Last updated (June 3rd, 2021)
Gojob S.A.S. (hereinafter "Gojob" or the “Company”) publishes a platform (the “Platform”) for connecting temporary workers and Customers, which is accessible on a website at www.gojob.com (the “Website”), or in the form of a mobile app (the “App”), and designed to connect workers looking for temporary jobs with Customers looking for candidates.
If you do not wish to be bound to these GTCU (or any revisions thereto), you must discontinue use of the Platform and unregister by contacting our Customer Service.
Advertisement: means an offer of employment with a Customer, proposed through the Website, the App or the Services.Gojob, “we" or “our": means Gojob SAS or one of its affiliates or subsidiaries.Content: means allinformation (including without limitation any text, photographs, graphics, data or software), in any medium, uploaded to or published through the Website, App or Services.Customer(s): means a natural person or legal entity who or which is looking for a candidarte to perform a Job.Identification Codes: means the Member Area, login ID and associated password Users create when registering on the Website.Member or “you": means a User who has registered on the Website, the App or the Services and accepted the GTCU.Job(s): means the specific task or tasks entrusted by a Customer to a Worker.Worker(s): means a natural person or legal entity who or which wishes to reply to an Advertisement or perform a Job.User(s): means a natural person or legal entity who or which uses the Website, the App or the Services.Gojob provides an on-line platform designed to enable natural persons or legal entities looking for candidates to perform jobs ("Customers") and natural persons and legal entities looking for jobs (“Workers") to consult, connect and enter into contracts (“Services"). These Services can be accessed via the Website or the App.Customers, Workers and generally anyone using the Services via the Websiteor the App are referred to as the "Users". The Users and Gojob are collectively referred to as the "Parties".The “Member Area" is the private area of the Website reserved for each User who has registered on the Website and accepted the GTCU Terms. It can be accessed by logging in with Identification Codes.
GOJOB DEVELOPS THE FEATURES AND FUNCTIONS OF THE WEBSITE, THE APP AND THE SERVICES TO ENSURE THEIR FUNCTIONING AND QUALITY. WE MAY AMEND THESE GTCU AT ANY TIME IN OUR DISCRETION. THE MOST RECENT VERSION OF THE GTCU SUPERSEDES PREVIOUS VERSIONS. PLEASE CHECK THE "LAST UPDATED" LEGEND AT THE TOP OF THIS PAGE TO SEE WHEN THESE TERMS WERE LAST REVISED. A CURRENT VERSION OF THIS AGREEMENT SHOWING THE EFFECTIVE DATE IS ALWAYS AVAILABLE HERE. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THESE TERMS TO SEE IF THERE HAVE BEEN ANY CHANGES THAT MAY AFFECT YOU. CHANGES TO THESE GTCU WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE PLATFORM AND SERVICES. HOWEVER, IF WE MAKE ANY MATERIAL CHANGES TO THESE GTCU, WE WILL NOTIFY EXISTING USERS BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON THE SITES AND/OR SENDING AN EMAIL TO OUR USERS WHOSE EMAIL ADDRESSES WE HAVE. ALL CHANGES TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. IF YOU DO NOT AGREE TO THE REVISED GTCU, YOU MUST DISCONTINUE OUR PLATFORM AND SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THE PLATFORM AND SERVICES AFTER NOTICE OF SUCH CHANGES TO THE GTCU SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGES.
4.1 Registration requirements for the Platform; Updates
The use of the Platform is reserved for natural persons aged 18 or over. Minors aged under 18 are strictly prohibited from registering on the Platform. By accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our databases, we will promptly do so.
Your right to use our Platform and Services, and all Content made available by the Company (collectively, the "Company Property") is personal to you. You are solely responsible for the contents of your transmissions through the Company Property. Your use of the Company Property is subject to all applicable local, state, national and international laws and regulations.
(a) to comply with all applicable statutes, orders, regulations, rules, and other laws, including such laws regarding the transmission of technical data exported from the United States through the Company Property;
(b) not to use the Company Property for any fraudulent or illegal purposes;
(c) not to take any action to interfere with the Platform and/or Services or any other User's use of the Platform and/or Services and to respect the rights and dignity of others;
(d) not to interfere or disrupt networks connected to the Company;
(e) to comply with all applicable regulations, policies and procedures of networks connected to the Company Property;
(f) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Company Property;
(g) not to post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Platform and/or Services any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
(h) not to reproduce, duplicate or copy any portion of the Platform and/or Services, except as authorized by these GTCU;
(i) not to sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Platform and/or Services without the prior written consent of the Company;
(j) not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform and/or Services, or express or imply that we endorse any statement you make;
(k) not to remove any copyright, trademark or other proprietary rights notice from the Platform or other Company Property;
(l) not to violate or attempt to violate the security of the Platform;
(m) not to disseminate on the Platform any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
(n) not to assist or permit any persons in violating these GTCU or applicable statutes, orders, regulations, rules, and other laws governing the use of the Platform and/or the Services.
(o) not to frame or utilize framing techniques to enclose any trademark, logo, or other Company Property (including images, text, page layout or form) of the Company;
(p) not to use any metatags or other "hidden text" using the Company's name or trademarks;
(q) not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Property except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(r) not to use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(s) not to access the Company Property in order to build a similar or competitive websites, mobile applications or services.
You understand that the Company Property is evolving. We may make improvements and/or changes to the Platform, add new features, or terminate the Platform and/or the Services at any time without notice. As a result, the Company may require you to accept updates to the Company Property that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Company Property without any notice or liability to you or any other person. You may also need to update third-party software from time to time to use the Company Property. We do not warrant that information on the Platform is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
4.2 Creating an account
The Platform enables Members to publish and view Advertisements. You can view the Advertisements even if you are not registered on the Platform. However, you cannot publish or reply to an Advertisement without having first created an Account and become a Member.
To create an Account, you must:
These required fields will be marked with asterisks (*). Users must provide accurate information regarding their identity and contact details which they undertake to update immediately if there are any changes.
If a User provides false information, Gojob may suspend and/or terminate access to the Service immediately, without notice or compensation.
4.3 Privacy and identification codes
When registering on the Website, Users create a Member Area, a login ID (corresponding to their telephone number) and an associated password.
Users shall therefore be free to unregister from the Website as Members, at any time, by sending an e-mail to: firstname.lastname@example.org or via the form provided for this purpose.
The information you give us when you register and when your profile is created enables us to present your profile to our Customers in order to offer you the jobs best suited to your profile.
For this reason, Gojob may implement a system for checking the consistency of the information you give us on this occasion, on the strength of its legitimate interest in offering the best possible candidates to its Customers and offering its members jobs that match their profile. This is particularly the case when you enter your telephone number or provide us with proof of identity.
Gojob uses Checkr as its third-party provider to run secure background checks on all Workers, in accordance with applicable federal and state law. If you believe that the contents of your background check are inaccurate or incomplete, you may contact Checkr, Inc. by phone at 844-824-3257 or by using the Checkr applicant portal.
You acknowledge and accept that any reference on the Platform or the Services to "checked" information, or any term similar to "checked", simply means that a Member has passed the verification procedure that exists on the Platform or the Services. Gojob does not guarantee the veracity, reliability or validity of the information which has been subject to the verification procedure.
4.5 Worker obligations
To be listed as a Worker on the Website and to be visible to Users, you must provide us with accurate information, especially the information marked as required. Furthermore, your chances of being selected by our Customers significantly increase when your profile page is complete with a photo, biography and details of skills and expertise. We therefore strongly recommend that you fill in your profile page as comprehensively as possible and update it on a very regular basis to maximize your chances.
However, you should only be able to be identified by your first name on your page. You therefore agree not to publish any information allowing you to be contacted directly (telephone number, e-mail address, logo, etc.). Otherwise, Gojob may make such information or unfortunately delete your profile.
We also provide you with the opportunity of benefiting from third-party recommendations by making documents recommending you available on your page. In this respect, you represent and warrant that you have any permissions required to publish such documents. You hold Gojob harmless against any claims or disputes regarding third-party recommendations.
You may also be required to prove your identity or provide any other documents necessary for the Service to function (including, but not limited to, a work permit, an ID document and diploma(s)).
4.6 Account closure
If you provide false, inaccurate, outdated or incomplete data, the Company shall be entitled to suspend or close your account and refuse you any future access to all or part of the Services.
4.7 Personal Data
These policies provide a detailed explanation of the processing operations carried out on the personal data of our Members (Gojobbers). They also provide full details of the terms and conditions of registration for candidates or temporary workers on our exclusion list.
When you register, you provide us with your contact details (mobile phone number or e-mail, in particular). By downloading the Gojob mobile app available from Play Store or the App Store, you can also authorize us to display push notifications on your phone.
Above all, by accepting these GTCU, you consent to these functions and contact details being used to communicate with you in connection with the implementation of these GTCU, particularly in order to:
Being able to contact you on your e-mail and/or via your mobile phone number is necessary for the Services offered by Gojob to operate smoothly and enables the contract between us to be properly executed. In accordance with applicable law, you therefore agree to their use in connection with these GTCU.
You will also be able to accept or deny the use of your e-mail and/or your telephone number for sales prospecting purposes.
Gojob provides Users with the following services:
Users access the Website via the public URL www.gojob.com/w. Access to the Service requires Users to log on to the Website by entering their Identification Codes. The Website and the Service are available 24/7, except in cases of force majeure, when an event occurs which is beyond Gojob's control or volition, and subject to any breakdowns and maintenance or updating operations required for the Website to function properly and for the Service to be provided (hereinafter "Maintenance Operation").
The Website and the Service may be suspended in order to perform the Maintenance Operations. In this respect, Gojob undertakes to inform Users of the occurrence of a Maintenance Operation as soon as possible and with at least 24 hours' notice. If a malfunction or anomaly hinders the smooth functioning of the Website or the provision of the Service, Gojob undertakes to carry out the operations required to restore the Website and/or the Service as soon as possible. Support for using the Website and Services is available by sending an e-mail to email@example.com. Any problems connected with a User's Internet access or computer hardware are not covered by this support.
The Services are provided to the Customer for a fee and to the Worker free of charge.
For a temporary job, the total price paid by the Customer consists of the total cost of the employee's wages charged over the period of the job, plus commission.
The price of the Services provided by Gojob is shown on the Website.
The methods for paying the price of the Services are described on the website. Payment is made via Stripe by direct debit using the Customer's bank card number or by SEPA Direct Debit.
By using the Services, Users guarantee Gojob that they have the authorizations required to use the chosen payment method. They agree to take the appropriate measures so that the price of the Services can be paid by direct debit.
8. 1 Principle
The evaluation system is a specific feature of the Service. It creates trust between the Customer Users and Worker Users.
At the end of each Job, the Customer must evaluate the Worker's service in order to validate the Job. This evaluation consists of an overall score.
The evaluations provide an indication of the quality of the service carried out, the skills and expertise implemented in connection with the Job and the Customer's final satisfaction.
The evaluations left by Customers cannot be altered or deleted from a Worker's profile, unless the Worker makes an exceptional request to the Company explaining the situation after notifying the Customer who made it.
Evaluations enable Workers to benefit from a better ranking on the Website, based on criteria selected by the Customers, and to raise their profiles in the search results.
In the case of a low/negative evaluation, the Company may approach the Customer and/or the Worker to understand the reasons for this situation.
8.3 Managing difficulties during applications or jobs
One or more low evaluations of a Member, difficulties during the process for handling a Member’s applications (incomplete or incorrect information, inappropriate attitude during interviews, etc.), the improper execution or non-performance of the temporary jobs entrusted to them or one of their jobs finishing early, are all difficulties likely to be recorded and to affect the jobs subsequently offered to the Member. The Company reserves the right to suspend a Member’s account for repeated low evaluations. Before suspending any Member’s account, the Company will inform the Member.
8.4 Evaluation of customers
Workers may be required to evaluate Customers, in complete confidentiality, using objective criteria.
These evaluations are not intended to be published on the Website or the App and are used for information purposes for the smooth running of the Service.
If the Customer cancels a service delivery offer which has been accepted by the Worker, a fixed handling fee of 100 USD without tax shall be charged per Worker found, for expenses incurred by Gojob in connection with the search for Workers and the cancellation processing fees.
If the Job is cancelled by mutual agreement while in progress (instigated by either the Customer or the Worker), the Customer shall only be liable for the amount charged for the hours the Worker has actually worked.
Users agree to access and use the Website and the Services in accordance with the applicable laws and these GTCU.
In this respect, you acknowledge that, purely for the purposes of checking that you are complying with these GTCU and applicable laws, the Company may read all Content published or exchanged on the Website.
You agree to make all declarations and perform all the formalities necessary for your use of the Services, and to fulfil all of your legal, industrial, administrative and tax obligations and all of the specific obligations for which you are responsible, if any, under applicable law, in connection with your activity and the use of the Services.
If requested, the you agree to provide the Company immediately with documentary proof that you fulfil the conditions laid down in this article.
You are solely responsible for properly completing the aforementioned formalities. The Company may not be held liable in this regard.
You are prohibited from publishing any 'contact information', such as your telephone number or e-mail address, on the Website pages that are accessible to other Users (including on the Worker's profile page, chat rooms, etc.). In any event, the Company reserves the right to delete such information.
You agree to make fair use of the Website and the Services and shall specifically refrain from circumventing the Services and the Website. Consequently, when a Worker and a Customer are connected through the Website with regard to a Job, they agree to enter into a contract exclusively through the Website.
Any User who notices a circumvention of the Company's Services or who is encouraged to circumvent them by another User agrees to inform the Company immediately.
Likewise, all Users are prohibited from extracting content from the Website for a similar or competing activity, or for recruitment purposes.
Customers agrees to make a serious and sufficiently detailed Job offer to the Worker(s) with whom they come into contact through the Website in order to obtain a fee proposal.
In this respect, Customers agrees to provide Workers with any necessary clarification so that the description of the Job offer is as accurate as possible and does not mislead Workers.
Customers are prohibited from contacting Workers for jobs which they do not intend to honor.
Customers are prohibited from using the Services and the Website for promoting their business or a third party's business. In this respect, they specifically agree not to send any advertising messages to the Website Users or to canvass them.
The Customer agrees to comply with all applicable legal and regulatory requirements on the use of temporary workers.
The Customer agrees not to ask their financial institution to cancel their payment by electric money provision and/or not to revoke the direct debit authorization granted to the Company during the course of a Job.
Users are solely liable for direct or indirect damage they may suffer as a result of any incorrect, incomplete and/or misleading information they provide when they register on the Website or when they fail to update such information.WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Users are responsible for all uses their GoJob accounts, whether or not actually or expressly authorized by Users. Users agree that their accounts and login credentials may not be transferred or sold to another party. Users agree to immediately notify the Company of any unauthorized use of their accounts or any other breach of security of which they are aware.
Users are solely responsible for all the Content they choose to place on the Website. Users are expressly prohibited from publishing any Content which is offensive, defamatory, denigrating, libelous, racist, xenophobic, contrary to morality and public decency, infringing, injurious to public order or third-party rights or liable to infringe the Company's rights, reputation and image, and more generally the content of which would contravene the law and/or the regulations, including criminal law and/or regulations.
Customers are solely responsible for the description of the Job offer for which they are requesting a fee proposal from Workers. If there is an error in the description of the Job offer, the Customer/Project Leader alone shall cover any additional services necessary and extra costs related thereto by formalizing a Job addendum with the Worker through the Website. The Customer undertakes in particular to publish a Job offer that complies with applicable law.
The Company shall do its utmost to ensure that the Website and the Services function correctly and can be accessed 24 hours a day, 7 days a week.
However, given the limitations of the Internet, the Company cannot rule out that access to and the functioning of the Website and the Services may be interrupted, particularly if there is a force majeure event, if a User's equipment malfunctions, if a User's Internet network malfunctions or if maintenance operations are being carried out to improve the Website and the Services.
Consequently, the Company may not be held liable for any interruption of the Services, whether intentional or not, it being specified that it agrees to do its utmost to limit the interruptions caused by it.
In connection with a Job concluded in the form of temporary labor or wage portage:
11.5 Worker responsibilities:
For temporary jobs signed with the Company, the Worker must comply with the provisions of the employment contracts concluded via use of the Company’s Services. In particular, they must follow the directions given by their line manager, or by means of general instructions or memos, when performing their duties. Furthermore, Workers agree not to start any Jobs if the related contracts have not been signed.
11.6 Customer responsibilities:
For temporary jobs signed with the Company, Customers must comply with the provisions of the employment contracts signed with Workers.
11.7 Company responsibilities:
The Company shall provide Users with Services which comply with its professional standards and requirements. The Company has the appropriate equipment for this purpose and competent operational staff. The Company is only bound by a “best efforts” obligation and under no circumstances shall be held liable for indirect loss, such as loss of business, loss of customers, loss of orders, any business disruption, loss of profit or loss of brand image.
In the event of force majeure or circumstances beyond its control, including if access networks or networks accessible by the Services are interrupted, or if a User's receiving equipment or line fails, the Company may not be held liable for any loss of data, alteration, modification, interruption, slowness and inaccessibility of the Internet network or any other problem affecting transmissions on the telecommunication networks and disrupting the use of the Website or the Internet which is not directly or exclusively caused by it. If Users do not sign Job contracts in a timely manner, Company shall not be responsible for successful completion of the Job(s) at issue. Users are solely responsible for ensuring that Job contracts are timely signed and that the work contracted for is performed..
Users are solely responsible for performing contracts relating to Jobs that they agree to with other Users through the Website, the Company's only involvement being to connect them with each other. The signing and performance of contracts between Workers and Customers take place at the instigation and under the exclusive responsibility of the Workers and Customers.
Workers acknowledge that the Company’s technical resources and tools for invoicing do not release them from their own legal responsibilities, in particular with regard to the compulsory information which must appear on their invoices or in terms of applicable taxes.
The Company provides Workers and Customers with technical resources and tools enabling them to establish relations for the purposes of completing Jobs and concluding service contracts through the Website. Its responsibility is limited to providing such resources, as described herein, and connecting Workers and Customers.
The Company and Workers are independent parties who act in their own name and on their own behalf.
The Company is not a party to any contracts in the name of and/or on behalf of Workers or Customers. Workers and Customers enter into contracts with each other directly through the Website.
Consequently, under no circumstances may the Company be considered a User's employee/employer, agent or principal.
The Company may not be held liable for any cancellation of payment or revocation of the direct debit mandate instigated solely by a Customer, and any consequences that may arise therefrom.
The Company may not be held liable for any false, misleading or out-of-date information Workers provide and the Company forwards to a Customer, as part of the Worker verification option. However, the Company agrees to perform checks and due diligence in accordance with best practice and professional standards.
12.1 Paperless services are mandatory and free.
They facilitate the production and processing of administrative documents and flows related to Jobs and their associated Contracts. As such, they are an integral part of the Services.
Users fully accept the implementation of such paperless services.
12.2 For temporary employees or wage portage employees:
The paperless services enable employees to:
The Digital Safe is a storage area which can be accessed remotely. This Digital Safe is provided by a third-party company.
Following the activation of the services, Users shall receive an e-mail for the provision of the Digital Safe service and to create their login credentials. The Digital Safe Service is subject to the General Terms and Conditions of Activation and Use published by the company that hosts it. Once subscription to the Digital Safe has been confirmed, Users are also directly linked to the company operating this safe and may continue to benefit from the Digital Safe, under the terms and conditions published by said company, including after their relationship with the Company has ended.
12.3 For registered Workers who invoice Customers directly:
The paperless services enable registered Workers to:
The Digital Safe is a storage area which can be accessed remotely. This Digital Safe is provided by a third-party company.
Following the activation of the services, Workers shall receive an e-mail for the provision of the Digital Safe service and to create their login credentials. The Digital Safe Service is subject to the General Terms and Conditions of Activation and Use published by the company that hosts it. Once subscription to the Digital Safe has been confirmed, Users are also directly linked to the company operating this safe and may continue to benefit from the Digital Safe, under the terms and conditions published by said company, including after their relationship with the Company has ended.
12.4 For Customers:
The paperless services enable Customers to:
The Digital Safe is a storage area which can be accessed remotely. This Digital Safe is provided by a third-party company.
Following the activation of the Services, Customers shall receive an e-mail for the provision of the Digital Safe Service and to create their login credentials. The Digital Safe Service is subject to the General Terms and Conditions of Activation and Use published by the company that hosts it. Once subscription to the Digital Safe has been confirmed, Users are also directly linked to the company operating this safe and may continue to benefit from the Digital Safe, under the terms and conditions published by said company, including after their relationship with the Company has ended.
14.1 Publication management
The Platform is published by GOJOB, SAS, a French corporation with an office at 220 rue de la Tramontane, Bâtiment A - 13100 Aix-en-Provence (France)
The Website is hosted on the servers of Netlify, 610 22nd Street, Suite 315, San Francisco.
14.4 Content and liability
(a) THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTY;
(b) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTY, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTY; OR
(c) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors, and agents (the "Company Parties") from any and all claims, liability, losses, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Company Property, your violation of these GTCU, unsolicited information you provide to the Company through the Platform, or your violation of any third party's rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These terms will inure to the benefit of the Company's successors, assigns, and licensees.
Users may create one or more hyperlink(s) towards the Website's home page, for example, or towards their profile pagea if they are Workers.
Users are prohibited from creating any links from websites which do not comply with current legislation or which are of such a nature as to damage the interests, reputation and/or image of the Website and the Company.
In any event, the Company reserves the right to terminate a User’s right to create hyperlinks at any time if it believes that the link established with the Website is of such a nature as to damage its interests, reputation and/or image.
Under no circumstances does the existence of a hyperlink from a third-party website to the Website imply a cooperation and/or partnership between the Website and this third-party website. The Company has no control over third- party websites and therefore does not assume any liability for the content and the products and/or services available on or from such third-party websites with a hyperlink to the Website.
The Website may contain links to the websites of the Company's partners or to third party websites. The Company has no control over such websites and therefore does not assume any liability for the availability of such websites, their content and the products and/or services available on or from such websites.
The Company shall not be liable in any way for direct or indirect damage that may occur when the User accesses the partner and/or third-party website and uses the content and the products and/or services of this website.
For any questions or information concerning the GTCU, the Website and the Services, Users may contact the Company using the "Contact" tab on the Website or by sending an e-mail to: firstname.lastname@example.org.
Users may also find answers to their questions using the online chat solution offered directly on the Website.
If any of the clauses in these GTCU is declared null and void by a change in legislation or regulations or a court decision, under no circumstances shall it affect the validity of and compliance with these GTCU.
The failure of the Company to exercise the rights granted to it hereunder does not constitute a waiver of its rights.
These GTCU and the rights of the Parties hereunder are subject to New York and U.S. law for resolution of all related claims, differences and disputes, including all matters of construction, validity, performance, and enforcement. This provision shall survive termination of the GTCU. If any provision of these GTCU is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
The Platform, the Services and these GTCU are in effect until terminated by the Company. In addition to any right or remedy that may be available to the Company under applicable law, the Company may suspend, limit or terminate all or a portion of your access to the Platform or the Services or any of its features at any time with or without notice and with or without cause and without liability to you, including without limitation, if the Company believes that you have violated or acted inconsistently with the spirit of the terms and conditions herein. The provisions of these GTCU concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Platform and/or Services is terminated pursuant to these GTCU, you will not attempt to use the Platform or the Services under any name, real or assumed. You further agree that if you violate this restriction after your use of the Platform or the Services is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
The Company may provide you with notices, including those regarding changes to the GTCU, by e-mail, regular mail, text messaging, posting on the Company Property, or other reasonable means, now known or hereafter developed. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. If the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the GTCU, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
The GTCU are the final, complete and exclusive agreement of the parties i.e., you and the Company, with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.