Terms And Conditions
Carefully read these Terms & Conditions before using the e-recruitment provided by LFZ Consulting or made available by LFZ NEW TECH (a private consulting and recruiting firm) incorporated under the laws of Luxembourg and registered with the Luxembourg Business Registers (LBR) under number No.LU 25870167, and LFZ NEW TECH registered in France under the number SIRET 88456611800011 whose registered office are at 33 - 39 Rue du puits Romain, L8070 Bertrange, LUXEMBOURG and 10, rue de Penthièvre, 75008 Paris (LFZ); such e-recruitment services and any other services and features (including products, websites, mobile applications, software or other technologies and content) offered or made available by LFZ are hereinafter referred to as "LFZ Services".
By accessing the LFZ Services, you (the "Applicant" or " Client") accept and agree to become bound by the terms and conditions outlined in the Terms & Conditions. If you do not accept the policies or do not understand any information set forth therein, do not use the LFZ Services.
By accepting the Terms & Conditions you acknowledge that you entirely understand the Policies and any information set forth therein and you certify that you are over fifteen (15) years old (or if applicable any higher age required in your country of residence to use LFZ).
2. LFZ’s commercial activities
LFZ offers human resource applications and consulting allowing you to make use of the LFZ Services to submit job or consultant applicants (whether spontaneously and general or for a specific job or consultant position advertised by a client) via the LFZ Services with a client ("Application") while at the same time providing client with e-recruitment services and features (e.g. the possibility to post ads, and receive Applications analysed by LFZ ) which allow to create a detailed employability profile of Applicants and to determine by recourse to NLP which Applicants are suited for a job or consultant position with such client.
In the Terms & Conditions, unless the context otherwise requires:
- a reference to a document is a reference to that document as modified or replaced from time to time.
- a reference to a person shall include any LFZ Partners corporation, or any corporate body wherever incorporated.
- words importing the singular shall be treated as importing the plural and vice-versa.
- any heading, caption, or section title contained in the Policies is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any inconsistency between the Policies and other agreements, the Policies shall prevail to the extent of the inconsistency.
4. Use of the LFZ Partners Services
As long as you agree to and comply with the Terms & Conditions, LFZ grants to you a personal, non commercial, non-exclusive, non-transferable, non-sublicensable, and limited right to access and use the LFZ Services under the conditions outlined in the Terms & Conditions.
Depending on your country of residence, you may not be able to use all the functions of the LFZ Services. It is therefore your responsibility to know and abide by the differing rules and laws in your own country of residence and/or the country from which you access the LFZ Services.
4.2. Important information: LFZ Partners & Clients’ discretion & Consulting’ discretion
Please note that LFZ Partners does exercise some control or command though its administration module, on any content, information, or data introduced, exchanged, published, disseminated, or otherwise made available to you by clients in the course of your use of the LFZ Partners Services or by LFZ consulting ou LFZ New Tech directly.
But on the other with LFZ Partners, the candidate or the consultant can validate his experiences, diplomas, and certifications by sending an email through the platform www.lfzpartners.com after having created his login and completed his profile. The email can only be sent once and there are alerts from the start (message in red). The mail sent, can never been recalled and cancelled.
Please also note that, notwithstanding the advantages of the LFZ Partners Services, the final decision of the client to hire or to not hire an Applicant (candidate or consultant) always remains at the client’s sole and exclusive discretion and responsibility. LFZ shall not be held responsible for any decision taken by the client.
Under no circumstances or grounds, LFZ may be considered as being a party to an Application, a contract entered into by an Applicant and a client , any communication made via the LFZ Services, or any related disputes between you and the client. As such, LFZ Partners shall not be liable for or concerning any Application or Job Contract (either concluded or not concluded) or any performance, or payment thereunder.
In term of recruitment, the resume is never sent to the client with the name of the candidate and without the agreement of him. It always remains anonymous.
In term of consulting, the resume is never sent to the client with the name of the consultant and without the agreement of him (if the consultant is a contractor). It always remains anonymous.
4.3. General conditions
All the missions accepted by LFZ Partners are subject to the present "General Conditions". In case of conflict with other conditions, these "General Conditions" shall prevail, unless LFZ consulting or LFZ NEW TECH expressly accepts the client's conditions on a written document.
The client shall pay LFZ partners 's fees or invoices as outlined in his contract addendum, which is an integral part of this Agreement. The fees are calculated according to the rate or amount retained by LFZ partners, plus VAT, or other equivalent taxes.
If the candidate or the consultant presented by LFZ Partners is not retained by the client or if he/she rejects the employment offer (or collaboration) made by the client and is subsequently employed by (or collaborates with) the Client within 12 months from the date of sending the CV to the client, the client shall pay the fees provided for to LFZ Partners.
If the client introduces a candidate LFZ Partners selected for him, to another person or LFZ partners, and if the candidate is employed by (or collaborates with) this person or LFZ partners within 12 months from the date of the first presentation of the candidate's CV to the client, the client shall pay the fees provided for to LFZ Partners.
If for a given assignment, the client decides to hire (or collaborate with) several of the candidates presented by LFZ Partners, instead of one as contractually agreed, the client shall pay LFZ partners the fees or the invoice corresponding to each of the candidates thus placed or corresponding to each of the consultants, per the terms and conditions set forth.
The Client undertakes to inform LFZ Partners of the occurrence of any hiring of a candidate(s) per these terms and conditions within 15 days, and particularly, the terms of the employment contract approved by the successful candidate(s).
In case of recruitment, The Client shall bear the transportation and other expenses incurred by the Candidate(s) transportation to an interview at The Client's premises.
The Client shall arrange for all medical examinations and take all necessary steps for the candidate to obtain a work permit or other authorization. Furthermore, The Client shall ensure that he is in full compliance with the applicable labour legislation.
LFZ Partners will endeavour to ensure the suitability of the candidates presented to The Client and maintain a high quality of service and integrity, but it does not expressly or implicitly guarantee the suitability of the candidates presented to The Client.
LFZ Partners shall not be liable to The Client for any damages, losses, costs, claims, or expenses incurred or sustained by The Client as a result of the recruitment or hiring of the candidates.
LFZ Partners will put in its best efforts to fulfill the terms of the contract but is not committed to the result.
In the event of The Client’s delay of the payment of an invoice issued by LFZ Partners (LFZ Consulting and LFZ New Tech) under this Agreement, LFZ shall be entitled to demand payment of the interest due, provided that such late payment is not caused by a fault of LFZ or by an event of force majeure
Attributive clause of competence: all the litigations relating to the application of the present contract will be of the exclusive competence of the court in force.
If a candidate terminates the contract within the trial period following the signature of the work agreement, the conditions defined in the rider will apply.
4.4. Unlawful & prohibited use
You shall not use the LFZ PARTNERS Partners Services for any purpose other than your own personal and non commercial use and you expressly accept to not submit any information or Application for any other person or to assist others in doing so without such person’s express prior consent. Besides any internal action, LFZ Partners or the Client may take, such as the deletion of the information or Application submitted, LFZ Partners may also elect to take further action against you, including any possible claim for damages.
You shall in particular not access or use the LFZ Partners Services:
- for any purpose that is unlawful or prohibited by the Policies.
- in violation of any applicable laws, or of the Policies
- in any manner that could damage, disable, overburden, or impair the LFZ Partners infrastructure (e.g. the LFZ Partners servers or its IT material)
- to perform a criminal activity
- to obtain or attempt to obtain any materials or information by any means not intentionally made available to you by LFZ Partners or the Client.
- make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source codes of any software protected by LFZ Partners’s intellectual property rights.
5. Intellectual property
5.1. Ownership, Names, Images & Logos
Unless specifically stipulated otherwise, all materials related or relating to LFZ Partners or otherwise promoted by LFZ Partners are the property of LFZ Partners and are protected by copyright, trademark, and other applicable laws.
LFZ Partners holds and reserves all intellectual property right concerning the LFZ Partners Services, such as the trademarks, service marks, and logos of LFZ Partners and all other content and materials, in particular names, images, logos, software, text, graphics, data, prices, trades, charts, graphs, video and audio (whatever may be their format), relating to or identifying LFZ Partners in whatsoever form (e.g. text, graphic, images, audio, video, HTML code, buttons, trademarks, software, logos).
The provisions enshrined in the foregoing paragraphs of this section apply identically to third parties and/or their products including their services.
Except as expressly authorized in the Terms & Conditions, you must not, and must not permit, allow or help any other person to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or otherwise distribute the LFZ Partners Services in any form or by any means, whatsoever.
You must in particular not:
- use the LFZ Partners Services for any other purposes than your purely personal purposes (e.g. you must not allow a third party to access or otherwise use LFZ Partners for any competitive analysis, commercial, professional, or other for-profit purposes)
- copy the LFZ Partners Services
- modify, adapt, or create derivative works of LFZ Partners
- offer, rent, lease, loan, resell, transfer, sublicense or distribute the LFZ Partners Services to others
- decompile, disassemble or reverse-engineer the LFZ Partners Services or otherwise attempt to derive any software source code, algorithms, methods, or techniques used or embodied in any of the features offered by LFZ Partners
- disclose to any third party the results of any benchmark tests or any other evaluation of the LFZ Services
- remove, alter, obscure, cover or change any intellectual property right, trademark, copyright, or other proprietary notices, labels or markings from or relating to the LFZ Partners Services.
Any violation of this Section consists of a material breach of the Terms & Conditions and shall, without prejudice to any other legal action LFZ may take (in particular LFZ Partners’s right to claim damages), entail the right for LFZ Partners to suspend and terminate without notice or any other formality the provision of any service to you.
By using the LFZ Partners Services:
- you remain entirely, solely, and exclusively responsible and liable for any content, information, or data introduced, exchanged, published disseminated, requested, or made available or otherwise submitted by you via the LFZ Partners Services (“Applicant Content” or “Employer Content”). You shall only submit accurate information, correct, complete, reliable, and not misleading and you shall update your Personal Data immediately if it changes or is inaccurate;
- you warrant that you hold all necessary rights to publish submit and/or transmit any Applicant Content.
No warranty is given that this web application shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. LFZ Partners does in particular not warrant that it will operate the LFZ Partners Services in a manner that is error-free, virus-free, bug-free, or in an uninterrupted, timely, secure, accurate, complete, or compatible with your equipment or electronic communications facilities.
LFZ Partners does, to the largest extend permitted by law, not warrant that the LFZ Partners Services meet your requirements or expectations or that it will fit any particular purpose. LFZ Partners does in particular, not provide any warranty as regards the successful securing of a job or consultant position with a Client.
Any and all further warranties, not expressly outlined in the Policies are formally excluded.
7. Termination and Suspension
You may terminate your use of the LFZ Partners Services, immediately and at any time, without reason and recourse to the courts, by sending an email to email@example.com.
LFZ is entitled to terminate or to temporally suspend the provision of LFZ Partners (including your Job Application), without reason and recourse to courts, by written notice sent to you via e-mail. LFZ Partners shall, in particular, be entitled to permanently delete any Applicant Content or any Employer content, or to prohibit you from accessing and using the LFZ Partners Services, in particular in the event:
- of a violation by you of Section 4 of the Terms & Conditions (Unlawful & prohibited use);
- of a violation by the Applicant of Section 5 of the Terms & Conditions (Intellectual property);
- you or your Applicant Content or your Employer content represent a threat, in particular from a technical and IT point of view, for the security of the LFZ Partners Services, LFZ Partners, other LFZ Partners users, or third parties.
Any violation or infringement by the Client (i) of its obligations when dealing with LFZ Partners or (ii) of the rights of either LFZ Partners, you, or any third party (such as any unlawful dissemination of Applicant Content) shall constitute a material breach of the Client’s obligations which may lead to the termination or suspension of any contract or agreement between LFZ Partners and such Client. As a consequence, the termination or suspension of any contract or agreement between LFZ Partners shall allow LFZ Partners – without any right to indemnification for you – to withdraw and delete any Applicant Content submitted to such Client, in whole or in part.
8. Exclusion of Liability
To the largest extent permitted by law, LFZ Partners shall only be liable for gross negligence or willful misconduct, and in no circumstances shall such liability exceed a total amount of thousand euros (1.000 EUR).
LFZ Partners shall, to the largest extend permitted by law, in particular not be held responsible or liable for:
- any loss or damage, of whatsoever nature and in particular possible discrimination, arising out or being related to the use of the LFZ Partners Services;
- any loss or damage, of whatsoever nature, arising out or being related to the Client’s decision to hire or to not hire an Applicant, including any decision taken by the Client on the basis of the LFZ Partners Services or being related to the performance of a Job Contract (either concluded or not concluded or any performance or payment thereunder).
You shall, to the largest extent permitted by law, defend, indemnify, and hold LFZ Partners , including any member of the LFZ Partners corporate family, its partners, its managers, affiliates and/or employees ("LFZ Affiliates"), harmless from and against any action, claim, suit, proceeding, loss, liability, damage, cost or expense (including, without limitations, any legal fees) arising out of or related to your use of the LFZ Partners Services or violation by you of your obligations under the Policies, whether directly or indirectly.
In the event LFZ receives any action, claim, suit, proceeding, loss, liability, damage, cost, or expense from a third party as specified above, LFZ reserves the right (i) to discontinue your access and/or use of the LFZ Partners Services and (ii) to block or delete all or part of your Applicant Content or your Employer content.
10. Data protection
11. NLP: Natural Language Processing
Programming languages are written specifically for machines to understand. Our human languages are not; NLP enables clearer human-to-machine communication, without the need for the human to “speak” Java, Python, or any other programming language.
Natural Language Processing (NLP) is a set of tools that allow machines to extract information from text or speech. It is a core technology that enables virtual assistants to process your verbal and written queries and respond with some degree of accuracy.
NLP is how a machine derives meaning from a language it does not natively understand – “natural,” or human, languages such as English or French – and takes some subsequent action accordingly. NLP is widely considered a subset of machine learning and both fall under the larger umbrella category of artificial intelligence.
LFZ Partners uses NLP to process candidates’ resumes and documents more effectively to provide the most accurate analysis.
12. No advice
For the avoidance of doubt, LFZ Partners does not provide any advice in connection with or related to your use of the LFZ Partners Services (in particular your Applicant Content or your Employer content).
Any decision to submit an Application or any Applicant Content you choose to submit via the LFZ Partners Services is exclusively your decision and LFZ will not be liable for any loss or damage suffered in relation thereto.
13. Age limit
You shall only access and use the LFZ Services if you are over fifteen (15) years old (or, if applicable, any higher age required in your country of residence).
14. Availability and modification of the Terms & Conditions
The Terms & Conditions have been made available to you prior to your use of the LFZ Partners Services (in particular before you submitted an Application) and remain available on the website of LFZ Partners.
LFZ Partners reserves the right to revise, change, modify, update, supplement, add or remove portions of the Terms & Conditions, at any time, in an exercise of its sole discretion. When LFZ Partners makes such changes to the Terms & Conditions, LFZ Partners will notify such changes to you by making the amended Terms & Conditions available on its website (“amended Terms & Conditions").
It is your responsibility to review the amended Terms & Conditions.
Your continued use of the LFZ Partners Services after the notification of such changes, or the absence of any objection thereto, constitutes your acceptance of the amended Terms & Conditions, meaning that all actions after the notification of such changes, of whatsoever nature, will thus be governed to the amended Terms & Conditions.
15. Contact LFZ
If you have any questions or complaint relating to the Policies or the LFZ Partners Services or any other matter, please contact firstname.lastname@example.org.
The use of LFZ Partners is personal to you and you may not assign any of your rights and obligations under the Terms & Conditions to any other party.
LFZ Partners may, in particular in case of acquisition or merger, freely assign any of its rights and obligations under the Policies to any other party.
Except specifically stipulated otherwise, the Policies shall supersede any and all prior or contemporaneous written or oral agreements between the Parties concerning such subject matter.
Except specifically stipulated otherwise, no failure or delay of LFZ Partners or LFZ Partners Affiliates to exercise any right or remedy under these Policies shall be considered as a waiver of such right or remedy, or any other right or remedy under the Policies.
No waiver is effective unless it is given in writing.
Any notice by or to LFZ Partners and any notice by and to you in connection with the Policies must be served first and foremost by using the messaging facility on the Website or by sending an email to email@example.com. Such notice shall be considered as equivalent to paper documents, including for evidence purposes.
You or LFZ Partners may however also serve a notice by fax, hand delivery, post, or courier. In such a case, any notice to LFZ Partners must be served at LFZ Partners’s address
( LFZ Consulting or LFZ New Tech) .
LFZ Partners will serve any such notice to you at your email address, or any other address indicated in your Application or otherwise available to LFZ Partners.
If any provision of the Policies is found to be invalid, unlawful, or unenforceable, then such provision shall be severed from the Policies, and the legality, validity, or enforceability of the remainder of the Policies shall not be affected. In such case, you shall immediately negotiate in good faith a valid replacement provision with LFZ Partners, which is as close as possible to the original intention of the severed provision and has the same or a similar economic effect.
17. Applicable law & Jurisdiction
The provision of the LFZ Partners Services and the Policies are governed by and construed under the laws of the Grand-Duchy of Luxembourg, excluding to the largest extent legally permitted by law any provisions of Luxembourg private international law as well as any provision of law that would result in the application of the law of a different jurisdiction. This shall be without prejudice to the protection of the mandatory provisions of the law of another Member State of the European Union that would be applicable in the absence of the present paragraph.
Any disputes arising from or being related to the provision of the LFZ Partners Services or being related to the Policies shall be submitted to the jurisdiction of the Courts of the district of Luxembourg-City (Grand-Duchy of Luxembourg).