SmarTalents is a web platform, accessible at the address https://www.smartalents.net (the "Site") operated by DigiSmartHR Consulting, a SARL company with a share capital of 100 euros having its registered office located at 16 rue Cuvier 69006 LYON, registered in the Lyon trade and companies register under identification number 889362463 whose intra-community VAT number is FR66889362463 (the "Company"). Said platform is dedicated to the sale of digital Services and Solutions for human resources. 

The purpose of these General Terms of Use (the "Terms" or taken together, the "Agreement") is to define the terms and conditions governing the relationship between Users and the Company. These Terms constitute a contractual agreement for an indefinite period from the acceptance by the User of this Agreement.  

The User undertakes during each of his visits to the Site to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, he is nevertheless personally bound by this Contract.  

Preliminary Article – Definitions and Rules of Interpretation 

Unless otherwise defined in this Agreement, capitalized terms and expressions used herein shall have the following meanings: 

• “Item(s)” means any item offered for sale on the Site by the Company;
• “Condition(s)” has the meaning ascribed to it in the Preliminary Statement;
• “Contract” has the meaning ascribed to it in the Preliminary Statement;
• “Service(s)” means the service(s) offered by the Company on the Site as referred to in Article 2;
• “Company” has the meaning ascribed to it in the Preliminary Statement;
• “Site” has the meaning ascribed to it in the Preliminary Statement;
  
• “User” means any natural or legal person using the Site.

Article 1 – Eligibility for Services – Account Creation 

1.1. Eligibility for Services 

To be eligible for the Services, the User must be a natural person who has reached the age of 18 and has full legal capacity. Use of the Services is limited to personal needs only, excluding any professional use. 

1.2. Account creation 

Creating a member account on the Site is a mandatory prerequisite for using the Services. It requires completing the registration form, available on the Site, by providing accurate, up-to-date and complete information. This information must subsequently be regularly updated by the User in order to maintain its accuracy.   

The User will have to choose a username, a valid email and a password. 

The access codes to the User account are strictly confidential. In the event of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User must inform the Company without delay. 

Each User agrees to create only one account corresponding to their profile. 

Article 2 – The Services 

On the Site, several services are offered to Users (the “Service(s)”) including in particular the acquisition of Articles by any User meeting the applicable eligibility conditions. 

The general conditions of sale of the Articles appearing on the Site govern the orders placed on the Site. The User is required to fully understand them before placing any order. 

Article 3 – Use of the Site 

3.1. Right of access to the Site 

The Company, under these Terms, grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services and the Site on a strictly personal basis. Any use of the Site contrary to its intended purpose is strictly prohibited and constitutes a breach of these provisions.  

Use of the Site, web or mobile, requires a connection and an internet browser.  

All hardware and software required to access the Site and use the Services remain the sole responsibility of the User.  

The Company reserves the right to suspend, modify, replace, refuse access to or delete User accounts at its discretion.  

3.2. User Obligations  

Users are prohibited from: 

1. to transmit, publish, distribute, record or destroy any material, in particular the contents of the Site, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
2. to create fictitious profiles;
3. providing inaccurate information in the form or failing to update it regularly;
4. to disseminate data, information or content of a defamatory, abusive, obscene, offensive, violent or inciting violence, or of a political, racist or xenophobic nature and, in general, any content which would be contrary to the laws and regulations in force or to good morals;
5. to reference or create links to any content or information available from the Company's sites, except with the express, written and prior consent of the Company;
6. to obtain passwords or personal identification data from other Users;
7. to use information, content or any data present on the Site in order to offer a service considered, at the sole discretion of the Company, to be competitive with the Site;
8. to sell, exchange or monetize information, content or any data present on the Site or service offered by the Site, without the express written consent of the Company;
9. to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of any underlying intellectual property used to provide any part of the Services; 
10. to use any manual or automated software or device, coding robot or other means to access, crawl, retrieve or index any page of the Site;
11. to endanger or attempt to endanger the security of any Company website. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;
12. to counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of the Company;
13. to simulate the appearance or operation of the Site, for example by using a mirror effect;
14. to disrupt or interfere, directly or indirectly, with the Site or the Services, or impose a disproportionately large load on the Site's infrastructure or attempt to transmit or activate computer viruses through or on the Site.

It is recalled that violations of system or network security may lead to civil and criminal prosecution. The Company verifies the absence of such violations and may call upon the judicial authorities to prosecute, where appropriate, Users who have participated in such violations. 

Users undertake to use the Site fairly, in accordance with its purpose and with legal and regulatory provisions, these Conditions and current practices.  

Article 4 – Use of the Site’s content 

All content on the Site, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others belong to the Company, which is the sole owner of all intellectual property rights relating thereto.  

Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by the Company, by any process whatsoever, without the prior written authorization of the Company, is strictly prohibited and could give rise to legal proceedings. 

Article 5 – Personal data 

5.1. Data collected 

In order to allow any User to take full advantage of the Services and features of the Site, the Company collects various data. It is recalled that by registering on the Site, the User expressly accepts that this data is collected, regardless of the country from which he connects.  

This data is collected at different times and using various methods: 

• When registering on the Site: Contact form;
• When placing any order for Articles: Contact form;
• Log files and Internet Protocol (IP) address: The Company receives, each time the User connects to the Site, the link to the site from which the User arrived and the one to which he or she is going when he or she leaves the Site. The Company also receives the User's Internet Protocol (IP) address or certain information relating to the operating system of his or her computer or Internet browser;
• Cookies: The Company uses cookies which can be defined as text files that can be saved in a terminal when consulting an online service with browser software. A cookie file allows its issuer, during its period of validity not exceeding 12 months, to recognize the terminal concerned each time that terminal accesses digital content containing cookies from the same issuer. It is nevertheless possible to deactivate the use of cookies by modifying the User's preferences in their internet browser. In this case, certain features of the Site may no longer work.
  

5.2. Retention of collected data 

Personal data is stored by the Company on its servers, for processing in the context of the use of the Services. It is kept for as long as necessary for the provision of the Services and functions offered by the Site. Consequently, as long as a User has a member account, the data collected will be kept. In the event of unsubscription from the Site or in the event of inactivity of the User's member account for a period of 3 years, the data collected will be deleted by the Company and only kept as an archive for the purpose of establishing proof of a right or contract that may be archived in accordance with the provisions of the French Commercial Code relating to the retention period of books and documents created during commercial activities and the French Consumer Code relating to the retention of contracts concluded electronically. 

The User always remains the owner of the information concerning him that he transmits to the Company. In accordance with Law No. 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, he has a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for just reasons.  

The User may exercise his rights by writing to the following email address: [email protected] or at the following postal address: 16 rue Cuvier 69006 Lyon. 

A response to the User's request will be sent to him/her within 2 working days. 

5.3. Purposes of collecting the data collected 

Personal data is collected from Users in order to (i) allow the User to take full advantage of the Services and functions offered by the Site, (ii) prevent any fraud, (iii) for statistical purposes and/or (iv) within the framework of commercial agreements with Merchants as explained below. 

This data may be communicated by the Company to any third party responsible for the execution, processing and management of the Services. 

However, in various cases, the Company may disclose or share a User's personal data with any other third parties, including: 

• with the User's consent;
• to comply with applicable law, regulations, legal proceedings, court orders or other mandatory disclosure requirements; or
• to protect the rights, property or safety of the Site, its members or the public.

Article 6 – Liability 

6.1. Use of the Site  

The role of the Company is limited to the technical provision of the Services to Users.  

The User is solely responsible for the consequences of using the Site.  

The User is required to ensure that his use of the Site complies with the legal and regulatory provisions as well as the General Conditions. The Company gives no guarantee to the User as to the conformity of the use of the Site, which he makes or plans to make, with the national or international legal and regulatory provisions. 

The User is warned of technical hazards and interruptions of access that may occur on the Site. Consequently, the Company cannot be held responsible for the unavailability or slowdowns of the Services.  

All information, advice and guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be taken by the User.  

The User must not in any case consider as acquired the said information and data of the Site but must independently verify all such information and data. The Company cannot therefore be held responsible for the consequences of the use of the data and information displayed on the Site.  

6.2. Data  

The Company has no general obligation to monitor data and content imported by Users, nor any obligation to delete content that does not appear to be manifestly illicit, notwithstanding its reporting.  

The User undertakes not to enter content likely to undermine public order or morality, to provoke protests from third parties, or to contravene the legal provisions in force. 

Consequently, it is expressly agreed that in the event that the Company is sued, in any capacity whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial and/or intellectual property right relating to an element provided by a User, this User undertakes to fully guarantee the Company against the direct and/or indirect economic and financial consequences (including procedural and defense costs) which may arise from these claims. 

It is recalled that the data published by Users and the information shared by them may be captured and used by other Users or third parties. In this sense, the Company does not guarantee respect for the ownership of this data; it is the User's responsibility to take all necessary measures to preserve the ownership of their data.  

The User must ensure that the data is sent to the Site and may not blame the Company on any grounds and for any reason whatsoever for the non-receipt or loss of the data transmitted. The User will then ensure that a backup of the data transmitted is kept.  

6.3. General provisions 

In any event, the Company may not under any circumstances be held liable for indirect or unforeseeable losses or damages suffered by Users or third parties, which includes in particular any lost profits, inaccuracy or corruption of files or data or loss of opportunity linked in any way and on any basis whatsoever to this Contract. 

The Company shall not be liable for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of French courts and tribunals. 

Article 7 – Termination – Modification of Services 

The User may terminate this Agreement at any time by visiting the Site and following the procedure provided for this purpose. It is recalled that once a User's member account is closed, the data transmitted and all data generated will be destroyed by the Company. 

The Company reserves the right to restrict, suspend or delete, without notice or refund, the account of any User who uses the Services abusively or inappropriately. The assessment of the User's behavior is reserved to the Company's sole discretion.  

The Company is free to terminate or modify the terms of Services at any time. The Services offered free of charge shall not give rise to any obligation on the part of the Company. 

Article 8 – Proof agreement 

The computer systems and files are authentic in the relations between the Company and the User.  

Thus, the Company may validly produce in the context of any procedure, for the purposes of proof, data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated by the Company, on all digital or analog media, and rely on them except in the event of manifest error. 

Article 9 – Miscellaneous provisions 

9.1. Indivisibility of the Contract 

The fact that any provision of the Agreement is or becomes illegal or unenforceable will not in any way affect the validity or enforceability of the other provisions of the Agreement. 

9.2. Modification of the Contract 

The Company reserves the right to modify, supplement or replace these Conditions. In the event of the User's refusal of the new provisions, it is recalled that the User may at any time, in accordance with Article 7 (Termination), terminate this Agreement. 

Article 10 – Dispute Resolution 

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the User's country of origin or the country from which the User accesses the Site and notwithstanding the principles of conflicts of laws.  

In the event that a dispute concerning the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants. 

The User is informed that he may in any event resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute. 

In any event, the User may contact the Company, free of charge, at the following email address: [email protected] or by phone (cost of a local call): .

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Legal Notices 

DigiSmartHR Consulting 

Company SARL with capital of 100 euros 

Head office: 16 rue Cuvier 69006 LYON 

Individual tax identification number (intra-community VAT): FR66889362463 

Telephone line:  

889362463 RCS Lyon 

The site is hosted by: GoDaddy  

Address : [email protected] 

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