AGREEMENT IN RELATION TO PROOF
APPLICABLE LAW AND JURISDICTION
Adecco Digital France offers its customers a temporary staff management platform called “Clic&Staff”, available online at https://clicandstaff.fr/.
Customers simultaneously make this tool available to their employees or service providers.
It is important to inform such employees or service providers (hereinafter “you”) of the terms of service of this tool.
These terms of service are not intended to change the contractual relationship between you and your employer in any way.
In the event of any difficulties relating to the comprehension, acceptance or application of these terms, please contact your company.
For a better understanding of these Clic&Staff terms of service, the following definitions shall apply :
« Identifier » : any element that identifies a user;
« User » or « you » : any natural person authorised by a Clic&Staff customer company to use a user account on the platform;
« Platform » : the Clic&Staff solution.
The purpose of these terms of service is to define the terms and conditions under which you are authorised to use the platform.
To use the platform, you must :
> be authorised by your employer or client to use it;
> have the necessary information, training and skills to use it;
> have an identifier allowing you to log in;
> have the necessary technical tools and connection to use it.
In the event of any doubts or difficulties in meeting any of these conditions, please contact your employer or client directly.
These terms of service shall become effective from the time at which your user account is opened, regardless of whether or not it is used.
They shall expire :
> either on the end date of the service agreement signed by your employer or client;
> or from the date of disconnection of your account for any other reason (see terms of Disconnection).
Clic&Staff may suspend and then disconnect your account in the event of use that is not compliant with the terms hereof.
Your employer or client shall be notified of any suspension or disconnection. Clic&Staff shall not be held liable for the consequences of such notification.
The user accepts these terms by a click on opening the account. They shall be applicable to you and remain valid until you are notified of new terms of service.
These terms of service may be amended according to changes in the platform and the uses offered.
If there is more than one version, the applicable version is the one in effect on the day on which the platform is used.
Platform use requires the use of an identifier.
Such identifier and the terms of access are defined by Clic&Staff.
Identifiers are individual and specific to each user. Your identifiers must not be shared with others.
You are exclusively responsible for the preservation and confidentiality of your identifiers and must take all necessary steps to ensure full confidentiality.
The user will be presumed to have used the service in the event of use based on the user’s identifier unless otherwise demonstrated by the user.
If you forget your password or if the confidentiality of your password is compromised, you can change it by following the procedure accessible on the Clic&Staff website via the “Forgot your password?” tab.
The password must be renewed every ninety (90) days and the system stores the password history, thus prohibiting the cyclical reuse of previous passwords. You are thus required to choose a different password each time.
Your account will be temporarily blocked after entering six (6) incorrect passwords. To unblock your account, you must request a password reset on the Clic&Staff website.
You are responsible for the use of the platform.
Use of the platform is strictly limited to the features it contains.
You hereby agree to comply with the terms of service and any unlawful use or use that is contrary to the purpose of the platform or that renders its use unlawful is prohibited.
You are exclusively responsible for the use of the platform and the content uploaded to it. Clic&Staff’s responsibility is limited to the provision of the platform and associated services outside periods of maintenance or unavailability due to causes not attributable to Clic&Staff.
Any use that would be likely to disrupt the proper operation of the platform is prohibited.
In addition, fraudulent access to or continued use of all or part of the platform is prohibited, as well as the use of a method of access other than the interface and instructions made available by Clic&Staff. If such a method is discovered or if you enter a restricted area without authorisation or inadvertently, you must immediately inform Clic&Staff so that it can take the necessary measures.
You may waive the use of the platform and its related services at any time, but shall remain responsible for any prior use.
The platform may be unavailable for technical interventions, including maintenance, on Saturdays and Sundays and exceptionally from Monday to Friday, from 7:00 p.m. In this case, you will be informed by a message displayed on logging in.
Clic&Staff will not be liable for damages of any kind that may result from such changes and/or temporary unavailability or the permanent termination of all or part of the platform or related services.
Requests received outside of such hours will be taken into account at the next opening.
Availability of the platform cannot be maintained in the event of force majeure, as defined by Article 1218 of the Civil Code, and in particular in the event of unavailability of Service related to telecommunications operators or the operation of the Internet or a natural disaster resulting in the destruction of physical infrastructures (including computer servers).
All platform access and uses are tracked. The conditions of access and use are available to your employer or your client upon request.
Clic&Staff shall not be held liable for the consequences of such communication.
The platform and its services (code or graphic interface part) are and shall remain the property of Clic&Staff, as well as the associated brands and logos.
Operation of the platform involves the implementation of one or more types of personal data processing, particularly for the following purposes :
– to verify the identity of the persons who may use the platform;
– to provide the services and settings required;
– for continuous improvement of the platform;
– to track the uses related to the platform;
– to prepare individual or collective statistics on platform use.
Such processing is performed in strict compliance with personal data laws.
For further information, read our Clic&Staff personal data protection policy by clicking here.
Clic&Staff’s responsibility is limited to offering a technical service aimed at providing the user with a platform allowing him/her to access information relating to temporary workers. In the provision of the platform, Clic&Staff is subject to an obligation of due care.
Clic&Staff shall use its best efforts to secure the platform, according to professional standards and practices. However, given the exponential nature of technological developments, Clic&Staff cannot ensure that the platform is absolutely secure or free of potential faults.
Login and log data and other technical data are considered by the parties to have probative value. This provision shall be considered an agreement in relation to proof.
If one or more provisions herein are deemed invalid or declared to be invalid pursuant to a law, regulation or final judgement by a competent court, all other provisions shall remain in full force and effect.
These terms of service are governed by French law.
This provision is applicable with regard to substantive rules and rules of form, notwithstanding the places of performance of substantive or incidental obligations.
Any disputes related to these terms of service shall be submitted to French courts.