Legal Notice

Company name: CAPTRAIN FRANCE SAS
Share capital: 21 319 200 euros
SIREN admin code and place of registration: 408 169 043 00127 RCS Paris
Head Office: 6 rue d'Amsterdam 75009 Paris
Telephone: +33 (0)1 55 07 81 00
Site editor: Stéphane Derlincourt, CEO of CAPTRAIN FRANCE
Name & address of website host:
AMAZON WEB SERVICES EMEA SARL
38 AVENUE JOHN F. KENNEDY, L-1855 LUXEMBOURG
R.C.S. LUXEMBOURG: B186284

AMAZON WEB SERVICES EMEA SARL, SUCCURSALE FRANÇAISE
31 PLACE DES COROLLES, TOUR CARPE DIEM, 92400 COURBEVOIE, France

TERMS & CONDITIONS OF USE

1. PREAMBLE

The purpose of the present Terms & Conditions of Use (hereinafter referred to as the "TCU") is to determine the conditions of access and rules of use under which the CAPTRAIN France website (hereinafter referred to as "the Site") provides access to online content such as news, services, job offers, etc... via the following link: [https://www.Captrain.fr/].
Access to the Site is subject to compliance with the present TCU. Access to the Site is strictly reserved to Users as defined in the present TCU.
CAPTRAIN France reserves the right to unilaterally modify or update at any time the present TCU in line with any changes or additions made, in particular in order to comply with any legal, jurisprudential, editorial and/or technical evolutions as well as any possible modifications to the terms & conditions of use of the Host's services.
Users must regularly consult the latest version of the TCU that is permanently available on the Site.
By logging in and/or using the Site, Users acknowledge that that they have fully and unreservedly read, understood and accepted these TCUs.
These TCU are furthermore supplemented by our "Privacy Policy", setting out how our Site collects, handles and processes Users' data, a document that Users acknowledge being aware of and that they agree to familiarize themselves with.

2. PURPOSE OF THE SITE

The purpose of the Site is to provide Users with a presentation of all activities, products, services and offers made available by CAPTRAIN France.
Any use of this Site must be performed in compliance with the present TCU.

3. ACCESS

Access to the Site is possible from a computer, a tablet or a smartphone connected to a telecommunication network according to the communication protocols used on the Internet network.
CAPTRAIN France grants Users the right to consult, use and access the Information made available on the Site.
Access to the Site is free-of-charge and is not subject to payment of a subscription.
All software and hardware required for the use or operation of the Site, Internet access or communication costs are the exclusive responsibility of the User when outside their place of work.
Each User is entirely responsible for their connection data.
In the absence of proof to the contrary, any connection to the Site, or transmission of data based on the User's connection information, shall be deemed to have been made by the User.
Users' access to the Site is for an unlimited period, without prejudice to Users' or CAPTRAIN France's right to unilaterally cease access, at any time, without notice or reason or compensation.
Users hereby acknowledge that, in the event of violation of the legal provisions and/or these TCU, CAPTRAIN France reserves the right to block and/or terminate access to the Site, without prior notice, with immediate effect.

4. USE OF THE SITE

The Site is reserved for personal use only, unless otherwise stipulated by CAPTRAIN France.
In particular, Users hereby agree to refrain from the following activities, this list being considered as non-exhaustive:

• to use the Site for commercial purposes and, in general, to offer products and services remunerating the User directly or indirectly;
• to "resell" or make the content of the Site available to a third party and/or other Users, in return for payment and/or free-of-charge;
• to use the Site in order to send, in any form whatsoever, unsolicited advertising or promotional material;
• to direct Internet users indirectly or directly, in particular by means of hypertext links, to other Internet sites that may not comply with the applicable legislation or the provisions of these TCU

In order for the Site to function properly, certain technical constraints must be observed by Users, such constraints being subject to modification. Users are therefore required to comply with the following technical indications in order to be able to access the Site and use the services offered in the best possible way. Users must also refrain from performing any actions likely to hinder or disrupt the proper functioning or technical accessibility of the Site. Users must also agree to access the Site using virus-free hardware.

CAPTRAIN France does not guarantee that its servers hosting the Site are free from viruses and other dangerous components. It is therefore up to the User to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating on the Internet network.

Users hereby acknowledge that CAPTRAIN France cannot, under any circumstances, be held liable for incidental, material and / or immaterial, direct and / or indirect damage which may result from access or use of the Site, including inaccessibility, loss of data, deterioration, destruction or virus that could affect the User's computer equipment, nor for the presence of viruses on its Site.
In addition, any material downloaded and / or obtained in any way when using the Site is done so at Users' own risk and peril. CAPTRAIN France shall under no circumstances whatsoever be held liable for damage and / or loss of data caused to Users' hardware.

Information published by CAPTRAIN France and contained on the Site is non-contractual and provided for informational purposes only, free-of-charge, and without any obligation on the part of CAPTRAIN France, which may modify such information at any moment without notice.

CAPTRAIN France strives to provide information on the Site that is as accurate as possible. However, CAPTRAIN France cannot be held liable for any omissions, inaccuracies or deficiencies, whether these are of its own doing or may be attributed to third party partners who provide such information. In all cases, Users are advised to check any information published on the Site with official sources.

Interactive areas are available to Users. However, CAPTRAIN France reserves the right to remove, without prior notice, any content posted in such areas that would violate the law applicable in France, in particular the provisions relating to data protection. Where applicable, CAPTRAIN France also reserves the right to challenge a User's civil and / or criminal liability, in particular in the event of their posting of a racist, abusive, defamatory or pornographic message, whatever the medium used (e.g. text, photograph, ...).

5. SITE AVAILABILITY

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of CAPTRAIN France.
CAPTRAIN France reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Site.
CAPTRAIN France is under no obligation of result regarding the availability of the Site.
CAPTRAIN France is in no way responsible for interruptions and the consequences that may result for the User, particularly when the interruptions come from those of the Host for maintenance or other purposes.
Users are hereby informed that CAPTRAIN France may terminate or modify the characteristics of the Site, at any time, without notice and without Users having any recourse against CAPTRAIN France.

6. INTELLECTUAL PROPERTY

Users shall refrain from infringing the intellectual property rights (copyright, neighbouring rights, sui generis right of the database producer, trademark rights, domain names...) of CAPTRAIN France.
CAPTRAIN France is the holder of all intellectual property rights on both the structure and the content of the Site (texts, logos, images, sound elements, software, icons, layout, database...) or has legally acquired the rights allowing the exploitation of the structure and content of the Site, without any limitation.
CAPTRAIN France grants Users the right to use the Site for their own private needs and for no profit-making purposes whatsoever. If required for professional use, Users must first obtain the express, prior and written authorization of CAPTRAIN France.
Thus, Users may not copy, reproduce, represent, modify and/or exploit, transfer in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Site, except with the express, prior and written authorisation of CAPTRAIN France.
The downloading by Users of certain elements, in particular texts, photographs or music, may be authorized by CAPTRAIN France. This functionality is at the sole discretion of CAPTRAIN France, which reserves the right to modify or delete it at any time. Users therefore undertake not to take any legal action against CAPTRAIN France in this respect. Furthermore, in the event that a User is deemed to have illegally downloaded content, CAPTRAIN France and / or any third party concerned reserves the right to impose any appropriate sanctions, in particular in the event of violation of intellectual property rights.
The trademarks and logos reproduced on the Site are registered with the competent Offices by the companies that own them. Any reproduction of the names or logos, by any means whatsoever, without the prior authorisation of the holder concerned is prohibited.
Failure to comply with these prohibitions may in particular constitute an act of counterfeiting and/or unfair and parasitic competition engaging the User's civil and/or criminal liability.

7. HYPERTEXT LINKS

With the exception of websites publishing illegal and/or political, religious, pornographic information and/or content, Users may create a hyperlink on a website linking to the CAPTRAIN France website.
When using hyperlinked websites, Users should consult the terms & conditions of use of the relevant website. However, by virtue of this authorisation, CAPTRAIN France reserves a right of opposition and declines any liability for any information contained on these websites that may be linked to its own Site by a hyperlink or any other means.
On the other hand, hyperlinks contained on the Site may link to other websites by any means.
Given that it has no control over these outside websites and sources, CAPTRAIN France cannot be held liable for their availability, nor can it assume liability for the contents, advertisements, products, services or any other material available by or through such outside websites and sources.
Furthermore, CAPTRAIN France may not be held liable for any actual or alleged damage occurring as a result of or in connection with the use of or reliance on the contents, goods or services available on these outside websites or sources.
Finally, to the extent permitted by law, CAPTRAIN France may not be held liable in cases where the content of such websites is contrary to the legal and regulatory provisions in force.

8. GUARANTEES AND LIABILITY

Users shall undertake, when using the Site, not to contravene any legislative and regulatory provisions in force, nor rules of good Internet use and "netiquette", nor the contents of these TCU.

As a general rule, CAPTRAIN France accepts no responsibility or liability for the consequences of any use of the Site that is non-compliant with the TCU or its services.
Users are informed that any violation of the provisions of the TCU may lead to legal proceedings and sanctions being taken against them.
Under the same conditions, Users also undertake to comply with the internal rules and practices relating to the use of CAPTRAIN France's information systems and networks.
Users undertake to act diligently to respond to any claim.
Users shall be liable to CAPTRAIN France and/or third parties for any material and/or immaterial, direct and/or indirect damage of any nature whatsoever caused by them, and/or their employees in the event of use that does not comply with these TCU.
Users agree to indemnify CAPTRAIN France, as well as its parent, sister or affiliated companies, its representatives, employees, partners and the Host, against any request, claim, demand and/or recourse of any kind, resulting from any violation of the said provisions.
Users shall indemnify the aforementioned parties, at any time and upon first request, against any damage and/or against any request, action or complaint from third parties resulting from any violation of the said provisions.
This guarantee also covers any damages and interest that may be paid, whatever their direct or indirect origin, and any legal fees, expert's fees or court costs.
CAPTRAIN France undertakes to make its best efforts to implement technical and organizational measures to protect the Information circulating on the Site.
Users nevertheless declare that they are fully aware that the data is not protected against any form of intrusion, including by means of hacking.
Users acknowledge that it is impossible to guarantee total security for the data transmitted. Consequently, CAPTRAIN France cannot be held responsible for any incidents that may arise from this transmission.
It is the responsibility of Users to implement all useful means in order to preserve the confidentiality of the data transmitted.
In particularly, Users of the Site expressly undertake to refrain from performing any of the following actions:

• using software or processes to copy Information on the Site without the express and prior written authorisation of CAPTRAIN France;
• using software or devices that could potentially disrupt the proper functioning of the Site, or taking action that could potentially impose a disproportionate burden on the IT infrastructures operated by CAPTRAIN France;
• altering, modifying or even creating derivative works from the Information on the Site without the express and prior written consent of CAPTRAIN France;
• using short quotations, analyses and reproductions intended for press reviews or other uses expressly authorised by the law within set limits and conditions without indicating the names of the authors and the source
• extracting or re-using, including for private purposes, any part of the Site or any content of the databases and archives constituted by the Site, without the prior written consent of CAPTRAIN France,
• collecting information on third parties, including electronic addresses, in order to use them to send commercial or equivalent solicitations, or to integrate them within a referencing service or equivalent, free or paying, or to perform competitive intelligence analysis
• implementing systems that may provide means for hacking all or part of the Site or that may lead to violation of the present TCU,

Users further undertake to inform CAPTRAIN France immediately should they become aware of any infringement whatsoever of these TCU (notably with regard to CAPTRAIN France's intellectual property rights) and in particular of any illicit or non-contractual use of the Information on the Site and this, whatever the method of distribution used.
Users who post a Contribution to the Site hereby assume personal responsibility for the contents of their contribution, with regard to any third party or CAPTRAIN France, in the event that such contributions may be in breach of law or applicable regulations, thereby protecting CAPTRAIN France against any disputes, claims, lawsuits or risk of eviction whatsoever.

9. APPLICABLE LAW - SETTLEMENT OF DISPUTES

These Terms & Conditions of Use are governed by French law.
In the event of any dispute pertaining to the interpretation, validity or execution of these TCU, the User and CAPTRAIN France agree to make every effort to reach an amicable agreement.
In the event that an amicable agreement cannot be reached, any possible dispute relating to the interpretation or execution of these TCU will be referred to the Court of Paris for jurisdiction.