GENERAL CONDITIONS OF USE XTRAMILE

1. Definitions

“Candidate”: Any person using the Xtramile services and/or the Website to search for a job, consult the job offers, apply for a job, or review Employers’ careers pages.

“Candidate Profile”: All the information entered online by the Candidate on the Website which concerns and relates to his/her profile and job search.

“Company” or “Xtramile”: a French limited liability company (SAS or Société par Actions Simplifiée) with an equity capital of 156,100.00 euros, headquartered 11 Rempart Saint Thiébault, 57000 METZ (France), registered with the Metz Companies and Trade Register (RCS) under the number 808 982 037.

“Email Address ”: the email contact address of Xtramile: contact@myxtramile.com .

“Employer”: Person or entity, registered on the Website in the Employers category, using the Website and/or the Services offered by Xtramile.

“Personal Data”: Any information relating to an individual identified or who can be identified, directly or indirectly, by reference of an identification number or to one or more elements of its own. To determine whether a person is identifiable, all means should be considered to allow for available identification or to access the controller or any other person.

“Referent”: Someone designated by the Employer and who is to be jointly responsible with the Employer for the password use for User Account access on the Website.

"Search Engine”: The integrated tool on the Website, property of Xtramile, which allows users of Xtramile services to facilitate on demand access to relative sources of information regarding job offers and job applications whether the User is a Candidate or Employer.

“Services: All services proposed by Xtramile to Users.

“Terms”: the present general terms and conditions of Use of Xtramile.

“User”: Defines any corporate body or individual registered on the Website, whether registered as a Candidate or as an Employer.

“User Account”: Whereby the User registers to the Website, he/she is enabled access to Xtramile Services.

“User Data”: All data (information, details, text, software, music, sound, photographs, graphics, video, etc…) that a Xtramile service User enters into the Website and which is necessary or useful for his/her job application.

“Website”: the following website, operated by the Xtramile and proposing online the Xtramile Services: www.myxtramile.com

2. Purpose and presentations of these Terms of Use

This document is intended to define the terms and conditions under which Xtramile provides its Website Users Services and secondly, the way in which the Users access the Website and use its Services.
Xtramile offers online Services accessible on the Website, allowing Employers to publish job listings on Facebook, Instagram, on Xtramile's Website and other social platforms. And also allowing Candidates to apply on the job offers posted on the social networks.

3. Acceptance and modifications of these Terms of Use

3.1. Acceptance

The Terms are published online by Xtramile on the Website. Every connection and subscription to the Website is subject to compliance and acceptance of the present terms and conditions of use. By acceptance of these Terms during registration, you acknowledge that you have read, fully understood and accepted these Terms. The Terms shall supersede any of the terms and conditions of any User.
For the User, the mere access to the Website implies full and irrevocable acceptance of all terms and conditions described herein. Employers are in addition subject to the Terms of Services for Employers, which are also available on the Website.

3.2. Modification

Xtramile reserves the right to modify, at any time without notice, the present Terms, to adapt them to changes in the Website and/or its Services and/or its operations. It is up to the User to frequently review the latest updates of these Terms.

3.3. Nullity of clause

The nullity of a contractual clause of these Terms does not invalidate the remaining of such Terms. Similarly, temporary or permanent non-application of one or more provisions of these Terms by Xtramile cannot amount to waiver of the other provisions of these Terms, which shall continue to apply.

4. Website availability

Xtramile strives to provide access to the Website around the clock, 7 days a week, except in cases of a force majeure event, or an event beyond the control of Xtramile, and subject to any breakdowns and operation maintenance necessary for the proper operation of the Website and Services. In addition, Xtramile may have to discontinue the Website or any of the Services at any time without notice, and all without any right to compensation. The User acknowledges and agrees that Xtramile is not responsible for interruptions and the consequences that may result for the User or any third party.
Xtramile’s liability does not include the case of inability to access the Website and/or use its Services.

5. Conditions of access and use of the Website and Xtramile Services

5.1 Necessary mediums to access the Website

The accession to the Website requires the possession of suitable computer equipment, software and suitable and secure internet connection.

Access to the Website and its optimal utilization need to have the following minimum technical requirements:
• The Website is optimized for 1024 x 768 pixel screen resolution,
• For browsers Internet Explorer 8 and superior, Chrome 32 and superior, Firefox 26 and   superior and Safari 5 and superior
• Connect to internet media (allowing access to the Website)
Therefore, Users are personally responsible for their choice of equipment and Internet connection. Therefore, in no case will Xtramile be held responsible for the consequences resulting from the installation and use of the User’s computer equipment and/or Internet browser.

5.2 Candidate’s minimum age

The Candidates must be at least 16 years old to register on the Website and to use the Xtramile Services.
If the Candidate is a minor, he/she must use the Website under the supervision of a parent, a legal guardian or another responsible adult, unless in the case of emancipation.

5.3. Website sign up

5.3.1. Modes of sign up

To benefit from the Services offered by Xtramile, it is necessary for each User to create and open a User Account on the Website. To do this, it is particularly required to provide certain information including a valid email address where the User will be sent a request to confirm his/her registration.
Once the inscription is confirmed by Xtramile, the User will have access to his/her User Account on the Website.
At any moment, a User can de-activate and/or delete his/her User Account& ; in that case, such User Account will no longer be accessible and the User will not be in the possibility to use the Services anymore.

However, even after a User will have deleted his/her User Account, copies of his/her information from his/her User Account related to these items can remain visible to the extent that they may have been shared with other Xtramile Users.
Only Employers can may see the Candidate Profiles: a Candidate does not have access to detailed information of other Candidates, and vice-versa.

5.3.2. Terms of use of offered Services

Users of the Services offered by Xtramile are required to and shall:
 Only create one User Account for one profile and do not create a User Account on behalf of another person without a written formal expressed authorization;
 not make commercial use of the elements, data and information published on the Website;
 not post, indicate or disseminate in any form whatsoever information or content other than what reflects reality;
 not make comments or distribute in any form whatsoever content, profiles, job offers or job requests contravening the rights of others or defamatory, insulting, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally any content contrary to the laws and regulations, persons rights or morality. In particular, photos and all information, data or files provided by Users must be decent and refer exclusively to the User or, if they relate to a third party, with the expressed permission and under the exclusive responsibility of the User concerned;
 not post, disseminate, or broadcast in any form whatsoever the information or content that has the effect of reducing, disorganizing, and/or preventing the normal use of the Services, interrupting and/or slowing down the normal circulation of communications between Users through the Services, such as software, viruses, mass mailing, etc. Xtramile reserves the right to delete mass messages sent by a User to preserve normal use of quality service to other Users;
 Not in any manner aggregate, copy or duplicate any content or available information on the Website, including expired jobs, unless authorized by the present Conditions ;
 use their passwords and / or IDs according to the strict purpose of authentication. In this regard, Users shall not, without this list being exhaustive, communicate, disseminate, share, make accessible, in any way whatsoever, passwords and / or IDs to any third party;
 Use the Services in accordance with the purpose is described in the Terms.

The breach by a User of any of his/her obligations opens the possibility for Xtramile, after having informed the User to temporarily suspend his/her access to the Website or to permanently terminate such access to the Website. In case of violation of the law or these Terms, Xtramile reserves the right to initiate legal proceedings, suits or claims against those responsible Users.

5.4 Unsubscribe

Candidates who desire to deactivate or delete their User Account shall send their request by email to the Email Address (contact@myxtramile.com) in specifying the email address used to register. Once de-activated or deleted, as the case may be, the User Account and all related User Data will be deleted from the Website within a reasonable period of time, and the User will receive a confirmation thereof from Xtramile via email. Such User can later re-register with the same email address if he/she wishes to do so.

For Employers, please refer to the Terms of Services for Employers.

6. Use and and property of the data base

Xtramile provides to its Candidates content, information and data, including information on companies and Employers. Xtramile provides to Employers access to a database of Candidates, including Candidates Profiles.
However, the information, database and all the content published or distributed by Xtramile are protected by copyright. The contractual authorization by Xtramile to use this database can not be interpreted as a license, an assignment, a sale or a transmission of intellectual property rights in any form whatsoever, on the database or the contents of such data base.

It is strictly forbidden for all Users to make one or more copy(s) of any or all of the elements making up the database and content for any commercial use.

7. Intellectual Property

7.1. Property rights linked to the Website

The Website is the property of Xtramile. The brand “Xtramile”, is a registered trademark of Xtramile. Any representation and/or reproduction and/or partial or total use of this mark of any kind, is completely prohibited. The domain name “myxtramile.com” is also the sole property of Xtramile, and cannot be used by anyone without the prior express written approval of Xtramile.

The general structure of the Website is also the sole property of Xtramile. In addition, unless otherwise agreed or acknowledged, the texts, graphics, images, sounds, data and & nbsp; video components, are the property of Xtramile and / or its partners. Any representation and / or reproduction and / or partial or total use of content and Services offered by the Website, by any means whatsoever, without the prior written authorization of Xtramile and / or its partners is strictly prohibited and would likely constitute an intellectual property infringement under relevant applicable laws.

7.2. The Search Engine

The Website principally consists of the Search Engine allowing Users of Xtramile Services to get online free access to targeted information and data in accordance with the purpose of the Website and customized to the User, whether it is a Candidate or an Employer.
This Search Engine is based on details and information posted by the Xtramile Services Users on the Website. However, this tool is by no means based according to criteria based on the origin, political conviction, religion, belief, trade union membership, health, age, sex etc. of the Website Users.

7.3. Content provided by Users

Each User assumes sole responsibility of the elements, User Data and information communicated or published in his/her User Account on the Website. He/She must therefore ensure that such User Data and information published by him on the Website fully respect property rights (including without limitation intellectual property rights) of third parties.

Each User grants Xtramile a limited license to use the intellectual property rights attached to the content it provides for dissemination and publication on the Website. This limited license includes the right for Xtramile to reproduce, adapt, translate, scan, use, publish to promote and develop the Services offered by Xtramile and/or the Website.

The User agrees not to copy, reproduce, or use the content relating to other Users other than for the strict needs of using the Services of the Website and for its intended purpose unless the contents are listed on a public accessible part of the Website.
If Xtramile becomes informed of illicit nature, illegal content provided by a User on the Website, after notifying to the concerned User, such content may be removed without delay and such User Account might be provisionally suspended or permanently terminated, which will forbid such User any further access to the Website.

8. Hypertext links

The Website may contain hypertext links to other sites on the Internet. Links to these other resources may cause a User to leave the Website. Xtramile does not endorse the contents and cannot be associated in any way to these other sites. The hypertext links to other websites do not engage the responsibility or liability of Xtramile, particularly as regards to the content of such other sites.

A User can include in its User data a link to the presentation page of this Website without express authorization from Xtramile. No prior authorization or request for information can be required by Xtramile in respect to a site that wants to establish a link to the Xtramile site. This Website should be displayed in a new browser window. However, Xtramile reserves the right to request removal of a link that it considers inconsistent with the purpose of the Xtramile Website.

9. Protection, processing of Personal Data and respect for privacy

9.1 Legalization

Xtramile meets the most stringent European and French standards of protection of privacy and Personal Data and has been declared to the French authority for personal data protection (National Commission for Information et Libertés - CNIL) under the number 1925567 v 0.

9.2 Collected Personal Data and their use

The creation by a User of an User Account requires collecting a number of Personal Data during registration and completion of the User Profile. Personal Data collected on the Website enables Xtramile to benefit from the Users of the services of that Website, with the aim of optimizing the professional interactions. To this aim, it is therefore strongly advised to the Users to regularly update their Personal Data and profile.
Xtramile reserves the right to transmit the contents of Personal Data included into a User Account, particularly in the context of compliance with a legal obligation, a request for a judicial/public authority or pursuant to a litigation procedure.

9.3. Security and conservation of collected Personal Data

Xtramile constantly works to ensure that the security of collected Users’ Personal Data is ensured. However, it is the User’s responsibility to use secure internet connections and use all hardware and/or software that allows to ensure that degree of security. Xtramile cannot ensure complete data security. You can send us any security breach of your Personal Data at the Email Address (contact@myxtramile.com).
All Personal Data collected at registration, constitution and/or changing a User Account is retained by Xtramile. Archiving of this data is made ​​on a reliable and durable support so as to constitute a true and durable copy in accordance with legal requirements.
At anytime, the User has a right of access, modification, rectification and deletion of Personal Data provided on the Website. Any such demand shall be sent to the Email Address (contact@myxtramile.com).
To allow optimum management of the servers and/or the Website, the accounts of Users that have not been connected for more than twelve (12) consecutive months will be systematically removed.

9.4. Cookies

Xtramile uses cookies on the Website, which are designed to store information identifying the User during consultation of the Website, in order to avoid having to enter the information manually for each viewed page. Users, however, have the possibility of preventing the use of cookies by modifying the options of their Internet browsing software. On this point, see the changing boards of these options depending on the browser, available in the “Your traces” of the site of the French authority of protection of personal data (CNIL):www.cnil.fr.

10. Liability and warranty

10.1. Users’ Liability

To use the Website and the Services provided by Xtramile, Users must have the skills, hardware and software required for Internet use and acknowledge that the characteristics and constraints of the Internet does not guarantee security, availability and the integrity of data transmissions during transit over the Internet.
Xtramile does not guarantee that the Website and/or its Services will function if the User’s Internet provider proves defective in fulfilling its own services.

Under these conditions, Xtramile is not responsible for non-functioning, an inability to access the Website or Services, or bad conditions of use of the Website due to inadequate equipment, internal malfunctions of the User’s access provider, to Internet network congestion, and for any other reasons beyond the Xtramile.

The information provided by the Users to Xtramile must be accurate and conform to reality. The consequences of the disclosure of such information are the sole responsibility of the concerned User. The User takes the initiative to divulge and to disseminate Personal Data via the Website. Accordingly, he waives all claims, demands, actions or suits against Xtramile, particularly on the basis of any possible infringement of his image rights, honor, reputation, resulting from the dissemination or disclosure of information, provided that the User previously freely and explicitly consented to such disclosure by virtue of its registration on the Website.

Users are solely responsible for the use he/she makes of the Services and the Website, and more generally any use or operation made ​​from his/her User Account and its profile.

The User acknowledges that Xtramile does not exercise a priori control over such content and data, and it has no general obligation to monitor data and content stored by Users and distributed via the Website.
Users are solely responsible with regard to Xtramile, and, where applicable, any third party for any damages, direct or indirect, of any nature whatsoever caused by information or other content item released by them, transmitted or distributed by them during any use of the Services, and any failure on its part to any of these Terms.

10.2. Xtramile Company Liability

Xtramile is committed to provide the Services in accordance with these Terms.

Xtramile does not verify the accuracy of the information provided by the User(s) and disclaims any responsibility for the inaccuracy, inadequacy or illegality of such information.

Xtramile shall not, under any circumstances, be held responsible for data, information and / or content provided by a User, or not accessible to the public, the lack of veracity of the said data, information or contents, errors or omissions that they could include, as well as damages resulting from the use of any content provided by a User, posted or transmitted by electronic mail or any other ways, via the Website.

Xtramile has no general obligation to monitor data and content provided by Users neither is it required to delete content(s) which do not appear manifestly illegal, notwithstanding his/her description.
In no event will Xtramile be held liable for any consequences that may occur during or after meetings or contacts made between several Users and non-users following the use of the Website and Services. Xtramile has no obligation regarding the result of one being offered a job.

Xtramile reserves the right at any time and without notice, to modify any information contained on the Website as part of its update or correction of errors or inaccuracies.

Xtramile is not responsible for the content of third party websites to which hyperlinks refer on the Website.

Notwithstanding any other terms or conditions of these Terms, and to the fullest extent permitted by applicable law Xtramile shall not be held responsible or liable against any User, whatever the reasons, whether in contract or in tort, for direct or indirect damages, consequential damages, (including loss of opportunity or loss of profit) or punitive damages suffered by any such User.

Notwithstanding any other terms or conditions of these Terms, and to the fullest extent permitted by applicable law and to the extent that Xtramile would be considered liable for damage not covered above, responsibility of Xtramile will be limited to certain damages, actual and/or established, and in any case to Eur 250 per claim.

Notwithstanding any other terms or conditions of these Terms, and to the fullest extent permitted by law, in no event will Xtramile be responsible for any indirect, incidental, consequential damages (including loss of profit or loss of opportunity), shortfall or other damage arising from loss of data or loss of operation caused by the use or inability to use the Website, Services or any content, whether based on warranty, contract or tort or under any other legal theory, whether or not advised of the possibility of such damages.

11. Governing law and dispute settlements

These Terms and the relationship between Users and Xtramile are exclusively governed by French law, whatever the place of access or use of the Website and/or Services.
In case of any dispute concerning the interpretation, the execution and/or implementation of any provision of these Terms and after the failure of all attempts at finding an amicable solution, the French courts located in Metz (France) will have exclusive jurisdiction to hear the case under the jurisdiction of attribution rules applicable in the matter.

12. Contact details

For questions concerning these Terms or use of the Website, users can write and send an email to the Email Address (contact@myxtramile.com) or send a postal mail to the following address:
Xtramile 
11 Rempart Saint Thiébault, 
57000 Metz (FRANCE)