Terms and Conditions of Use
Article 1: Legal Information and Purpose of these Terms of Use
The purpose of these Terms of Use is to define the conditions of use of the websites https://www.ebtrans.com/en/home/ and https://ebtrans.nous-recrutons.fr/ (hereinafter the “Website(s)”) published and operated by the Luxembourg-based company E.B. Trans SA – whose complete contact details are available by clicking here: https://www.ebtrans.com/en/legal-notice/ (hereinafter “EBTrans”).
EBTrans reserves the right to modify these Terms of Use at any time.
Article 2: Definitions
For the purposes of these Terms of Use, the capitalized terms, whether used in the singular or plural, have the following meanings:
- Recruitment Candidate(s): Refers to any natural person of legal age and capacity, who is not subject to any legal, regulatory, or contractual prohibition and/or restriction preventing them from benefiting from the Recruitment Services;
- Terms of Use (CGU): Refers to these terms and conditions of use;
- Personal Data: Refers to the personal data of the User within the meaning of Regulation (EU) 2016/679 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation or GDPR) collected and processed by EBTrans in the context of browsing the Website, and where applicable, the provision of Services, under the conditions and terms defined in the Privacy Policy;
- EBTrans: Refers to the company E.B. Trans SA, a Luxembourg-based company, whose registered office is located at 6 avenue de l’Europe, L-4802 Lamadelaine, Luxembourg, with registration number B 38 281.
- Group: Refers to all companies within the EB Trans group, including the company EBTrans and its subsidiaries.
- User(s): Refers to all internet users, visitors to the Website, whether they are Recruitment Candidates or not;
- Privacy Policy: Refers to the privacy and Personal Data protection policy implemented by EBTrans and accessible by clicking here.
here [ Privacy Policy], which is an integral part of these Terms of Use;
- Services: Refers to the features and services as defined in Article 4 made available to Users and accessible from the Website;
- Recruitment Services: Refers to the features and services related to the provision of job offers and the recruitment process for new employees, as described in Article 4 made available to Users and accessible from the Website;
- Website(s): Refers to the Website(s) published by E.B. Trans SA, accessible notably via the URL links https://www.ebtrans.com/ and https://ebtrans.nous-recrutons.fr/;
Article 3: Scope, Acceptance, and Modification of the Terms of Use
The Terms of Use aim to define the conditions under which Users may access the Website and benefit from the Services.
Accessing or using all or part of the Website implies the unconditional acceptance of these Terms of Use by the User.
As these Terms of Use may be subject to modifications, the applicable conditions are those in effect and accessible on the Website at the time of the User’s access.
Article 4: Description of the Services
EBTrans makes available to Users, through its Website, access to a number of Services designed to allow them, in particular, to benefit from editorial content related to the activities of the Group’s companies and to contact them.
EBTrans also offers, via its Website, Recruitment Services, which allow the User to freely access the Group’s job offers, and enable any Recruitment Candidate to apply for these offers or submit an unsolicited application via the designated form.
All the Services provided by EBTrans and made available to the User are detailed on the Website.
Article 5: Access and availability of the Services
EBTrans makes its best efforts to keep its Website available 24 hours a day, 7 days a week, regardless of maintenance operations on the Website.
However, EBTrans reserves the right to interrupt access to all or part of the Website or Services for maintenance and/or improvement work. These interruptions to the Services and/or Website will, to the extent possible, be notified to the User in advance, particularly by displaying an alert message on the Website. In case of emergency, EBTrans nonetheless reserves the right to partially or fully suspend, for a reasonable period of time, all or part of the Services and/or Website to conduct any required technical operation. These interruptions to the Services and/or Website will not entitle the User to any compensation, even if they occur during the application process for a job offer or an unsolicited application.
In this regard, EBTrans is subject to an obligation of means
Article 6: Guarantees – Responsibilities
By accessing the Site, the Internet user declares, guarantees and undertakes to:
- Access and use the Website and/or Services in good faith, reasonably, and in accordance with the terms of these Terms of Use;
- Do not use devices or software other than those provided by EBTrans intended to i) affect or attempt to affect the proper functioning of the Website and/or Services ii) or extract, modify, view, even in cache or temporary memory, or for individualized use, all or part of the Website and/or Services;
- Do not access and/or use the Website and/or Services for illegal purposes and/or to harm the reputation and/or image of EBTrans, the Group, and/or other Users, or more generally to infringe the rights, including intellectual property rights, of EBTrans, the Group, and/or third parties, including other Users;
- Do not commercially exploit, directly or indirectly, the Services and/or access to the Services and/or the Website;
- Do not reuse or exploit all or part of the Website and/or Services for commercial and/or collective purposes and/or for personal use in a form and/or medium not authorized by EBTrans;
- Do not reproduce or represent all or part of the Website and/or Services for private purposes beyond the legal exceptions provided, particularly by the Intellectual Property Code, or for direct or indirect commercialization, particularly with third parties;
- Do not limit access to and use of the Website and/or Services;
Do not modify, including in cache or temporary memory, any mention or element of the Website and/or Services; - Ensure that the use of the Website and/or Services does not affect or compromise the stability, security, and quality of the Website and/or Services, networks, bandwidth, or infrastructures of EBTrans, the Group, and/or third parties;
- Do not violate the provisions of Articles 323-1 to 323-7 of the French Penal Code, which penalize so-called “hacking” practices.
Article 7: Advertising
EBTrans reserves the right to broadcast advertising or promotional messages on the Site, including within the framework of the Services.
Article 8: Limitation of liability
The User is solely responsible for their use of the Website, as well as the Services they access from the Website.
EBTrans shall in no case be held liable in the context of any proceedings brought against the User for non-compliant use of the Website and/or Services.
The User acknowledges and agrees that they will personally handle any claim or legal action brought against EBTrans due to their non-compliant use of the Services and/or the Website.
The Website may contain hyperlinks leading to third-party websites.
In this regard, considering the transient nature of the content that may be published on third-party websites to which these hyperlinks point, EBTrans cannot be held liable if the content of such third-party websites violates applicable legal and/or regulatory provisions.
In any case, EBTrans cannot be held responsible for:
- In the event of unavailability of the Services due to reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including the User’s, for any reason whatsoever, including strikes, storms, earthquakes, or any other cause exhibiting the characteristics of force majeure;
- In the event of the use of the Website and/or the Services by any User in a manner that does not comply with the terms of these Terms of Use;
- Within the limits of applicable law, for any indirect damage, including but not limited to loss of profit, data, or any other loss of intangible assets, even if EBTrans has been informed of the potential for such damages, arising (i) from the use or inability to use the Website and/or Services (ii) following unauthorized access to the Website and/or Services by the User.
EBTrans cannot be held responsible for any malfunction of any kind related to the User’s computer hardware as well as their Internet connection when accessing the Website and, more generally, the Services.
In particular, EBTrans cannot guarantee the User against issues related to the speed of access to the Website and/or Services and/or the speed of buffering on the User’s computer that they may encounter.
Article 9: Force majeure
EBTrans’ liability cannot be sought if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by the case law of French courts and Article 1351 of the Civil Code, including natural disasters, fires, malfunction or interruption of telecommunications or electricity networks.
Article 10: Intellectual Property
10.1: Copyright on the Site
EBTrans is the holder or licensee of the intellectual property rights related to both the general structure of the Site and its content (texts, slogans, graphics, images, videos, photos, programs, and other content). Therefore, any representation, reproduction, modification, alteration, and/or total or partial exploitation of the Site and/or Services, by any means and on any medium, without the express and prior authorization of EBTrans, is prohibited and constitutes acts of copyright infringement.
Similarly, any unauthorized use of the Site and/or Services will engage the civil and criminal liability of the User on the grounds of copyright infringement.
The User acknowledges and agrees that access to the Site and/or the Services provided by EBTrans does not imply any transfer or concession of intellectual property rights (including copyrights) and other personal rights (such as the right to one’s image and the right to privacy) to the User.
Access to the Site and the Services is strictly limited to the private and personal use of the User within the conditions and limits defined in these CGUs.
10.2: Distinctive signs
The trademarks, logos, corporate names, acronyms, trade names, signs, and/or domain names of EBTrans, the Group, and/or their business partners mentioned on the Site, made available by EBTrans on the Site, constitute distinctive signs that cannot be used without the express and prior authorization of their holder.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of corporate names, trade names, and domain names, engaging the civil liability of its author.
10.3: Hypertext links
Hyperlinks accessible on the Site and/or within the framework of the Services, leading to other websites and, generally, to any resources existing on the Internet, shall not engage the responsibility of EBTrans.
The Internaut cannot, under any circumstances, set up hyperlinks to deep pages of the Site, providing access to the Services, using any technical process aimed at extracting all or part of the content of the Services made available by EBTrans.
The “framing” technique is prohibited, unless expressly authorized in advance by EBTrans.
10.4: Databases
The Internaut irrevocably acknowledges that the Site and the Services, including the structure and/or arrangement of job offers by EBTrans, consist of one or more databases made available to the Internauts by EBTrans as the producer of said databases under the provisions of Articles L.341-1 and following of the Intellectual Property Code.
As a result, in accordance with the provisions of Article L. 342-1 of the same Code, the Internaut is prohibited from:
- The permanent or temporary extraction of all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Site and/or the Services, including the structure and/or the arrangement of job offers proposed by the Group, onto another medium, by any means and in any form, including for the purpose of use or consultation by a media and/or method(s) not authorized by EBTrans;
- The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Site and/or the Services, including the structure and/or arrangement of job offers proposed by the Group, in any form, including through a hyperlink, media, and/or method(s) not authorized by EBTrans;
- The constitution, editing, maintenance, updating, importing, exporting, provision to third parties, whether free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more databases of EBTrans;
- Viewing on a screen by any other method or media than those by which EBTrans intends to disclose the Site and Services, including the structure and/or arrangement of job offers proposed by the Group;
- In general, any extraction, use, storage, reproduction, representation, or retention, directly or indirectly, partially or totally, including in temporary or cached memory, qualitatively or quantitatively substantial, of the content of one or more of EBTrans’s databases, committed by any of the methods referred to above is strictly prohibited, including through a media not authorized by EBTrans.
10.5: Content of the Services
The Internaut acknowledges and agrees that access to the Site and the Services made available to them by EBTrans does not imply any transfer or concession of intellectual property rights (including copyright) and other rights in their favor.
The Internaut acknowledges and agrees that the private and personal use granted to them by EBTrans, with regard to access to its Services, specifically excludes access to the Services for the purpose of collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether for free or for a fee, of all or part of the Site, the Services, and their content.
Article 11: Right to image
The images of individuals appearing on the Site, provided by EBTrans on the Site, are protected by the right to image and therefore cannot be used without the express and prior consent of these individuals.
Any representation and/or reproduction and/or exploitation, whether partial or total, of the image of individuals is prohibited and constitutes an infringement of the right to image, engaging the civil liability of the author.
Article 12: Protection
The Personal Data of the User are processed in accordance with the Group’s Privacy Policy, which can be accessed by clicking here [Insert hyperlink to the Privacy Policy].
Article 13: Assistance – Complaint
For any information, inquiry, or claim of a technical nature or related to the Services, the User is invited to send their request to the following email address: contact@ebtrans.com.
They can also contact EBTrans’s customer service at the following number: +33 (0)1 42 61 07 89, during the following days and hours: Monday to Friday from [To be completed] to [To be completed], excluding public holidays.
Article 14: Miscellaneous provisions
14.1: Correspondence – Proof
Unless otherwise specified in these Terms of Use, correspondence exchanged between EBTrans and the User is primarily conducted by email. In accordance with Articles 1366 and following of the French Civil Code, the User acknowledges and accepts that the information provided by EBTrans via email and/or the Services and/or the Website shall be considered valid between them and EBTrans. Elements such as the time of receipt or transmission, as well as the quality of the data received, will take precedence as they appear on the aforementioned media or as authenticated by EBTrans’s computerized procedures, unless the User provides written proof to the contrary. The evidential value of the information delivered by the Website is equivalent to that of an original written document, signed by hand.
14.2: Entirety of the T&Cs
These Terms of Use express the entirety of the obligations of EBTrans and the User regarding their subject matter. The failure of either party to enforce a breach by the other party of any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
14.3: Partial Invalidity
Dans l’hypothèse où une ou plusieurs stipulations des présentes CGU seraient considérées comme nulles, réputées non écrites ou déclarées comme telles en application d’une loi, d’un règlement ou à la suite d’une décision d’une juridiction compétente ayant autorité de la chose jugée en dernier ressort, les autres stipulations garderont toute leur force et leur portée et resteront pleinement applicable, sauf si la ou les stipulations non valides présentaient un caractère substantiel et que leur disparition remettait en cause l’équilibre contractuel.
14.4: Titles
In case of difficulties in interpretation between one of the headings at the beginning of the sections of these Terms of Use and one of the clauses, the headings shall be deemed non-existent.
Article 15: Applicable law and dispute resolution.
These Terms of Use are governed by French law.
In case of a dispute that may arise in relation to these Terms of Use, their interpretation and consequences, or with acts complementing or modifying them, the User should contact EBTrans to seek an amicable solution. Any claim made to EBTrans must be in writing.
If no amicable resolution is reached, the User may choose to bring their claim before the competent French courts.
These Terms of Use were last updated on February 21, 2025.
