BeThe1
 Terms of Use
 

 General Terms of Sale for EMPLOYERS
 General Terms of Sale for INDIVIDUAL USERS
 Legal provisions

 

  General Terms of Sale for EMPLOYERS
 
 

The Internet site www.BeThe1.com (hereinafter referred to as "the Site") is owned and operated by BeThe1 S.A., a French corporation with share capital of 100,804 euros, registered in the Paris Trade Register under number B 432 802 718, whose registered office is at 3, cité Paradis, 75010 Paris, France.
The Site, whose address is http://www.BeThe1.com, is registered with the Commission Nationale de l'Informatique et des Liberté (CNIL), a French state organization designed to protect user's information.

1. Services

BeThe1 allows an employer (hereinafter referred to as "the Employer") to order, for the purpose of its business and for a fee, various recruitment services in the fashion, beauty and selective distribution industries (hereinafter referred to as "the Orders") pursuant to the terms and conditions here in.

Recruitment services: The Employer may use the Site to:

  • directly post or have posted on the Site one or more offers for employment with the Employer, while indicating the type of job offered and the profile or profiles of the applicants sought,
  • automatically sort through (a service hereinafter referred to as "Hunting") the résumés submitted, which constitute BeThe1's database, to find the profiles that match the criteria of said job offers and select from these profiles,
  • Benefit from additional services provided by BeThe1, such as verification of the selected candidate's degrees and his or her references, telephone interview evaluation.

2. Formation of the contract

By placing an Order the Employer represents that it has complete knowledge of these general terms of sale and unconditionally accepts them. These general terms of sale shall supersede any terms of purchase of the Employer
The contract shall be formed either when the Employer signs the paper Order contract or confirms the Order online on the Site.
This shall signify notification to BeThe1 that the Employer accepts the contract and undertakes to pay the Order.

3. Orders

When the Orders, and any options the Employer may select (e.g. banners, profiles, buttons, etc.) are sent in and posted by the Employer on the Site by e-mail, they must be presented in the form of computer files that are compatible with the Site's computer and technical characteristics and formats. BeThe1 shall not be bound by or responsible for any computer or technical incompatibility.
BeThe1 reserves the right, at any time and without having to pay compensation of any type, to refuse Orders or to remove them from the Site if the Employer fails to perform or ceases to comply with any of its obligations or violates public policy rules and in particular those regarding computer-related offenses, laws protecting individual rights and privacy and the computer processing of personal information.
In such a case, the Employer must still pay the full cost of all Orders already fulfilled or in the process of being performed by BeThe1.
The time and date for the first posting of the Order on the Site and the technical specifications (i.e. job offer information and descriptions) shall be those specified in the price schedules and order placement forms in effect on the Site.
BeThe1, in its capacity as a service provider, undertakes to leave the Order available on the Site for public viewing or querying for a maximum period of sixty (60) days as of the date the Order is first posted on the Site after the execution of the paper contract or online confirmation, provided the Employer has not specified a shorter time in writing.
The Employer may cancel its Order at any time, it being understood that all Orders placed on the Site shall be paid for subject to the price terms below.

4. Employer's obligations

The Employer undertakes to use and process personal and other information related to résumé retrieved from the database of which it may gain knowledge on the Site or related to résumé it may directly receive in response to the posting of its Order on the Site, solely for the purpose of recruitment for the job offers it presents in its Order. The Employer accordingly undertakes not to transfer or otherwise disclose, for valuable consideration or otherwise, any or all of the information concerning third parties of which it may gain knowledge on the Site to anyone not directly involved in the Employer's recruitment.
The Employer undertakes to ensure that the content of its Orders does not violate any right, rule or law in effect and does not contain any accusation, allegation or insinuation that is untrue, comparative, discriminatory, slanderous or otherwise prejudicial to a third party.
The Employer shall take every precaution to make sure to comply with the various laws regarding employer obligations, the use of computer files and individual rights and privacy.
The Employer undertakes to inform the Site, as soon as possible and in writing, when a job offered in an Order has been filled so that the Site may remove this job offer. Unless otherwise agreed in writing by www.BeThe1.com, the Employer undertakes that the Orders published on the Site shall contain no links to other Sites, including the Employer's.

5. Data protection, use and security

Due to the constantly evolving nature of the Internet's technological capabilities and limitations, BeThe1 hereby calls the following considerations to the Employer's attention:

  • BeThe1 performs no systematic and exhaustive verification of the nature or characteristics of the data that may be carried by the Site's central server.
  • the current nature and characteristics of the Internet (particularly the lack of systematic and absolutely reliable protection against unauthorized access to information) and technical or technological problems do not make it possible to guarantee the secure viewing, querying or transfer of data or the secrecy of correspondence.
  • the Employer alone shall be responsible for ensuring that the data it views or queries on the Site, retrieves therefrom or transfers via the Internet is used in compliance with the intended purpose of its Order.
  • the Employer shall take all steps necessary to protect its own data, software and computers from contamination by viruses that may circulate over the Internet. BeThe1 shall not be liable for any damage or loss the Employer may suffer due to computer viruses.
  • The Employer shall be entirely responsible for its equipment connected to the Site.
  • Pursuant to the rights stipulated in Act No. 78-17 of January 6, 1978, BeThe1 informs the Employer and third parties that it stores all of the information sent to the Site on a computer medium for one (1) year as of the date the information is first published on the Site. The Employer acknowledges that it is fully aware of the above considerations.

6. Liability

BeThe1 shall not be held liable for the following:

  • the unavailability of the network or problems connecting to the network or in sending data viewed on the Site.
  • the information posted on the Site by the Employer, the processing of résumé by the Employer or any use of the Site that does not comply with these general terms of sale or with any codes or passwords that BeThe1 may provide the Employer.

The Employer and the person who represents it when the Order is placed shall alone be liable for the use of their e-mail system when connected to the Site and for the information contained in this system and their use of this information. The Employer shall bear sole liability for this.
BeThe1 shall be subject to any obligation of due diligence with respect to its services but under no circumstance to an absolute obligation of performance or result.
If BeThe1 is judged liable for an Order that is incorrectly executed or posted as the result of its sole and direct fault, BeThe1 shall provide no compensation for any business or consequential loss suffered by the Employer and shall only be liable for reimbursing the amount the Employer paid to place said defective Order.

7. Prices

The prices of the services and options selected by the employer shall be those in effect at the time the Order is sent.
BeThe1 reserves the right to modify its public prices at any time.
The price of BeThe1's services shall under no circumstance include the cost of the Employer's subscription and/or connection to the telephone system and/or to an Internet access provider. These costs shall be borne exclusively by the Employer.
The technical expenses mentioned in the public price schedules may, depending on the case, be borne by the Employer.
If based in France, the Employer shall pay VAT at the rate in effect. If based in Japan, the Employer shall pay the sales tax at the rate in effect.

8. Payment terms

BeThe1 shall invoice the Employer for the full cost of its services when the Order is received. The invoice shall be paid upon receipt by bank check, draft or bank transfer, with all related expenses paid by the Employer.
Failure to pay an invoice when due shall automatically suspend the performance of the contract and shall entitle BeThe1 to remove any Order from the Site.
All amounts that the Employer owes BeThe1 that are not paid by the due date shall be subject to penalty interest at a rate of one and a half times the French legal interest rate with a maximum of 19.8%. Any legal and/or collection fees or other expenses incurred by BeThe1 to collect the amounts owed to it by the Employer shall be paid by the Employer.
All payments made online by credit card to the Site result in a systematic debit request. If such a request is refused, for whatever reason, the corresponding Order shall be rejected. BeThe1 shall reimburse no online payment to the Employer.
If payment is made online by credit card, BeThe1 shall issue the Employer an electronic receipt and send the corresponding invoice by e-mail.

9. Jurisdiction

The Tribunal de Commerce de Paris (Paris commercial court), France, shall have sole jurisdiction to judge any disputes in relation hereto. French law shall be applied.

 



  General Terms of Sale for INDIVIDUAL USERS
 
 

The Internet site www.BeThe1.com (hereinafter referred to as "the Site") is owned and operated by BeThe1 S.A. a French corporation with share capital of 100,804 euros, registered in the Paris Trade Register under number B 432 802 718, whose registered office is at 3, cité Paradis, 75010 Paris, France.
The Site, whose address is http://www.BeThe1.com, is registered with the Commission Nationale de l'Informatique et des Liberté (CNIL), a French state organization designed to protect user's information.

1. Services

BeThe1 allows any individual (hereinafter referred to as "the Applicant") to use, either for a fee (hereinafter referred to as "the Orders") or free of charge, various training and recruitment services listed below in the fashion, beauty and selective distribution industries pursuant to the terms and conditions here in.

Free services: The Applicant may directly, voluntarily and at no charge post his/her résumé on the Site and specify with BeThe1's agreement, the degree of confidentiality to be assured. Access to the database of personal information thus formed by the résumés submitted shall be subject to various computer, electronic and financial restrictions. The Applicant may also view the job offers posted on the Site free of charge and, provided that the Applicant posts his/her résumé on the Site, respond to these offers free of charge.
The Site automatically and free of charge provides the Applicant with a personal page named MyBeThe1 that lists all of the services the Site provides the Applicant free of charge or for a fee.

2. Formation of the contract

By placing an Order, the Applicant represents that he/she has complete knowledge of these general terms of sale and unconditionally accepts them.
The contract shall be formed when the Applicant confirms the Order online on the Site. This shall signify notification to BeThe1 that the Applicant accepts the contract and undertakes to pay the Order.
BeThe1 shall acknowledge that the Order was placed by sending an e-mail to the Applicant's address. Pursuant to the French Consumer Code, the Applicant shall have seven clear days to cancel an order for fee-based services by returning the cancellation form here appended to BeThe1, provided that the performance of the service has not begun before this period expires.

3. Orders

BeThe1, in its capacity as a of service provider, undertakes to leave the Order on the Site available for viewing and querying by employers, for a maximum period of 360 clear days as of the date the Order is posted by e-mail, unless the Applicant specifies a shorter period in writing.
However, if the Applicant fails to perform or ceases to comply with any of his/her obligations or violates any law and regulation in effect, BeThe1 reserves the right, at any time and without having to pay compensation of any type, to refuse Orders or to remove them from the Site.
In the case of such refusal or removal, the Applicant shall still pay the full cost of all fee-based Orders already fulfilled or in the process of being performed by BeThe1.
The time and date for the first posting of the Order on the Site and the technical specifications shall be those specified in the price schedules and order placement forms in effect on the Site.
The Applicant shall be free to modify or cancel his/her Order, it being understood that an Order for fee-based services placed on the Site shall be paid for in accordance with the price terms specified below, without prejudice to article L.121-20 of the French Consumer Code.

4. Applicant's obligations

The Applicant undertakes to ensure that the content of his/her Orders does not violate any right, rule or law in effect and does not contain any accusation, allegation or insinuation that is untrue, comparative, discriminatory, slanderous or otherwise prejudicial to a third party.
Unless otherwise agreed in writing by www.BeThe1.com, the Applicant undertakes that the Orders published on the Site shall contain no links to other Sites, including his or hers.

5. Data protection, use and security

Due to the constantly evolving nature of the Internet's technological capabilities and limitations, BeThe1 hereby calls the following considerations to the Applicant's attention:

  • BeThe1 performs no systematic and exhaustive verification of the nature or characteristics of the data that may be carried by the Site's central server.
  • the Internet's current nature and characteristics (particularly the lack of systematic and absolutely reliable protection against unauthorized access to information) and technical or technological problems do not make it possible to guarantee the secure viewing, querying or transfer of data or the secrecy of correspondence.
  • the Applicant alone shall be responsible for ensuring that the data he/she views or queries on the Site, retrieves from the Site or transfers via the Internet is used in compliance with the intended purpose of his/her Order.
  • The Applicant shall take all steps necessary to protect his/her own data, software and computers from contamination by viruses that may circulate over the Internet. BeThe1 shall not be liable for any damage or loss the Applicant may suffer due to computer viruses.
  • The Applicant shall be entirely responsible for his/her equipment connected to the Site.
  • Without prejudice to the rights stipulated in Act No. 78-17 of January 6, 1978, (CNIL) BeThe1 informs the Applicant and third parties that it stores all of the information sent to the Site on a computer medium for one (1) year as of the date the information is first published on the Site, it being understood that with respect to foreign applicants, BeThe1 undertakes to comply with any similar requirement that may be required by an official body that is comparable to the CNIL. The Applicant acknowledges that he/she is fully aware of the above considerations.

6. Liability

BeThe1 shall not be held liable for the following:

  • the unavailability of the network or problems connecting to the network or in sending data viewed on the Site.
  • The information posted on the Site by the Applicant. The Applicant and the person who represents him/her when the Order is placed shall alone be liable for the use of their e-mail system when connected to the Site and for the information contained in this system and their use of this information. The Applicant shall bear sole liability for this.

If BeThe1 is judged liable for an Order that is incorrectly executed or posted as the result of its sole and direct fault, BeThe1 shall provide no compensation for any consequential loss suffered by the Applicant and shall only be liable for reimbursing the amount the Applicant paid to place said defective Order.
BeThe1 has no obligation to find the Applicant a job.

7. Prices

The prices of the services and options selected by the Applicant shall be those in effect at the time the Order is sent.
BeThe1 reserves the right to modify its public prices at any time.
The price of BeThe1's services shall under no circumstance include the cost of the Applicant's subscription and/or connection to the telephone system and/or to an Internet access provider. These costs shall be borne exclusively by the Applicant.
If based in France, the Employer shall pay VAT at the rate in effect. If based in Japan, the Employer shall pay the sales tax at the rate in effect.

8. Payment terms

The Applicant's Order for fee-based services shall only be fulfilled after full payment has been made online by credit card.
All payments made online by credit card to the Site result in a systematic debit request. If such a request is refused, for whatever reason, the corresponding Order shall be rejected. BeThe1 shall reimburse no online payment to the Applicant.
BeThe1 shall issue the Applicant an electronic receipt that is a valid invoice. No other document shall be provided to the Applicant.

9. Disputes

Any dispute between BeThe1 and the Applicant shall be decided by the French court having jurisdiction in accordance with French law.

 



  Legal provisions
 
 

The Web site, www.BeThe1.com (hereinafter, the "Site"), is the property of BeThe1 S.A., which operates it.

Head Office :

BeThe1 SA
3, cité paradis
75010 Paris
France

R.C.S. de Paris : B 432 802 718
S.A. (limited liability company) with capital of EUR 100,804
Legal representative: François Bouyer
STD : 01.4770.7323

Host:

Internet Fr SA
Immeuble Odyssée
2-12, chemin des Femmes
91886 MASSY Cedex
France

STD : 01.6453.1212

Agence :

IDnext
7 avenue de verdun
26300 Bourg de péage
Email : contact@idnext.net
www.IDnext.net
France
Tel : 04.7570.1811

The Site whose address is http://www.BeThe1.com is registered with the National Commission on Information Technology and Protection of Privacy.

 


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