1. Preamble
The company PROMAN Canada Inc, whose head office is located at 625 avenue du Président Kennedy, suite 1005, Montréal, Qc, H3A 1K2 (hereinafter “PROMAN”), publishes and operates the internet platform accessible at the following address: https://www.proman-emploi.ca (hereinafter “the Site”).
The Site offers a service to candidates looking for employment (hereinafter “Candidates”) as well as to candidates who have already worked at PROMAN and are looking for a new job (hereinafter “Candidates”).
ANY USE MADE FOR ANY PURPOSE OF THE SITE MANDATORILY IMPLIES THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL CONDITIONS OF USE (GCU).
2. Definitions
Capitalized terms and expressions, whether used in the singular or plural, shall have the meaning set forth in this Article, unless the context otherwise requires:
“Candidate” : means a natural person looking for a job who has never worked at PROMAN before, sending their CV to PROMAN or applying for the Job Offers listed on the Site, or a natural person looking for a job who has already worked at PROMAN, sending their CV to PROMAN or applying for the Job Offers listed on the Site.
“Unsolicited application”: means the fact for a Candidate to submit to PROMAN an application unrelated to any Job Offer.
“General Conditions of Use” or “GCU” : means these contractual conditions made available on the home page of the Site, in order to govern the use thereof by any User.
“Data” : means all data recorded, downloaded or entered by the User or by PROMAN teams on behalf of the User when using the Site. If this Data is personal, it is referred to as “Personal Data”.
“Employment” : refers indifferently to permanent or temporary employment.
“Company” : means any legal entity that is a client of PROMAN and is looking for Candidates.
“Job Offer”: means the Job proposal formulated by PROMAN to meet the needs of a Client, for an Internal Job or to supply its candidate base.
“Parties” : means together PROMAN, the Candidates and the Companies.
“Services” : generally refers to the Services offered by PROMAN to Candidates via the Site and defined in article 7 of these T&Cs.
“Site” : means the Internet Site accessible at the address https://proman-emploi.ca/The Site brings together all the web pages, services and functionalities offered to Users.
“Terminal” : means a connected computer device such as a computer, smartphone or tablet, with an internet connection and which is compatible with the use of the Site.
“User” : means any natural or legal person who visits the website “ https://www.proman-emploi.ca/ “, whether the connection is made directly or via a partner portal.
3. Purpose
The purpose of these T&Cs concluded between PROMAN and the User is to define the terms and general conditions of use of the Site in order to allow the User to benefit from the Services as defined in Article 7 of these T&Cs.
Their purpose is to establish the respective rights and obligations of the Parties within the framework of the use of the Site and all of the Services offered there.
The T&Cs apply, without distinction or reservation, to all Users and all Services provided by PROMAN on the Site.
It is hereby specified that any information appearing in PROMAN publications is given for information purposes only and that only these General Terms and Conditions constitute the agreement of the Parties for the Use of the Site.
The Parties declare that these T&Cs cannot under any circumstances be considered as a constitutive act of a legal person or any legal entity, and that any form of “affectio societatis” is formally excluded from their relations.
4. Acceptance of the General Conditions of Use
Use of the features of the Site and the Services implies acceptance of these T&Cs.
The User therefore undertakes to read these General Conditions of Use carefully when accessing the Site and is invited to print them and keep a copy.
It is specified that these T&Cs are referenced at the bottom of each page of the Site by means of a hyperlink and can thus be consulted at any time.
5. Technical specifications
By using the Site, the User acknowledges having the means and skills necessary to use the functionalities offered on the Site.
The equipment necessary for accessing and using the Site is the responsibility of the User, as are any telecommunications costs that may arise from their use.
The User undertakes to access the Site using a recent Terminal, not containing viruses and with an up-to-date latest generation browser.
6. Role of PROMAN
The Site published by PROMAN consists of allowing Candidates looking for employment to apply via a spontaneous application or by responding to a Job Offer.
The Job Offers proposed on the Site concern temporary and permanent jobs.
In all cases, PROMAN plays an active role in the search and selection of Candidates. Thus, PROMAN is at the origin of the Job Offers referenced on its Platform, it receives the applications of the Candidates, makes a selection before putting the Candidates in contact with the Companies.
7. Description of Services
7.1. Services for all Users
Any User may access the Site and its various functionalities free of charge.
The Site presents in a general and non-exhaustive manner the activities of PROMAN and more broadly of the PROMAN Group. The Site also presents the specialized network of the PROMAN Group that Users can consult by clicking on the link of the dedicated sites.
PROMAN strives to provide information on the Site that is as complete and accurate as possible, but which remains given for purely indicative purposes and is subject to change.
Thus, PROMAN cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to its own actions or those of third-party partners who provide it with said information.
7.2 Services for Candidates
The Site makes it possible to offer specific Services to Candidate Users looking for a Job.
Article 7.2.1 Job Search
Article 7.2.1.1 Search by search engine
The User may use the search engine to search for a Job Offer. He may enter in the search engine the type of Job sought and/or the location where he is looking for a Job.
Article 7.2.1.2. Filtered search
During any Job search on the Site, the User may refine their requests according to the filters offered.
Article 7.2.2 Application
Each Candidate can apply for PROMAN job offers that interest him/her.
The Candidate may also submit a spontaneous Application by sending his CV to PROMAN.
In the event of an application for a Job Offer or a spontaneous Application, the User must, after completing the dedicated form, accept the T&Cs by checking the box provided for this purpose.
8. Modification of the Site and Services
The Site and the Services available on the date of acceptance of these T&Cs are subject to modification, reorganization and deletion without PROMAN being held liable.
The User acknowledges having read in advance all of the Services on the Site before making an informed commitment and accepts that these Services may be subject to modification or withdrawal without prior notification.
9. Obligations of the Parties
Article 9.1. Obligations of Users
When using the Site, each User undertakes not to disrupt public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions of Use.
Each User has the obligation to:
– Behave loyally and as a good father towards PROMAN and third parties;
– Be honest and sincere in the information provided to PROMAN and, where applicable, to third-party Users;
– Use the Site in accordance with its purpose as described in these T&Cs;
– Not to misuse the purpose of the Site to commit crimes, offences or contraventions punishable by the French Penal Code or by any other law;
– Respect the privacy of third parties and the confidentiality of exchanges;
– Respect the intellectual property rights of PROMAN relating to the elements of the Site and, where applicable, the intellectual property rights of other Users;
– Not to seek to undermine the meaning of Articles 323-1 et seq. of the French Penal Code to the automated data processing systems implemented on the Site;
– Do not modify the information posted online by PROMAN or by another User;
– Do not use the Site to send mass unsolicited messages (advertising or otherwise);
– Do not disseminate data that has the effect of diminishing, disorganizing, slowing down or interrupting the normal functioning of the Site.
Article 9.2. Obligations of PROMAN
PROMAN’s general obligation is an obligation of means. PROMAN is not subject to any reinforced obligation of result or means of any kind.
PROMAN undertakes to implement all means to ensure continuity of access and use of the Site 7 days a week and 24 hours a day, except for accidental or malicious interruptions to the Service and except for maintenance periods, provided that the Terminal used by the User and its internet connection function correctly via compatible browsers.
PROMAN draws Users’ attention to the fact that current Internet communication protocols do not allow for the reliable and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
In the event of a failure of the Services attributable to PROMAN, or to a company or third party, PROMAN undertakes to implement all means to restore the operation of the Site within a reasonable time.
Furthermore, PROMAN may temporarily suspend the Services outside maintenance periods in the event of a system attack to the extent necessary to preserve the security of the Data.
The unavailability of the Site during these update or maintenance periods will not give rise to any right to compensation for Users.
In any case, PROMAN cannot be held responsible for any material damage that may be linked to the use of the Site.
10. Liability
PROMAN declines all responsibility in particular:
– In the event of temporary inability to access the Site for technical maintenance operations or updating of published information. Users acknowledge that PROMAN cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
– In the event of viral attacks, illicit intrusion into an automated data processing system;
– In the event of abnormal use or illicit exploitation of the Site by a User or a third party;
– Relating to the content of third-party websites to which hypertext links on the Site refer;
– In the event of non-compliance with these T&Cs attributable to Users;
– In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 11 of these T&Cs;
– In the event of an external cause not attributable to PROMAN;
– In the event of unlawful action by a User, or contractual breach of which a User is guilty;
In the event of abnormal use or illicit exploitation of the Site, the User is then solely responsible for damage caused to third parties and the consequences of any claims or actions that may result.
11. Force Majeure
PROMAN’s liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
In this respect, PROMAN cannot be held liable in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other or any interruptions to electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of PROMAN occurring after the conclusion of the T&Cs and preventing execution under normal conditions.
It is specified that, in such a situation, the User cannot claim the payment of any compensation and cannot take any action against PROMAN.
In the event of the occurrence of one of the above-mentioned events, PROMAN will endeavour to inform the User as soon as possible.
12. Validity of the T&Cs
If any of the provisions of these T&Cs were to be declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable.
Such modification or decision does not in any way authorize Users to disregard these General Conditions of Use.
The headings and subheadings of these T&Cs are included for convenience only. By express agreement between the Parties, these headings and subheadings may not be used to interpret any provision whatsoever.
The fact that a Party does not claim the application of any provision of these T&Cs or tolerates its non-performance temporarily or permanently, may not under any circumstances be interpreted as a waiver by that party to exercise the rights it holds under these T&Cs. The fact that a party tolerates a non-performance or imperfect performance of the T&Cs or more generally tolerates any act, abstention or omission by the other party that does not comply with the provisions of these T&Cs may not confer any right whatsoever on the party benefiting from such tolerance.
13. Modifications to the T&Cs
These T&Cs apply to any User browsing the Site.
The version of the T&Cs online on the date of connection to the Site is the only one that is enforceable for the entire duration of use of the Site and until a new version replaces it.
The T&Cs may be subject to modifications by PROMAN, in particular to adapt to legislative or regulatory developments.
The applicable T&Cs are those in effect at the time of browsing the Site.
The current T&Cs apply to the exclusion of all other conditions or previous versions.
The latest dated version of the T&Cs can be consulted at any time from the Site or can be sent to the User upon simple request.
14. Assistance
For any technical questions, the User may refer to the “Contact Us” tab on the Site which will then allow the User to obtain:
– PROMAN’s postal address,
– The phone number,
15. Intellectual property and counterfeiting.
PROMAN holds all intellectual property rights relating in particular to the Group’s brands, the Services and the Site in all its functionalities and in particular to the graphic interfaces, brands, logos and content. This list is not exhaustive.
These rights are protected by French and international laws relating to intellectual property.
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Site are the exclusive intellectual property of PROMAN and may not be used or represented without express authorization under penalty of legal action.
Any representation or reproduction, in whole or in part, of the Site and its content, by any process whatsoever, without the express prior authorization of PROMAN, is prohibited and will constitute an infringement punishable by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
In particular, PROMAN expressly prohibits:
– The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;
– Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever the form;
– The reproduction, extraction or reuse, by any means, including methods similar to scrapping of the contents (photographs, description, etc.) published by PROMAN.
Acceptance of these T&Cs constitutes recognition by Users of PROMAN’s intellectual property rights and a commitment to respect them.
The User is hereby granted a non-exclusive and non-transferable right to access and use the Site in accordance with these T&Cs.
The right of access and use relating to the Site is granted solely for the purpose of allowing the User to use the Site and access the Services, excluding any use outside the framework of these T&Cs.
Any other exploitation of the Site and its contents is excluded from the scope of this license and may not be carried out without the express prior authorization of PROMAN.
16. Protection of Personal Data
As part of the operation of the Site, PROMAN may collect personal data.
This data is necessary for the management of the Site and the processing of Applications.
This processing is legally based on consent, the execution of the employment confirmation, as well as on the legal and regulatory obligations of PROMAN. Its purposes are recruitment, administrative management and placement of candidates, work organization, career and training management.
All User data will be processed in accordance with these purposes.
This data will be kept confidential by PROMAN for the purposes of the contract, its execution and in compliance with the law.
The data may be communicated in whole or in part to PROMAN service providers.
In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as GDPR), PROMAN ensures the implementation of the rights of the persons concerned.
It is recalled that the User whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, as well as a right to limit processing in accordance with Articles 49, 50, 51, 53 and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the GDPR, the User may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The User can exercise his rights by sending a request via the “Contact us” tab.
17. Warranty
The User guarantees PROMAN against any infringement of third-party rights due to the storage and downloading of Data on the Site. If PROMAN were to be convicted due to an infringement of a third-party right by a User, the latter undertakes to release and guarantee PROMAN from any conviction for principal, interest, costs and accessories to which PROMAN could be condemned.
18. Jurisdiction and applicable law
THESE T&Cs AND THE RELATIONS BETWEEN THE USER AND PROMAN ARE GOVERNED BY FRENCH LAW.
In the event of a dispute arising between PROMAN and a User regarding the interpretation, execution or termination of these terms, the Parties will endeavour to resolve it amicably.
IN THE ABSENCE OF AN AMICABLE AGREEMENT, THE DISPUTE MAY BE SUBMITTED TO THE COMPETENT COURTS.