Wednesday 18 October 2017       info@tesladuo.com

1. Identification of the merchant

The commercial site (www.tesladuo.co.uk) is an e-commerce site accessible via the Internet, open to any user of that network. It is published by the Private Limited Liability Company (Société à responsabilité limitée) Tesla Duo Group incorporated under Belgian law, whose registered office is located 367 avenue Louise in 1050 Brussels (Belgium)
 
Trade Registry number 0549.864.195
VAT number BE 0549.864.195
Tel.: + 32 (0) 430 15 94
Email: info@tesladuo.com
Referred to below as ‘Tesla Duo’.

2. Object

The object of Tesla Duo is to put Jobseekers and Businesses in contact in all fields of activity.

Tesla Duo, in its capacity as the publisher of advertisements for services, thus proposes to establish contact between, on one hand, Jobseekers who want to find Businesses that are recruiting, and, on the other, Businesses seeking profiles of applicants from the applications lodged by Jobseekers on the Tesla Duo site. This contact is made by submitting a CV online and by submitting job offers or advertisements respectively.

The provision of services creates a best-efforts obligation only for Tesla Duo, with the express exclusion of any obligation to achieve a result.
 
The purpose of these General Terms is to establish the contract terms applicable to putting these parties in contact.

3. Definitions

Each of the terms mentioned below in these General Terms shall have the following meaning:

  • 1

    Advertisement:

    refers to the set of elements and data (images, texts, sound, photographs, drawings, etc.), submitted by a Business in order to offer a job, under its own editorial liability, and disseminated on Tesla Duo.

  • 2

    Business:

    refers to any adult natural or legal person having submitted an Advertisement on Tesla Duo.

  • 3

    Jobseeker:

    refers to any adult natural or legal person answering an Advertisement on Tesla Duo.

  • 3

    User:

    refers to any visitor having access to Tesla Duo who consults Tesla Duo.

  • 3

    Partner:

    refers to any adult natural or legal person who on occasion joins with Tesla Duo to carry out an action related to Tesla Duo. The partnership can be used as a communication tool for the Partner.


4. Procedures

a. Registration and access to Tesla Duo:


Tesla Duo is exclusively reserved to Users who have the legal capacity to conclude a contract and/or to work under national law, particularly as concerns the minimum age for access to employment.



Registration on Tesla Duo requires identification of Users that is sincere and accurate, before any use of the Site and its services. This registration is free of charge and is up to the Users under their own responsibility exclusively.



To proceed with registration, the User must accept the General Terms and create their profile directly on line.



The effective use of Tesla Duo is only authorized and possible after validation of a login and password chosen by the User at the time of their registration on the site.



The User undertakes to keep their logins and passwords strictly confidential and undertakes not to disclose or transfer them and consequently to use them only in a strictly personal way. The User is consequently considered to be personally responsible for the use that is made of their logins and passwords, and, more broadly, the consequences that could result from the use they make of the site.





b. Content:


The business is invited to create a page describing its activities on Tesla Duo free of charge.



It is invited to submit an Advertisement on Tesla Duo using the free procedure described below, in item d., of the title ‘Management of Advertisements’.



The Business undertakes to draft its advertisement in a clear, precise, accurate and honest way. It must comply strictly with pertinent national law. Any advertisement and insertion that jeopardises the operation or the image of Tesla Duo or its publisher can be subject to civil or penal legal action. More broadly, since Tesla Duo’s principle of operation is based on individual responsibility, each User is exclusively responsible for their actions on the site and their consequences. Tesla Duo urges its Users to show discernment in the various uses of the site and particularly to respect the honour and consideration of other Users and the laws and regulations in force.



Every user, whether Jobseeker, Business or Partner, is prohibited from using Tesla Duo’s services to:







  • Exchange information contrary to good morals or which are likely to cause public disorder;

  • More specifically, exchange information of a violent, racist, anti-Semitic, xenophobic, paedophilic nature, encouraging sexual, racial or religious discrimination or advocating crimes against humanity, war crimes or rape; such advocacy moreover is totally contrary to the founding principles of this site;

  • Posting advertisements on the site related to the provision of services of a sexual nature of any kind; whether such services are provided free of charge or for consideration;

  • Exchanging deliberately false, imitated, forged, or manipulated information or information that could be prejudicial to Tesla Duo, any User or any other person not using the site;

  • Recovering or collecting, in any way whatsoever, personal or confidential data pertaining to others;

  • Disseminating programs or advertisements prejudicial to minors or the private life of others or animals;

  • Sending unsolicited messages of a commercial nature or proposing moneymaking schemes or financial pyramids.


This list is not exhaustive. Tesla Duo reserves the right to withdraw any message and more generally any content that does not correspond to the spirit of the site.



The fundamental values of the site are mutual respect of Users, trust and honesty.



Tesla Duo reserves the right, moreover, to suspend access to its services temporarily or definitively for any User who does not respect the spirit of Tesla Duo, these General Terms or regulations in force, and to temporarily or definitively close the account of such Users. Tesla Duo also reserves the right to refuse certain content put online by users and/or to withdraw it from Tesla Duo for the same reasons.





c. CV database:


The CVs are posted on Tesla Duo by Jobseekers either in public mode or private mode.



c.1 In public mode :

Indeed, Tesla Duo proposes two options to Jobseekers to put their CV online. They can either have their CV filled manually and directly on Tesla Duo Website in which case the following personal information are automatically hidden and cannot be consulted by businesses using Tesla Duo Website:





  • email address;

  • telephone number;

  • postal address.

However, businesses will be able to consult the aforementioned information once contacted by Jobseekers and will thus be able to contact them back.



Or Jobseekers can upload their CVs on Tesla Duo Website in which case all included information will be consulted by businesses.



c.2 In private mode :

Uploaded CVs can also be put in private mode and thus cannot be consulted by businesses. However, Jobseekers still can be using their private CVs to apply to any job postings on Tesla Duo Website.



The personal information communicated in the CVs shall not include the following sensitive information:





  • information on diseases;

  • information on pregnancy;

  • any information concerning ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and sexual orientation;

  • libellous or defamatory information.



d. Management of Advertisements

Tesla Duo offers Businesses the possibility to insert, modify, activate, deactivate, delete and add (an unlimited number of) advertisements in the space reserved for businesses.



e. Internal messaging service:

Tesla Duo integrates an internal messaging service to enable Users to optimise their efforts to work together.



f. Partners:

Potential partners are invited to get in touch with Tesla Duo, by email at the following address (info@tesladuo.com), to organise the envisaged message.




5. Liability

Tesla Duo cannot be held liable in the case of force majeure or unforeseeable circumstances. The following particularly are considered as cases of force majeure, in addition to those habitually retained by case law and the courts: failures of the electric or telecommunication network, general or partial strikes whether internal or external to the parties, lock-outs, fire, storms, bad weather, floods, water damage, epidemics, wars, earthquakes, blockage of means of transport or sources of supply, loss of Internet connectivity due to operators of computer networks, shutdowns or incidents related to machines, explosions, blockage of telecommunications, including switched or digital networks, non-functioning of Users’ applications or equipment, the consequences of administrative or judicial decisions, normally foreseeable technical contingencies, and more generally any event or circumstance beyond reasonable control of the party concerned or not due to fault or negligence of that party, having the effect of preventing or delaying the execution by that party of obligations set down in this contract.

Except in the case of gross negligence, Tesla Duo cannot be held liable in the case of:



  • contamination of the User’s data and/or software by viruses; protection of these is the User’s responsibility;

  • incorrect programming or parameterisation of user applications other than the system administration service, maintaining the functions of applications, queries, content, damage to the correct operation of the system architecture;

  • installation of software by the User;

  • malware intrusion by third parties on Tesla Duo and/or in Tesla Duo’s electronic messaging service despite reasonable technical measures put in place by Tesla Duo;

  • the consequences of possible misappropriation of passwords, confidential codes, and more generally of any information that is sensitive for the User;

  • direct and/or consequential property damage, resulting or no from property damage and/or bodily injury, such as market injury, loss of orders, damage to trade image, commercial disorder of any kind, loss of profits for the User.


The Jobseeker is the only party responsible for the content of their application.



The Business is the only party responsible to the Jobseeker for the fulfilment or no of the agreed service, its payment and the quality thereof. Tesla Duo, in its capacity as host, cannot be held liable on this subject.



Tesla Duo does not interfere in the relations that develop between Users of the site.



Tesla Duo does not guarantee a minimum number of contacts for Jobseekers and cannot be held liable if this number is nil or deemed insufficient.



Tesla Duo does not interfere in the conclusion of a transaction, in the payment of a price, or in the provision of a service. Consequently, Tesla Duo cannot be held liable for the successful conclusion of a transaction, the honesty or the financial capacity of the Businesses.



Tesla Duo’s only objective is to put Jobseekers in contact with Businesses. Consequently, Tesla Duo cannot be held liable for the follow up that will be given to the Advertisements posted by Businesses or the responses posted by Jobseekers.



By accepting these General Terms, the Users unreservedly recognise that Tesla Duo has no obligation to achieve a result pertaining to the Advertisements published by the Businesses, nor to the responses given by Jobseekers to the Advertisements posted on Tesla Duo.



In addition, communication of personal data or of correspondence by the Users is done by the Users only and under their full responsibility.



Tesla Duo is not responsible for non-compliance with legal obligations related to the declaration of the Business to the competent authorities, nor for non-compliance of labour law. On this subject, it is reminded that Tesla Duo is the not the employer of the Jobseekers working for the Businesses and therefore has no obligation with regard to those workers concerning respect of labour law.



It is up to the Businesses to respect the legal obligations resulting from the provision of a service by a Jobseeker, particularly the declaration of the Business, payment of the service, mandatory administrative declarations, tax and social obligations resulting from fulfilment of the service.



Similarly, it is up to the Jobseeker to respect the legal and administrative obligations related to the service he provides and particularly, among others, his registration with Social Security.



Tesla Duo also refuses any liability for the content of the Advertisements published and for the behaviour of the Businesses. Indeed, given the relatively large number of advertisements posted on Tesla Duo, and the content published by Tesla Duo provided by the Users themselves, Tesla Duo, in its capacity as host, cannot be held liable for the truthfulness of the Advertisements, the quality of the services, the security or legitimacy of the services proposed, nor the terms or content of the messages and/or advertisements published. Any advertisement or message that appears not to respect the applicable law and regulations must be reported by Tesla Duo Users by email at the following address: info@tesladuo.com.




6. Abusive use

Tesla Duo makes an effort, within the limits of its possibilities, to identify and control the advertisements posted by previously registered Businesses. Tesla Duo Users can also help Tesla Duo do this job by reporting to Tesla Duo content that seems inappropriate or contrary to the law. To do so, Tesla Duo users can send an email to the following email address: info@tesladuo.com.

Although Tesla Duo cannot be held liable for inappropriate content, it reserves the right to limit access and to temporarily or definitively close access to the Tesla Duo site for any User who has infringed the rules limiting content as set down in article 4.b. of these General Terms.


7. Nominative and private data

Tesla Duo complies with the Belgian law of 8 December 1992 on the processing of private data for all data processing and collection carried out in Belgium via its internet site and recorded in its files.
 
Under this law, each User has the right to gain access to, be aware of and correct their data. The User also has the right to oppose without cost the use of their private data for direct marketing purposes. This access, information, correction and opposition by the User can be exercised by sending an email (info@tesladuo.com) or by writing to Tesla Duo, whose address is given above.
 
Tesla Duo is entitled to refuse its services at any time or to delete data in all or in part without prior notice.
 
Tesla Duo is hosted by the SPRL, Tesla Duo Group, governed by Belgian law, whose registered office is located at 367 avenue Louise in 1050 Brussels (Belgium) which also controls data processing. Maintenance of the servers is provided by (the company SAS OVH at 2 rue Kellermann, BP 80157, 59100 Roubaix, France), in their premises. These companies are responsible for processing your data. As long as Tesla Duo works with partners to supply it services, Tesla Duo can transfer your data to such partners insofar as this is necessary for the technical management and maintenance of Tesla Duo services.
 
Tesla Duo intends to develop its activities in other countries by giving access to data. Please note that the User agrees to allow their data to be used within the Tesla Duo Group.
 
The information collected by Tesla Duo has no purpose other than to better serve the Users.
 
The CVs and Advertisements can be kept in the Tesla Duo database even after the Advertisement has been filled.
 
Tesla Duo uses cookies to facilitate browsing on its site, to make it more pleasant and to display the content corresponding to Users’ needs and preferences.
 
In our log files, Tesla Duo collects and stores the Internet Protocol addresses (IP addresses) for a limited period of time, insofar as this is necessary for data security. Tesla Duo also uses IP addresses to create anonymous statistics, in order to measure the number of visitors on its website (traffic) and to calculate the number of clicks received at our partners’ websites, but Tesla Duo does not create individual user profiles nor link them to identifiable private information.
 
By means of the parameters on their Browser, the User always has the possibility to refuse the saving of cookies. However, in this case, some items on the Tesla Duo site may not function as they should, or potentially not work at all. Tesla Duo cannot be blamed for this.
 
Tesla Duo only stores private data that were entered by the User in their account. No other private data will be stored.
 
By using Tesla Duo, the User agrees to the collection, transfer, storage and use of their private information by Tesla Duo on servers located within the European Union. The User also agrees to receive messages of a promotional nature from Tesla Duo unless they indicate that they no longer wish to receive such promotions.
 
The Users’ electronic contact information can be used to send commercial messages by email on Tesla Duo products and services. If you do not wish to receive this type of email message, please contact: (info@tesladuo.com).
 
Tesla Duo uses coding of data (SSL) particularly to help Users protect the accuracy and safety of their private data and to prevent prohibited access or incorrect use by a third party.
 
SSL coding is activated if a symbol with a small padlock is displayed at the bottom of your browser and if the address begins with ’httpS://… ’. This means that the transfer of data is protected by SSL (Secure Socket Layer) with a 128-bit code, preventing any third party from gaining access to your data illegally. If the coding is not activated, you must be very cautious if you want to send confidential information via the Internet.
 

8. Intellectual property

Tesla Duo and all its elements are protected by current intellectual property rights. They are the exclusive property of Tesla Duo and/or third parties with whom Tesla Duo has agreements.

Any reproduction or public communication of logos, texts, photographs or other material published on Tesla Duo is strictly prohibited without prior express written authorisation from Tesla Duo.

Tesla Duo reserves the right to demand withdrawal of hypertext link referring Tesla Duo where the spirit of Tesla Duo is not respected.

Users, whether they be Jobseekers, Businesses or Partners, may post photographs or personal documents on Tesla Duo, the use of which may be limited or controlled by a copyright or other scheme. By accepting these General Terms, Users grant Tesla Duo authorisation to display these documents, to use them, to disseminate them, to reproduce them on any advertising medium, visual or audiovisual, free of charge and irrevocably.

Users cannot hold Tesla Duo liable should these documents be exploited by third parties for commercial or other purposes that infringe legislation on respect of works protected by copyright.

Similarly, no photograph, video or other content of any kind, shall infringe intellectual property rights belonging to someone else and posting a photograph or video or any other content supposes that the person who took the initiative has the necessary rights to do so. Users who communicated such content to Tesla Duo guarantee Tesla Duo against any action by third parties arguing that the material infringes their rights.

Users recognise that Tesla Duo is the producer of the database of job offers and holds exclusive rights to this database.

9. Proof:

The computer records saved in Tesla Duo’s computer systems under reasonable security conditions are deemed to be proof of communication.
 

10. Relation between the parties:

Tesla Duo and the Users are strictly independent parties. Each acts in their own name and on their own behalf. These General Terms do not create any connection, agency, partnership, joint enterprise, employer/employee relationship between the Jobseeker, the Business, the Partners and Tesla Duo.


11. Acceptance of the General Terms

These terms apply to any agreement concluded between Tesla Duo and the Users. They may be supplemented by special terms. Both Tesla Duo’s General Terms and special terms take precedence over the general terms or special terms of its co-contracting parties in case of a contradiction.
 
Should any clause or part of a clause of these general terms be void, this will not affect the other clauses or parts of clauses, and the clause or part of clause in question will be replaced by a valid provision with an equivalent effect insofar as possible.
 
These General Terms can be consulted from each of the Tesla Duo pages. If the User prefers, they can download them, print them and keep a copy.
 
These General Terms may change in the future. Users tacitly accept every modification by continuing to use and visit Tesla Duo. It is up to them to regularly consult the new General Terms.
 
Tesla Duo invites Jobseekers, Businesses and Partners to become familiar with the General Terms and to accept them by clicking on ‘I ACCEPT’ at the bottom of the General Terms in order to be able to create an account. If they do not do so, Jobseekers, Businesses and Partners will be unable to conclude a contract with Tesla Duo.
 
The fact that the User did not take notice of the General Terms in his mother tongue does not exempt them from their application. The General Terms are provided in three languages [English/French/Dutch].
 
A Business that wants to publish an Advertisement on Tesla Duo, declares that it has full legal capacity.
 

12. Applicable law and jurisdiction

These General Terms are governed by Belgian law. The parties accept that the Courts of Brussels have sole jurisdiction over any dispute concerning these General Terms.

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