Summary
- ARTICLE 1. DEFINITIONS
- ARTICLE 2. PURPOSE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE
- ARTICLE 3. ORDERING SERVICES
- ARTICLE 4. PRICE AND PAYMENT
- ARTICLE 5. RETRACTION
- ARTICLE 6. DURATION - TERMINATION
- ARTICLE 7. DOTWORLD'S OBLIGATIONS
- ARTICLE 8. OBLIGATIONS OF THE CUSTOMER
- ARTICLE 9. ACCESS TO SERVICES
- ARTICLE 10. INTELLECTUAL PROPERTY
- ARTICLE 11. PERSONAL DATA
- ARTICLE 12. APPLICABLE LAW AND DISPUTES
- ARTICLE 13. MISCELLANEOUS PROVISIONS
Terms and Conditions
IMPORTANT: Please read these terms and conditions carefully: they define the terms and conditions of use of our services and of sale applicable when you place an order on the makemycv.com website.
ARTICLE 1. DEFINITIONS
The terms defined below, in both the singular and plural, shall have the following meaning in these General Terms and Conditions of Use and Sale:
Customer: any natural person of legal age, having the capacity to contract and having the status of consumer within the meaning of the preliminary article of the French Consumer Code, who orders Services on the Website under the conditions defined below.
General Terms and Conditions of Use and Sale or GTC : the present general terms and conditions applicable between DOTWORLD and the Customer, which the Customer declares to accept when ordering Services, and which govern the use of the Internet Site and the sale and supply of Services.
Customer Content: data and elements provided by the Customer to DOTWORLD with a view to using the Services, in particular their integration into the Generated Content.
Generated Content: documents generated by the use of the Services, in particular CVs and/or cover letters, based on the Templates and Customer Content.
Template: any standard template or outline of documents, in particular CVs and/or cover letters, produced by DOTWORLD into which Customer Content will be integrated with a view to creating Generated Content as part of the provision of Services.
Service: any service offered by DOTWORLD on the Website, in particular the provision of the online CV and cover letter creation tool and the supply of Generated Content, personalized on the basis of Customer Content.
Website: infrastructure accessible at makemycv.com, owned and operated by DOTWORLD.
DOTWORLD: DOTWORLD SA, a limited liability company incorporated under Swiss law, whose registered office is c/o Multifiduciaire Léman SA Place de la Riponne 3 - 1005 Lausanne, registered under the unique identification number CH-550.1.161.731-3.
ARTICLE 2. PURPOSE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE
These General Terms and Conditions of Use and Sale define the rights and obligations of DOTWORLD and the Customer, applicable to the ordering and provision of Services. The order and use of the Services are subject to acceptance of and compliance with these General Terms and Conditions of Use and Sale.
The Customer's unreserved acceptance of these General Terms and Conditions of Use and Sale will consist in checking the corresponding box at the time of payment. These General Terms and Conditions of Use and Sale are permanently accessible on the Website, in a format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them. The General Conditions of Use and Sale will also be communicated to the Customer for information in PDF format with the order confirmation.
DOTWORLD reserves the right to modify the General Terms and Conditions of Use and Sale. The General Terms and Conditions of Use and Sale applicable shall be those in force and accepted by the Customer at the time of ordering.
ARTICLE 3. ORDERING SERVICES
The Customer must fill in the form with the information requested. The personal data provided by the Customer will be processed in accordance with the Privacy Policy.
The Customer undertakes to provide accurate information. DOTWORLD shall not be held liable if the Customer provides false information that makes it impossible for DOTWORLD to perform its obligations, in particular the proper provision of Services.
The account will be accessible by means of the login (the Customer must enter his/her e-mail address, which will trigger the sending of an e-mail to containing a link enabling him/her to log in) chosen by the Customer at the time of registration. In the event of suspicion of fraudulent use of the Customer's login, the Customer must immediately inform DOTWORLD.
The Customer is solely responsible for the use of his or her login by third parties, and hereby indemnifies DOTWORLD against any claims and/or actions based on the use, fraudulent or otherwise, of his or her login. In order to prevent fraudulent use of his login, the Customer (and his users) undertakes to choose a password for his e-mail address which provides a high level of security in accordance with current standards and recommendations (8 characters, with upper and lower case letters, numbers and special characters), which he undertakes not to communicate or share with third parties.
Selection of Services and offers: in order to place an order via the Website, the Customer must select the Services he/she wishes to purchase by adding them to the basket.
In accordance with articles L111-1 et seq. of the French Consumer Code, the characteristics of the Services are detailed on the pages of the Website relating to each Service.
In particular, the Services offered allow the creation and downloading of Content generated on the makemycv.com website, in PDF format and, where applicable, any other format offered by DOTWORLD on the Website, for the duration of the subscription to the Services. Any other Services will be detailed on the Internet Site.
The terms and conditions for subscribing to the Services (offers) are as follows, and are detailed on the Website:
- Monthly subscription giving access to the Services, at the rate indicated ;
- Annual subscription giving access to the Services, at the rate indicated ;
- No Subscription: access to Services for a fixed period payable in a single instalment (for example, one or three months);
- Offer with trial period / 14 days unlimited access ("satisfied or reimbursed"): access to Services for a fixed period (unless otherwise stated, of 14 days) during which the Customer may terminate the subscription and obtain reimbursement of his order by contacting DOTWORLD. Failing this, the contract will automatically continue for a fixed or indefinite period, depending on the offer chosen.
In general, trial or discovery offers for the Services of varying duration may be proposed on the Website, on a temporary or non-temporary basis. Unless otherwise indicated, these trial offers, or satisfied or reimbursed offers, will be subject to the present GTC and will be limited to a single registration (same IP (Internet Protocol) address and/or same e-mail address) whatever the trial or discovery offer.
As a temporary promotional measure, DOTWORLD may offer the Services free of charge at any time and for the duration of its choice.
Whichever method is chosen, the Customer is informed that he/she is limited to 20 Generated Contents available. When this limit is reached, the Customer must delete previously generated Content in order to be able to generate new Generated Content.
Once the chosen offer has been selected, the customer can click on "Continue" to finalize the order.
Ordering Services: the Customer will be redirected to the shopping basket, where he/she will find a summary of the Services selected and the price. Unless already logged in, the Customer must create an account or log in if he/she already has one.
The Customer may modify his order by returning to the previous page.
The customer will be asked to accept the GTC and to check the information provided, the offer and the price. They must then complete their payment details and click on "Get your CV" or "Get your letter" to finalize their order.
The Customer will receive a confirmation e-mail containing the details of his/her order at the address given by the Customer when registering on the Website.
Access to the Services only becomes effective when DOTWORLD sends the confirmation e-mail referred to in the paragraph above. DOTWORLD recommends that the Customer retain this e-mail and/or print it out.
DOTWORLD reserves the right to cancel any order from a Customer with whom there is a dispute over payment of a previous order.
ARTICLE 4. PRICE AND PAYMENT
The selling prices of the Services are freely determined by DOTWORLD and may be changed at any time. The price applicable will be that of the day of the order.
If the VAT rate changes, DOTWORLD will automatically apply the new rate to the order.
Payment: the price is payable in cash when the order is placed, by credit card, Google pay, via the Stripe payment service form integrated into the Website.
The Customer guarantees that he/she is fully authorized to use the means of payment and that he/she has sufficient funds to cover the costs of the order. Any bank charges associated with credit card payments shall be borne by the Customer. Under no circumstances may DOTWORLD be held liable for fraudulent use of the customer's bank card or bank account, unless the customer is at fault.
ARTICLE 5. RETRACTION
In accordance with the provisions of article L 221-18 of the French Consumer Code, the customer has in principle a period of 14 (fourteen) days to exercise his right of withdrawal. For contracts for the provision of services, this period runs from the date of conclusion of the contract.
In accordance with the provisions of article L. 221-28 of the French Consumer Code, the Customer expressly acknowledges and accepts (i) that the provision of Services begins immediately after their subscription, when the Content generated at the time the order is subscribed is downloaded, i.e. before the end of the fourteen-day period stipulated by the French Consumer Code, and (ii) consequently acknowledges and accepts that he/she waives and does not benefit from the right of withdrawal. Consequently, no request for retraction, cancellation or refund will be accepted for the period subscribed to under these provisions.
ARTICLE 6. DURATION - TERMINATION
Subscription to a fixed-term access: access to the Services is valid for the period indicated in the order, applicable from the date of subscription, and is non-renewable.
Subscription with no commitment: the contract is concluded at the time of order, for an indefinite period, until terminated by the Customer or DOTWORLD. In the absence of cancellation, the monthly price of the services will be due each month on the anniversary date of the order.
The Customer may terminate the contract from his account on the Website by clicking on "Settings" and then "Terminate subscription". Insofar as the price corresponds to a monthly rate, the Customer may continue to benefit from the Services and the termination will be effective at the end of the current month.
Subscription with "trial" period (satisfied or reimbursed): the contract is concluded when the order is placed for the duration of the trial period. During this period, the customer may cancel the order and obtain reimbursement of the price paid for the trial period subscription. In the absence of cancellation during this period, the contract will continue for the duration indicated in the order, i.e. in accordance with the terms set out above (fixed-term or subscription).
Early termination: in the event of a party breaching the provisions of the General Terms and Conditions of Use and Sale, the complaining party may terminate the contract, automatically, by operation of law and without any formality, 10 (ten) days after notification by e-mail which has remained without effect or, as the case may be, immediately if the alleged breach is not capable of remedy.
In particular, in the event of non-payment of the price indicated in the order, in particular for a subscription, DOTWORLD may suspend access to the Internet Site and Services pending payment of the sums due.
Consequences of termination and deletion of the Customer account: termination of the contract, for whatever reason, will result in termination of access to the Services. The deletion of the account will entail the deletion of access to the account and to the Generated Content. The Customer is responsible for downloading any Content generated prior to deletion.
Deletion of inactive customer account: The customer account and all related data may be deleted by DOTWORLD after a period of inactivity of 2 years in the absence of a connection, in accordance with the DOTWORLD Privacy Policy.
ARTICLE 7. DOTWORLD'S OBLIGATIONS
DOTWORLD undertakes to take all reasonable care in accordance with professional standards in providing access to the Internet Site and its functionalities. In addition, DOTWORLD undertakes to use its best efforts to ensure the hosting, security, confidentiality and integrity of Customer Content (and any other data) hosted on the Internet Site.
DOTWORLD endeavours to implement the means necessary to limit the risks of interruption of the Services and the risks of loss of data, as well as, if necessary, to limit the consequences of an error or security flaw in the Internet Site and to repair these as soon as possible.
However, the Customer is aware that no one can guarantee absolute security, nor that the Web Site will function without errors, and that DOTWORLD is committed to an obligation of means.
DOTWORLD reserves the right to modify or interrupt access to the Web Site and/or Services, in particular for reasons of security, maintenance, updating or improvement, or to change the content. Wherever possible, DOTWORLD will endeavour to minimise inconvenience to the Customer and to give advance notice of any interruption. DOTWORLD shall not be liable for any technical constraints related to the specific characteristics of the Internet network or for any interruption that is not attributable to a fault on its part.
The Customer is aware that the creation of Generated Content is automated, and that it is carried out on the basis of Templates resulting from DOTWORLD's developments and know-how in the design of the Website and its functionalities, Services and Templates as well as Customer Content selected by the Customer.
DOTWORLD is responsible for the legality of the Templates and Generated Content only with respect to the part of the Generated Content corresponding to the Template and not to the Customer Content.
The Customer has a major role in choosing the content of the Customer Content and DOTWORLD only has a technical role. Under these conditions, the Customer may not request that a Generated Content be modified (except to generate a new Generated Content), in particular if the Customer considers that it does not correspond to the expected result.
All Customer Content and Generated Content are deleted when an account deletion request is made via the Website, such deletion being effective at most one month after the Customer's request.
ARTICLE 8. OBLIGATIONS OF THE CUSTOMER
The Customer uses the Services under its sole and exclusive responsibility. In particular, the Customer is solely responsible for the Customer Content provided, for which he declares that he holds all rights necessary for their use, and for the use he makes of the Content Generated.
The Customer undertakes not to create or use any Customer Content or Generated Content likely to infringe the rights of third parties or the laws in force, in particular including content contrary to morality and public order, personal data of third parties, inappropriate, defamatory, insulting, pornographic or paedophilic, obscene, violent, provocative, of a racial or discriminatory nature, or which glorifies war crimes, crimes against humanity or terrorism. Likewise, the Customer undertakes not to generate or use Customer Content or Generated Content containing content infringing the rights of third parties, such as privacy rights, image rights or intellectual property rights (with the exception of Model elements, which are the responsibility of DOTWORLD). He/she undertakes not to generate or use Customer Content or Generated Content containing private images of other persons without their consent, or infringing their honor or reputation.
the Customer acknowledges and accepts that he/she is the publisher of the Customer Content and Generated Content (excluding elements corresponding to the Templates). The Customer guarantees and is solely responsible for the legality of the Customer Content and Generated Content (except for elements corresponding to the Templates) and their content.
In general, the Customer undertakes to comply with the General Terms and Conditions of Use and Sale, not to infringe in any way whatsoever any third-party rights, not to use or distribute any content prohibited by law, and not to hinder or disrupt the operation of the Website or Services.
The Customer undertakes to use the Services and the Website in accordance with the regulations in force, and in particular to comply with all his legal obligations and those of any third party.
Each Party indemnifies the other Party against the consequences of any action, claim or conviction brought against it as a result of the other Party's failure to comply with its legal, regulatory or contractual obligations.
ARTICLE 9. ACCESS TO SERVICES
Access to the Services is only possible via the Website, from one connection at a time. Use of the Services requires an Internet connection as well as hardware and software, which are not supported by DOTWORLD, and which the Customer must therefore possess in order to use the Services.
DOTWORLD reserves the right to make any changes and improvements to the Services. DOTWORLD undertakes to ensure that this does not result in any deterioration in quality or substantial modification of the functionality of the Services during the term of the Agreement.
ARTICLE 10. INTELLECTUAL PROPERTY
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Web Site and all the elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found thereon as well as their compilation, including the Models, are the exclusive property of DOTWORLD or the holder of the intellectual property rights concerned, the latter not granting any license or any right other than that of consulting the Web Site and using the Services under the conditions defined below.
The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under intellectual property law, unless prior written authorization has been obtained from DOTWORLD.
The Customer undertakes not to directly or indirectly damage DOTWORLD, the Web Site and Services or the rights of DOTWORLD. Subject to full payment of the Order, and insofar as the Models and Generated Content may be protected by an intellectual property right, DOTWORLD grants the Customer, on a non-exclusive basis, the right to represent and reproduce the Generated Content produced using the Services, for the entire world and for a period equal to the term of protection of the intellectual property rights on the said Generated Content, and this on all media (in particular computer, multimedia, networks including the Internet). This right is granted for the Content Generated as is. This right of use is personal, limited, temporary, non-transferable and non-exclusive to the Customer, and may not be assigned or lent to others. Use of the Models is intended solely to cover the Customer's personal needs.
It is expressly agreed that DOTWORLD remains the owner of the Models, of its know-how, including the ideas and concepts used and/or developed within the framework of the development of the Services and of its concept, which it may reuse freely.
Any use not provided for herein is prohibited and, in particular but without limitation, the Customer agrees not to (nor authorize any third party to) (i) use the Services for any purpose other than the creation and downloading of Generated Content for use in connection with his or her job search, (ii) copy, reproduce, alter, adapt, modify in any way whatsoever, (ii) copy, reproduce, alter, adapt, modify in any way whatsoever, translate in any way whatsoever, integrate into another product or service, all or part of the Models, create derivative works using the Models, and, with regard to the Web Site or the Services, disassemble or reverse engineer in any way, nor attempt to discover the source codes (deemed strictly confidential), (iii) infringe in any way whatsoever the rights of DOTWORLD. The Customer acknowledges that the provision of Services, in particular the creation and storage of Generated Content, requires the representation, reproduction and, where applicable, adaptation of Customer Content. Consequently, the Customer grants DOTWORLD, on a non-exclusive basis, the rights necessary for the provision of the Services to the Customer, in particular the rights of representation, reproduction and adaptation, in the event that the Customer Content is protected by an intellectual property right.
ARTICLE 11. PERSONAL DATA
The provisions applicable to the processing of personal data provided by the Customer to DOTWORLD for the performance of these General Terms and Conditions of Use and Sale are set out in DOTWORLD's personal data management policy available on the Website.
ARTICLE 12. APPLICABLE LAW AND DISPUTES
The contract between DOTWORLD and the Customer is concluded in French and these General Terms and Conditions of Use and Sale are governed by French law.
In the event of a dispute between DOTWORLD and the Customer concerning the validity, performance, non-performance or interpretation of these General Terms and Conditions of Use and Sale or, more generally, the relationship between DOTWORLD and the Customer, the latter may :
- Send your complaint to DOTWORLD, who will reply in writing as soon as possible;
- Recourse to a mediation procedure. The Customer may thus submit any dispute relating to an order or to the present GTC opposing him to DOTWORLD to the Mediator designated below, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. To submit a request for mediation, the Customer may use the complaint form available on the Mediator's website (AME CONSO). The customer is free to decide whether or not to resort to mediation. In the event of mediation, the parties are free to accept or refuse the solution proposed by the mediator.
- Or bring the matter before one of the competent courts. In particular, the consumer may bring the matter either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court for the place where the consumer resided at the time the contract was concluded or at the time the harmful event occurred.
You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
ARTICLE 13. MISCELLANEOUS PROVISIONS
Should any of the non-essential clauses of the present General Terms and Conditions of Use and Sale prove to be null and void or inapplicable by virtue of a law or regulation or following an enforceable decision by a competent court or authority, the parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause.
The failure of either party at any time to insist upon strict performance by the other party of any provision or condition of these Terms and Conditions of Use and Sale shall not be deemed a waiver of such provision or condition.