GENERAL TERMS & CONDITIONS OF USE
The platform Silicon Luxembourg and related job portal (hereinafter the "Platform”) allowing a professional (hereafter collectively "Business users" or individually "Business user"), after its registration, to propose to Platform users (hereinafter collectively "Users" or individually "User") job offers (hereinafter the "Services") made available by Silicon Luxembourg (hereafter the "Provider" or the " Service Provider").
For the prupose of these General Terms and Conditions of Use, the Business User/Business Users and the User/Users are collectively referred individually as the "Beneficiary".
These General Terms and Conditions of Use (hereinafter the "GTU") apply to all sales of Services ordered by the Business users made available through the Platform to the Users.
In order to use the Platform and its services, the Beneficiary agrees to abide by these GTU without restriction or reservation. This acceptance takes the form of a voluntary tick when the Beneficiary registers and accesses the Platform.
The purpose of these GTU is to define the conditions under which the Platform places at the disposal of the Beneficiary, the technological tools used to enable the Beneficiary to access the Service.
Article 1. General provisions
1.1. The Service Provider reserves the right to modify these Terms and Conditions at any time by publishing a new version on the website https://www.siliconluxembourg.lu/ (hereinafter referred to as the "Site"). These GTU then applicable are those in force on the date of acceptance by ticking these GTU during the use of the Platform and the execution of the Services (i.e. the date of registration of the Beneficiary on the Platform).
1.2 These GTU are available for consultation on the Site. The Service Provider also ensures that their acceptance is clear and without reservation on the part of the Beneficiary.
1.3. The Beneficiary acknowledges having read all of these GTU prior to ticking them and having accepted them without restriction or reservation.
1.4. The Beneficiary acknowledges that it has received the necessary advice and information in order to ensure that the offer meets its needs when using the Service and be more than 18 years old.
1.5. The Beneficiary declares that it is legally able to enter into a contract under the laws of the Grand Duchy of Luxembourg.
1.6. In the absence of proof to the contrary, the information recorded by the Service Provider constitutes proof of all transactions.
Article 2. Object
The purpose of these GTU is to define the conditions under which the Service Provider makes available to the Beneficiary, at its request, technological tools used through the Platform.
Article 3. Price and payment
3.1. The opening of an account and the use of the Platform are free of charge for the Beneficiary (excluding possible connection costs, the price of which depends on your electronic communication operator), with no obligation to order on the Platform.
3.2 In the context of Service sold through the Platform, the Business User undertakes to pay a fee corresponding to the fee rates negotiated on the tax included amounts agreed with the Service Provider. This fee is paid immediately to the Service Provider including taxes, according to the choice of payment system selected when ordering the Service(s) (hereinafter the "Fee").
3.3 The payment of the Fee by the Business user and set by the Service Provider does not cover the costs incurred by the Business user with the other service providers involved in the services ancillary to the Services (Stripe costs, PayPal costs, bank fees etc.).
Article 4. Conclusion of the sales contract between the Business user and the Service Provider
4.1. The Platform and the associated services constitute a set of tools enabling the Beneficiary to receive one or more Service from the Service Provider.
4.2 It also includes a rating system enabling the Beneficiary to assess the quality of its relations with Service Provider.
4.3. Transactions carried out via the Platform for the purpose of purchasing Services are concluded directly between the Beneficiary and the Service Provider. The Provider is not in any case a reseller of the services offered by the Service Provider to the Beneficiary via the Platform. Thus, Services purchased via the Platform cannot be taken back or exchanged by the Provider.
4.4 In the event of non-compliance with these GTU, the Provider reserves the right to temporarily or permanently interrupt access to the Platform for the Beneficiary concerned.
4.5. Access to the Platform by the Users is reserved for strictly personal use. When using the Platform, the Users declares that it is acting in a private capacity.
4.6. In addition to acceptance of these GTU, access to the Platform and its services is subject to the opening of an account on the Platform. To do so, the Beneficiary must provide the data enabling its/his/her identification. When opening this account, the Beneficiary undertakes to provide only accurate information, then to inform the Platform without delay of any changes affecting them, using the support tool made available to its/him/her when using the Platform.
4.7. To use the Platform, the Beneficiary uses the telephone number used when opening its, his or her account (or the telephone number updated via the "number switch" feature). The Beneficiary shall be solely responsible for access to the Platform using its identifiers (telephone number and email address for retrieval), unless there is evidence of fraudulent use that is not attributable to its/him/her.
4.8. In the event of loss, misappropriation or fraudulent use of its identifiers, the Beneficiary undertakes to immediately notify the Service Provider's customer service.
4.9. The Beneficiary may send all requests only by email to firstname.lastname@example.org.
Article 5. Intellectual property
5.1. All texts, comments, works, illustrations, works and images reproduced or represented on the Platform are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such and in accordance with the provisions of the law of 18 April 2001 on copyright, neighbouring rights and databases, as amended, only use for private use, subject to different or even more restrictive provisions provided for by law, is authorised. Any total or partial reproduction or representation of the Platform or of all or part of the elements on the Platform is strictly forbidden.
5.2. Company names, trademarks and distinctive signs reproduced on the Platform are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorisation from the trademark owner.
Article 6. Liability
6.1. The Service Provider is bound by an obligation of means, both in terms of the performance and the provision of Services in the context of making them available through the Platform at the request of the Beneficiary. It may therefore not be held liable for the non-performance of the provision of services previously agreed with the Business user as a result of wrongful behaviour of the Business user or its staff, a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communication.
6.2. The Service Provider declines all responsibility with regard to the conditions of the use of Services by the Beneficiary through its Platform.
Article 8. Partial invalidity
If one or more stipulations of these GTU are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other articles will retain their full force and scope.
Article 9. Applicable law
9.1. These GTU concluded between the Service Provider and the Beneficiary are subject to the Luxembourg law.
9.2. Any dispute that may arise between the Service Provider and the Beneficiary shall be settled by the courts of Luxembourg, notwithstanding plurality of defendants or third parties, including in summary proceedings or on application.
Article 10. Personal data protection policy
10.1. The Service Provider may collect personal data concerning the Beneficiary, which are as follows:
- Surname and first name of the Beneficiary or its staff member ;
- The telephone numbers of the Beneficiary or its staff member ; and
- The e-mail addresses of the Beneficiary or its staff member.
10.2. The personal information collected by the Service Provider via these GTU is stored in its customer database and is mainly used for the proper management of the relationship with the Beneficiary and the performance of the services provided under these GTU.
10.3. The information collected is kept for a period not exceeding two (2) years, unless :
- A longer storage period is authorized or imposed by a legal or regulatory provisions;
- The Beneficiary has exercised, under the conditions set out below, one of the rights granted to him by the legislation currently in force in Luxembourg.
10.4 By adhering to these general terms and conditions of sale, the Beneficiary (or its staff member) consents to the collection and use of his/her data for the purpose of the use of the Platform.
10.5. Access to personal data is strictly limited to the Service Provider's employees and agents, who are authorised to process them by virtue of their duties. The information collected may possibly be communicated to third parties contractually linked to the Service Provider for the performance of outsourced tasks necessary for the performance of the Services without the express authorisation of the Beneficiary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the Beneficiary, unless they are obliged to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercise of the rights of defence, etc.).
10.6. Personal data of the Beneficiary (or its staff member) collected by the Service Provider in accordance with the General Data Protection Regulations of 27 April 2016 applicable as of 25 May 2018 (hereinafter "GDPR") relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
10.7. The Service Provider is the person responsible for processing the personal data collected.
10.8. The Beneficiary (or its staff member) has, in accordance with the GDPR, the right to access, modify, rectify, delete, oppose and limit the personal data concerning him/her. These rights may be exercised either by mail to the address set out above, or by e-mail to the following address: email@example.com.