his Content is limited to 5 Mo, except future evolution.

Although, BREEK reserves the right, for technical reasons, to change the storage space allocated to the User, provided it warns the User through e-mail.

It is explicitely admitted between both parties that BREEK in no way ensures a safekeeping service of the User's Contents hosted on its servers, and can in no way be held responsible for the loss of those Contents.

8 SUBSCRIPTION CONDITIONS TO THE HIGHLIGHT SERVICE

Every User can highlight his Contents subrcribing to the Highlighting service.

The Service is charged and must be selected by the User during his first subscription to the Services, or afterwards through his Personal Section

The financial conditions are detailed within a dedicated Form

9 SUCBSCRIPTION CONDITIONS TO THE NEWSLETTER

Acesss the Newsletter subsciption form is available 24/7, except in case of force majeure or event out ouf BREEK's control, and subject to any shortage or maintenance necessary to the good fuctionning of the website and the Services.

The User receives an e-mail acknowledging the reception of his subscription

After validation of his e-mail adress, the User receives a confirmation e-mail for his subscription to the Newsletter in which it is reminded that :

  • He can access and/or download the present Terms and conditions of use of the site and the Services.
  • He can unsubscribe at any time clicking the "if you don't want to receive our e-mails, click here" link.

The User is informed that his personal data are necessary to receive the Newsletter.

10 GENERAL OBLIGATIONS APPLICABLE TO EVERY USER

Every User must provide a valid e-mail adress in order to benefit from the Services

Every User is committed, within the use of the Services, to not :

  • defame, abuse, harrass, stalk or threaten anyone, nor steal somebody else's rights,
  • defend crimes against humanity, vindicate racial hatred or pedophilia,
  • create a fake identity, or usurp a third party's
  • transmit viruses, trojan horses, logic bombs or any harmful or destructive program,
  • disturb the operations of the web site and the Services,
  • upload illicit content,
  • take part or the totality of the preexisting works withour authorisation of the right owners,
  • reproduce and/or use the brand, company name, logo or any trademark of a third party,
  • violate privacy and image reproduction rights of persons that could be identified within images, photos, messages or Comments,
  • in general to transmit elements that violate intellectual property rights or third party rights, in particular brand rights, individual rights and copyright.

11 PARTICULAR OBLIGATIONS APPLICABLE TO THE APPLICANTS

It is forbidden to every Applicant to post incomplete or erroneous information on his profile, or information that doesn't reflect the reality of his academic or professional background.

12 PARTICULAR OBLIGATIONS APPLICABLE TO THE EMPLOYERS

It is forbidden to every employer to publish Offers that requests the Applicant to provide information regarding his racial (i) or ethnic origins, his political opinions, (iii) his philosophical or religous opinions, (iv) his adherence to a union or political party, (v) his physical mental health, (vi) his sexual life, (vii) an offense or penal procedure or (vii) his age.

Every Employer must conform with labour standard clauses regarding recruitement and work related decision making procedures, in particular clauses regarding discrimination from the labour standard clauses.

In this regard, it commits to:

  • publish offers related to specific positions, as opposed to the description of generic, unavailable positions,
  • respect labour standard clauses regarding publishing conditions of a job offer,
  • wether it's based in France or abroad, to publish any offer regarding a position in France in French language, or to offer a french translation of any Offer published in a foreign language, it being understood that disrespecting this obligations is punished by the penal code.
  • delete the Offer as soon as the position has been filled or the recruitement abandoned.

13 CONDITIONS FOR SECTIONS VISITS

Each Section of the website can be visited freely, its access doesn't require the User to subscribe any Service.

14 CONTROL ON CONTENT OF THE OFFERS, PROFILES, COMMENTS AND TRAININGS

BREEK isn't implicated in the writing of the Contents published by the Users.

This choice results from a practical impossibility, due to the instantaneity and importance of the Contents published, to get control a priori over them.

Each User must be responsible and the ensure that elementary provisions of law are respected, in particular those detailed in the article "General obligations applicable to every user".

Each User is informed that :

  • The Contents could be deleted if they don't respect the provisions of law detailed in the article "General obligations applicable to every user".
  • BREEK reserves the right to modify part or the totaly of any Content that isn't in directly related to the purpose of the Services, as well as environmentalism and sustainable development.

The Users that could be shocked by some Content can contact directly the webmaster through the abuse@suprgreen adress.

15 BREEK'S OBLIGATIONS

Each User is reminded that as the host of the Content (Offers, Trainings, Comments, Profiles, Directories) and according to article 6 of the law for Confidence in the Digital Economy of june 21st, 2004, BREEK has the obligation to :

  • Own and keep that data that allows to identify any person that has contributed to the creation of a Content published through his website, so as to let legal authorities to access this information.

It is also reminded that BREEK is not subject to the general obligation to monitor the information it keeps, nor a general obligation to seek facts or circumstances revealing illicit activities.

16 PROOF, SAFEKEEPING AND FILING

Computerised registers kept in BREEK's computer systems in reasonable security conditions will be considered proof of the communications and Contents published, as well as various transmissions of information between the User and BREEK, allow the latest to ensure the treatments wished by the User.

Forms archiving is performed on BREEK's servers

In case of a conflict between BREEK's Computerised registers and any written document or digital file belonging to the User, Either party expressly acknowledges that BREEK's Computerised registers will prevail on the User's documents, and will be the only ones eligible as proof.

17 MODIFICATION OF THE SERVICES AND OF APPLICABLE TERMS AND CONDITIONS

BREEK reserves the right to modify at any time the present Terms and conditions, or the rules concerning the use of the Services.

Any new version of the present Terms and conditions will be published on line on the website and provided to the Users by e-mail.

The fact to keep on using one of the Services or to visit the website after any modification of the present Terms and conditions leads to the acceptance by the user of the modifications on the Terms and conditions.

BREEK also reserves the right to make his Services evolve. Technical modifications may occur without prior notice frome BREEK.

Also, BREEK reserves the right to stop indefinitely one or several services provided to the Users, without prior notice or quid pro quo of any kind.

18 STOPPAGE OF SERVICES

In the event of non-compliance by the User with the obligations mentionned in the present terms dans conditions, BREEK reserves the right to suspend by full right and without prior notice acces to the services. This suspension won't open right to compensation.

19 GUARANTEES ON CONTENTS

Informations that make the Contents are provided by the Users under their responsibitiy and control.

Each User acknowledges that BREEK can't control the accuracy, the completeness, the reality or the topicality of the information provided in the Contents.

The User acknowledges the informations set at his disposal within the Contents are therefore possibliy not complete, not topical, and the responsibilty to check those informations lie with him before enforcing them, in particular before contracting a job.

Also, concerning Offers and Trainings, the User acknowledges that BREEL does not step in in the achievement of possible contracts, nor in the payment of the fare.

BREEK does not guarantee the achievement of job contracts or training contracts and does not step in the choice or the description of those Offers or Trainings. Therefore BREEK can not be held responsibe on that account.

Concerning the pictures provided by the User, the latest authorizes BREEK to, directly or indirectly reproduce, represent or publish them on the website.

Also, the User authorizes BREEK to modifiy and to adapt the pictures under thes conditions, in particular for digitalization, data compression, cuts or reframings.

The User being solely accountable for the content of the Offers and the Trainings, and BREE assuming no responsiblity, in particular editorial responsibility, the User guarantees BREEK against any action that would be brought against it, in particular concernong Offers and Trainings.

The User is committed to make a personal case of any complaints or procedures, whatever their form or natures, brought on BREEK and that would link directly or indirectly to the content of the Offers and the Trainings.

To that effect, the User commits to pay directly to the author of the complaint any amount he would demand from BREEK, and to intervene voluntarily if necessary.

20 PROPERTY OF BREEK

BREEK remains owner :

  • of each of the Services,
  • of the database and in particular its structure, designed and managed by BREEK for website and Services management,
  • of any information, know-how elements, specifications documents and generally any design elements of the Services and their components,
  • of intellectual and industrial copyrights of all design elements of the website and the Services, wheter graphical or technical,
  • of brands, patents, names, acronyms, logos, colors, graphical elements, or any other signs that could be used, achieved or initiated par BREEK in the context of the website and the Services.

The User is consequently forbidden from reproducing in any form, directly or indirectly, the elements as per the previous section, or to alter the brands, patents, names, acronyms, logos, colors, graphical elements, or any other signs provided by BREEK, and generally to use or operate those elements in any other way that within the frame of the present document.

The user is forbiddent from register for himself or a third party any patent created and/or designed within the frame of the present document, and incorporating in particular one or several elements of the website and the Services of BREEK.

21 PROPERTY OF THE CONTRIBUTIONS

Each User remains the sole owner of the Contents, data, informations and files transmitted to BREEK in order to access and use the Services. He acknowledges he is in possession of the related rights, in particular to texts, images and sounds, as well as all the rights necessary to perform the transfer or rights described thereafter.

22 RESPONSIBILITY

It is expressly acknowledged that BREEK is committed to its best endeavour so as to the execution of the present Terms and conditions.

The User acknowledges that he uses the website and the Services at his own risk and it belongs to him to check whatever necessary, in particular before publishing Offers and Trainings, under his exclusive responsilibity.

BREEK cannot be held responsible for the Contents and the informations published by the Users.

BREEK cannot be held responsible for whatever problem related to the diffusion of the Contents or, in general, for any disruption on the Internet network, affectif the use of the website and the Services.

The User expressly acknowledges that BREEK has, thanks to the information shared with the User in the present Terms and Conditions of the website, fulfilled all of its obligations of advice and information concerning the characteristics of the Services and functionnalities set at disposal.

BREEK in no way assumes the responsibility of indirect damages, and will not be obliged to repair indirect damages such as financial of commercial damages, loss of clients or parts, any commercial trouble, increase in costs and other business expenses, loss of profits, loss of brand image, loss of opportunities or data, in particular any information that could result in difficulties related to transmission, reception and diffusion of the Users' Contents.

Is considered indirect damage, and therefore gives no right to compensation, any action adressed against the User by a third party. The User provides under his sole responsibility the personal data allowing acess and the use of the Services.

23 INFORMATION ON COOKIES

The Users' Internet browser must accept cookies and Javascript technology.

Blocking cookies by configuring the Internet browser or the firewall impedes normal functionning of the website.

Cookies are small files that websites place on the hard drive of the computeur when the User connects.

These files are safe and contain no personal data about subscribers. Most cookies used by BREEK are session cookies, active only during connexion length.

Permanent cookies are saved on the computer's hard drive with the only purpose to recognize the User when he connects, in particular to let him exert acquired rights and access his benefits.

Cookies are sometimes used for ad banners display, in order to have statistics on the number of visits and most populair sections and functionnalities, in order to improve the website adapting it to the wishes of the Users.

24 TRANSFER

The present Terms and conditions can't be transferred, partially or totally, against payment or for free, by the User. BREEK may yield to any corporate body of its choice, part of the totality of the rights and obligations defined in the present Terms and conditions, and should then inform the User.

25 CONSEQUENCES OF THE CEASING OF RELATIONSHIPS

In case of suspension of the contractual relationshings, for any reason, including the User giving up the benefits of the Services, the following provisions of the present Terms and conditions keep applying, and keep their full effect:

  • article "Property of BREEK",
  • article "Guarantees on contents",
  • article "Responsibility",
  • article "Proof, safekeeping and filing".

26 CONFIDENTIALITY

Each party commits to not disclose to third parties evey information that will have been revealed by the other party, as well as those that will have been revealed through the execution of the present Terms and conditions

27 GENERAL TERMS AND CONDITIONS

No party can commit in the name and/or the account of the other. Also, each party remains sole responsible for its acts, allegations, commitments, services and personel. In case of difficulties in the interpretation, the titles will be declared nonexistent. If one or more specifications of the present contract are held non-valid or declared, as in application of a law, a regulation or following a definitive decision from a versed jurisdiction, other specification will keep their strength and range. The present contract is governed by French law.