Last Updated: 1 February 2022
1. INTRODUCTION TO THESE TERMS OF USE (“Terms”)
1.1 Important Notice. These Terms, together with our Privacy Policy (collectively, “Agreement”), govern your access to and use of this website, Ecoservicesinternational.com (this “Site”), and all products and services available thereon.
1.2 Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CAN NOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
1.3 About our Services.
Our agencies spread throughout France are at your service and coordinate the local ECO SERVICES teams. We thus ensure you a great reactivity and a personalization of our services according to your local challenges and needs.
We strive to build and develop a relationship of trust with our customers every day. This relationship of trust requires listening and transparency, and above all our ability to keep our commitments. This helps us to achieve the objectives set and to increase your satisfaction.
1.4 About us. You are entering into this Agreement with ECO SERVICES INTERNATIONAL LIMITED, 6 Rue Conseil National de la Resistance, 91700 Fleury Merogis.
1.5 You, as a party to this Agreement. When we refer to “you” we mean, you, if you are a visitor to our Site, a Professional Individual whose details appear in our Prospects Database, or you are a User, making use of our Services. Specifically:
(a) ‘User’ means you, if you are a person acting in a business capacity who has created an Account with us for the purposes of using our Services.
(b) ‘Professional Individual’ means you, if you are an individual who we have collected information about (including some personal data) from various public sources on the web, in order to index those individuals in our Prospects Database to enable the individual’s publicly available contact information to be made available to our Users.
(c) ’Site Visitor’ means you, if you are not considered a User, but are any other person who is accessing or otherwise making use of our Services, including this Site (including a Professional Individual). If you are a Professional Individual and you visit our Site for any reason (for example to view any Professional Profile or our contact information page), the provisions throughout these terms related to Site Visitors are deemed to also apply to you in that context.
(d) ‘Applicant’ means you if you are a Site Visitor who submits an application through our Services for a Listing, as described in more detail in clause 8.
1.6 Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.
1.7 Changes. WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE. Your continued use of any Services shall constitute your continued acceptance of applicable Terms.
1.8 Additional terms relevant to Users. We may enter into additional agreements with you for bespoke or customized products or services, and the terms of those B2B agreements will apply in addition to these general terms when you are accessing or using our Services.
1.9 Publicly indexed content. Any content that our Site has indexed from publicly available information, much like other search engines, is not within our direct control as we do not host that content. If your data is controlled by third parties and indexed by us, you will need to contact the original source of that data.
2. PROVIDING OUR SERVICES TO YOU
2.1 Applicable to Users. Our Services are available to Users, in a business capacity. If you are a business professional purporting to represent an entity or organization in this agreement, you thus warrant and assert through your creation of an account or use of any Services, that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).
2.2 Right to alter, suspend or discontinue the Services. We may alter, modify, suspend or discontinue the Site, Services, or any part thereof at any time.
2.3 No guarantee. No guarantee. Nothing in these Terms or within any content of the Services, or communication with us, should be deemed to imply any guarantee or promise of successful hiring or employment of any kind. We do not endorse any specific recruiter, employers or candidates.
2.4 Right to refuse. We have the right to refuse access, service or disable User accounts on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
2.5 Errors. You understand that the Site may contain typographical errors or other inaccuracies and that you are not relying on any statement made on the Site, Services or in communications when making decisions on your use of the Services.
3. USER ACCOUNTS
3.1 Users will require to create an account to enjoy the Services. All personal data will be handled in accordance with our privacy policy. You should keep your account details private and secure.
3.2 Your account is for your use only for the Permitted Purpose (see 4.1 below to understand what this means). You may not authorize others to use your account or attempt to use another user’s account without first obtaining their consent. you must not assign or otherwise transfer your account to any other person or entity.
3.3 You are solely responsible for your own actions and those of anyone using your account, and you assume all liability regarding any account activities through the Services and your or anyone using your account’s interactions with us, our personnel, or any other User, Site Visitor, Professional Individual or Applicant of the Services.
3.4 You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service and we do not warrant that the Services will be compatible with any and all devices you may be using to access the Services.
3.5 You are solely responsible for ensuring that your account, and any use of the Prospects Database, Tools, or Services, is in compliance with any applicable privacy laws and regulations.
4. YOUR USE OF THE SERVICES
4.1 Site Visitors, Professional Individuals and Applicants are permitted to use the Services for personal purposes only, and Users are permitted to use the Services for your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by mispresenting the Services as your own, or by selling access to the Services or any content derived therefrom, to any third party or otherwise distributing it, sharing it, displaying it or creating derivative works or aggregating such data) (collectively, “Permitted Purpose”).
4.2 Subject to the provisions of these Terms, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-assignable, fully revocable license to use the Services (including installing any Tools if so applicable) solely for the Permitted Purposes.
4.3 Where a User uses the Tools or otherwise uploads any person’s data or other such content to the Service (“Uploaded Data”), you are doing so with the understanding that the additional warranties at clause 4.4 apply to you, and that you are granting to us a perpetual, irrevocable, worldwide royalty free licence to access and use the User Data for our own commercial purposes including making available, copying, displaying, publishing, distributing or otherwise using the Uploaded Data for our own commercial gain in any way we choose to, at all times in compliance with any applicable laws, and to create derivative works, share, sublicence and otherwise make commercial for profit use of the Uploaded Data in compliance with any applicable laws.
4.4 If you, as a User submit any Uploaded Data to our Services, you hereby warrant and represent that you (a) are acting in compliance with all applicable privacy and data laws worldwide in the event that the Uploaded Data contains any ‘Personal Data’ (as defined in the General Data Protection Regulation (GDPR) or equivalent applicable law) including obtaining all relevant consents and approvals from any individual to which the Personal Data relates; and (b) will not upload any information relating to (i) any person age 17 and under; or (ii) any person of any age’s medical or financial history. You agree to provide evidence of any such consents if so requested. In the event of any enquiry by any person to which the data may relate, if we are required to respond in accordance with any applicable data laws, you may be identified as the source of such data and you understand, accept and agree that we may release your information for such purposes to any individual or regulatory authority exercising rights under any applicable data laws.
5. THIRD PARTY CONTENT.
5.1 In addition to User-generated Uploaded Data, the Services may feature content created or uploaded by other persons, Site Visitors, Applicants, Professional Individuals or Users (“Third Party Content”), or the Site may link to content hosted by third parties. This is particularly important because we index publicly available information and will not have control over any such content.
5.2 We do not conduct any criminal or other identity checks on any person, nor do we involve ourselves in any disputes between you and any other person including a User (unless such dispute involves us being required by law or court order to take steps to remove content for example, in an intellectual property dispute). We are not responsible for anything that you do or say on the site, and we do not systematically monitor the content of the Site. However, if you post something in any area of the Services which allows users to post content, or in any communications with us, and we receive a complaint from a user or third party, or have our own concerns with such content, we have the right to remove it if we believe it is in violation of any law or breaches these Terms of Use, or our Privacy Policy.
5.3 Disclaimer of liability. We assume no responsibility for, the content, privacy policies, or practices of any User, or Third Party Content. In addition, our Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party network, User Generated Content (as defined in clause 6), Uploaded Data or Third Party Content. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any terms of use provided by any third party network.
6. USER GENERATED CONTENT
6.1 Your warranties regarding your User Content. Certain areas of this Site, or through the Services however accessible, may permit you to submit content, including any Uploaded Data, which we reference here as “User Content”). When choosing to create any User Content, you are warranting and representing (in addition to the warranties laid out elsewhere in these Terms) that:
- you are solely responsible for the User Content
- you own all rights in your User Content (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to both use the User Content on our Site, and to grant to us the rights under the license under this clause 6;
- You have paid and will pay in full all acquisition fees, rights holder fees, license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
- No part of your User Content infringes the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- Any information contained in your User Content is accurate and is not false or misleading; or
- Your User Content does not (i) violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (ii) incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own, unless it is Uploaded Data and complies with all warranties hereunder); or (iii) contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.
6.2 You further acknowledge, understand and agree that:
- User Content is not considered to be either confidential, or proprietary information;
- We do not guarantee that you will be able to edit or delete any User Content after you have submitted it;
- We are not responsible for any loss, theft, or damage of any kind to any User Content. Further, you agree that we may freely disclose your User Content to any third party absent any obligation of confidence on the part of the recipient (at all times in compliance with our Privacy Policy where any User Content contains any legally protected personal data).
6.3 By sharing User Content, submitting it to the Site, the Services or otherwise making it available to us via the Site or Services, you grant to us an irrevocable, perpetual, transferable, non-exclusive, worldwide, royalty-free license (which may be further sub-licensable to multiple sub-licensees without restriction) to use, perform, and process your User Content (or any modification thereto, or portion thereof), in whole or in part, in any format or medium now known or later developed for any purpose (including without limitation, commercial for-profit purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service. You voluntarily agree to waive all “moral rights” that you may have in your User Content under any applicable laws.
18. INDEMNITY BY YOU
18.1 You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of your, or anyone using your account’s: (i) use of or inability to use the Services, (ii) any content or information posted using your account, (iii) violation of these Terms, (iv) violation of any rights of a third party, or (iv) violation of any applicable laws, rules or regulations.
18.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right and all other terms of indemnification will continue to apply. This indemnity shall survive termination or expiration of this agreement.
19. MISCELLANEOUS PROVISIONS
19.1 Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
19.2 Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
19.3 Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
19.4 Entire agreement. These Terms, and any documents to which these Terms refer, such as our Privacy Policy, constitute a legally binding contract that governs the relationship between us and you. This agreement supersedes any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us and you. In accordance with clause 1.8, any business to business relationships will be governed additionally by the terms of any supplemental B2B agreement we enter into with your company.
19.5 Governing law and jurisdiction. These Terms will be governed by the laws of England and Wales. Any disputes relating to these Terms, or the Services to which they relate, will be heard exclusively in the courts located in England, UK.
19.6 Language. These Terms are written in the English language and any proceedings relating to these documents and any related dispute shall be conducted in English. If we make these documents available in any other language, the terms in the English language version shall prevail.