Foreword – Purpose
These General Terms and Conditions of Use of the Site (hereinafter the “GTCU”) apply to all Internet users visiting the ‘careers.manitou-group.com’ (hereinafter referred to as the “Site”) or using the Site’s services (hereinafter referred to as the ‘User’) and to all domain names and sites registered by Manitou BF, a public limited company with a Board of Directors, whose registered office is located at 430 rue de l’Aubinière – 44150 Ancenis, registered in the Nantes Trade and Companies Register under number 857 802 508 (hereinafter referred to as “MANITOU”) to present its company products, services and dealer network.
The purpose of the GTCU is to define the terms, conditions and procedures for accessing the Site and the services it offers. MANITOU or any subsidiary that may be substituted to it may modify the Site’s GTCU at any time and without prior notice. It is the User’s responsibility to consult this page regularly in order to be informed of any changes. The User is advised to refer regularly to the latest version of the GTCU. The User is deemed to accept this latest version each time the Site is consulted.
Any person browsing the Site or using the Site’s services expressly acknowledges that the Site’s GTCU are fully and unconditionally applicable to them. The User acknowledges that any action taken by him/her on the Site may result in his/her liability, and through him/her, the company for which he/she is an employee, where applicable.
The User acknowledges that he/she must respect and comply in full with the Site’s GTCU.
Article 1 – Definition
In these GTCU, the terms mentioned below shall have the following meaning :
- Users: any person who has access to the Site, visits it and uses it under their sole and entire responsibility,
- MANITOU refers to Manitou BF SA and its subsidiaries,
- Site refers to the MANITOU website that the User visits and to which these GTCU apply.
Article 2 – Purpose of the site
The present Site careers.manitou-group.com belongs to MANITOU and is intended in particular to:
- present our various business activities,
- describe the employee experience,
- make job offers available,
- communicate information of all kinds to the public,
The Site may evolve in order to meet the expectations of its Users. MANITOU may therefore modify the content of the Site and suspend certain functions at any time, without prior notice and without MANITOU being held liable for the consequences of such modifications for the User.
Article 3 – Access to the Site – Security
3.1
The User acknowledges that he/she has the necessary skills and means to access and use this Site.
The User acknowledges having checked that the computer configuration used does not contain any virus and that it is in perfect working order and safe. Users are solely responsible for their own Internet connection and use of the Site.
All equipment, communications, telecommunications’ charges and others costs required for connection to and use of the Site, as well as any necessary authorisation relating thereto, shall be borne by the User.
3.2
MANITOU undertakes to do its utmost to ensure that Users can access the Site at all times.
Nevertheless, MANITOU may carry out testing, control and maintenance procedures and operations, as well as the necessary interventions in the event of breakdowns, at any time.
Thus, for the proper management of the Site, MANITOU reserves the right to interrupt or limit access to all or part of the Site at any time, in particular to carry out any maintenance operations or any procedures necessary for :
- updating information,
- improving the Site,
- correcting any irregularity or,
- performing any change required by national or international legislation or at the request of any judicial authority and in the event of force majeure.
MANITOU will endeavour to inform the User, in advance and as far as possible, of the occurrence of such operations.
3.3
The User acknowledges that the service may be unavailable or in degraded mode during maintenance periods.
3.4
Any malfunction or defect detected by the User must immediately be reported to Manitou.
3.5
The User and MANITOU undertake to use their best endeavours to install a highly reputed anti-virus software on the equipment they will be using to access the Site and to update the virus pattern on a daily basis. The User must access the Site with an up-to-date operating system.
It is the User’s responsibility to take all necessary precautions, in particular to safeguard against the risks of loss, alteration or accident to their files, data, programmes and information.
In case of a cyber incident on the User side that may affect MANITOU’s information system, networks, operating systems, the Site, the information or the data, the User shall immediately notify MANITOU at the following address: ciso@manitou-group.com.
Article 4 – Intellectual Property
The Site, taken as a whole, as well as each of its components, taken independently, in particular programmes and specific developments, trademarks and content including data, text, still or animated images, logos, sounds, interfaces and files (hereinafter referred to as the “ Element(s)”) are the exclusive property of MANITOU or of third parties who have granted it a licence, with the exception, where applicable, of content uploaded online by Users.
No Element of the Site may be used, reproduced, represented, distributed, decompiled, indexed or extracted by any technical process without the prior written consent of MANITOU. The signs “Manitou” and “Gehl” and the associated logos are registered trademarks over which the User has no rights.
Similarly, the User has no right to the trademarks of other Users or third parties that may be viewed through the Site.
Any total or partial representation, in any form whatsoever, of the Site or of any of its Elements, without the prior written authorisation of MANITOU, is strictly prohibited and would constitute an infringement of copyright.
Any reproduction, adaptation, imitation or use, in whole or in part, of the distinctive signs without express authorisation and in violation of the prohibitions provided for by the law engages the responsibility of their author.
In addition, MANITOU is opposed to all web scraping and text and data mining operations. This opposition covers the entire Site and the Elements to which it gives access. All web scraping and text and data mining operations targeting the Site and its Elements, including by automated data collection devices, therefore constitute acts of infringement.
Article 5 – Liability
MANITOU will not be held liable for any indirect, incidental or consequential damage, whether foreseeable or unforeseeable, caused to the User or to a third party and in particular loss of profits, data or equipment, including the costs of recovery, reproduction, repair of such losses, resulting from the use of the Site and its services.
Any interruption of an online service, whatever the reason or duration (maintenance operations, connection problems, viruses, force majeure, disaster, etc.), may under no circumstances incur the liability of MANITOU and/or any subsidiary that may be substituted for it, nor give rise to any compensation whatsoever.
MANITOU cannot be liable in the event of damage caused by the User or a third party, or by a case of force majeure understood as any event recognised as such by French law and jurisprudence as well as any blockage or slowdown of the electrical and/or telecommunications networks.
In addition, MANITOU makes all necessary efforts to provide Users with available and verified information and tools, but cannot be held liable for errors or lack of availability of information.
In no event, will MANITOU be liable in case of legal proceedings against the User because of the use of the Site or any service accessible via the Internet or due to the User’s failure to comply with these GTCU. If MANITOU were to be the subject of amicable or legal proceedings because of the User’s use of the Site, MANITOU may take action against the User to obtain compensation for all damages, sums, fines and costs that might result from these proceedings.
The disclaimers set out in this article shall apply to the maximum extent not prohibited by applicable law, notwithstanding anything to the contrary herein.
In any event, given the allocation of risk between MANITOU and the User, MANITOU’s total liability shall be limited to one thousand euros (1,000 €).
The User acknowledges and agrees that this article reflects a reasonable allocation of risks and that MANITOU would not provide access to the Site without these limitations of liability. These contractual exclusions or limitations of liability do not apply where prohibited by applicable law and nothing in these GCU limits or excludes liability for death or personal injury due to negligence or fraud.
Insofar as applicable law does not prohibit it, the User has a maximum period of 24 months from the opening of his right to exercise his action and waives any action beyond this period.
Article 6 – Hyperlinks and referencing
6.1
The Site may contain hyperlinks to other sites (‘third party sites’). MANITOU has no control over these third-party sites, which are independently managed by their operators.
Consequently, MANITOU cannot, in any way, be held responsible for the harmful consequences for the User of access to a third party site following the activation of a hyperlink on the Site. The exclusion of liability applies both to the means of access and to the access itself, as well as to the content accessible via the hyperlink.
6.2
The User shall not undertake, without MANITOU’s prior written consent, to create and distribute hyperlinks from third party sites to the Site, or to integrate the Site into another site using any technical process such as framing. The User may request this authorisation from MANITOU by sending an e-mail to the following address: communication@manitou-group.com.
MANITOU is free to refuse this authorisation without having to justify its decision in any way whatsoever. In the event that MANITOU grants its authorisation, this is only temporary and may be withdrawn at any time, without MANITOU having to justify its decision. In all cases, any link must be withdrawn on simple request from MANITOU.
Any information accessible via a link to other sites is not under the control of MANITOU, which declines all responsibility for their content.
Article 7 – Changes to the Terms and Conditions of Use of the Manitou site
Manitou reserves the right to modify or correct, at any time and without prior notice, these GTCU, particularly in the event of a change in the legislation in force in order to bring them into line with it.
Article 8 – Social networks
The Site uses computer applications from third parties, which enable the User to share Site content with other people or to let these other people know his/her opinion concerning Site content. This is particularly the case of “Share” buttons from social networks.
Under no circumstances may access to and sharing of the Site’s contents be considered as a transfer of rights to the said contents. When the User consults a page of the Site containing such a button, his/her browser establishes a direct connection with the servers of the social network. If the User is connected to the social network while browsing, the application buttons make it possible to link the pages consulted to the User’s account.
If the User does not wish the social network to link the information collected via the Site to his/her user account, he/she must disconnect from the social network before visiting the Site.
Article 9 – Job applications / job offers
A “Talents” area is provided to enable the User to access job vacancies offered by MANITOU or one of its subsidiaries and to apply for these vacancies.
By clicking on “Talents”, the User will immediately be directed to the dedicated site: www.careers.manitou-group.com.
The User declares that he/she has full capacity to use the proposed Site.
Within this Site, the User may create an account by filling in the fields provided and accepting MANITOU’s data confidentiality declaration. Once this account has been created, the User will be able to register his/her own information, which will be visible to MANITOU.
After two (2) years without activity, a notification will be sent to the e-mail address indicated by the User when creating his/her account to inform him/her that this account will be automatically deleted. If the User wishes to keep his/her account, he/she must log in to activate a new period of two (2) years. If the User wishes to delete his/her account before the end of the two (2) year period mentioned above, the User must send an email to privacy@manitou-group.com or click directly on “Delete profile” in his/her account settings.
The User declares that he/she owns or has the necessary rights to all of the elements that he/she publishes on the Site and in particular the photo accompanying the submission of his/her curriculum vitae, and guarantees MANITOU against any recourse by third parties in this respect, in particular for infringement or unfair competition.
The User grants MANITOU a free, non-exclusive licence for the elements published in this way, for the entire world and for the duration of the deposit on the Site of the elements concerned, for the sole purpose of distributing and referencing its information on the Site.
Article 10 – Language
The legal relationship between the User and MANITOU is governed solely by the French version of the Site’s GTCU. Any translation of the French version of the GTCU is for information purposes only. They will prevail in the event of disagreement or contradiction in translation.
Article 11 – General provisions – Disputes
11.1
The fact that MANITOU has not required the application of any clause of these GTCU, whether permanently or temporarily, may under no circumstances be considered as a waiver of said clause.
Any tolerance with regard to compliance with the articles and conditions herein may never, regardless of frequency or duration, be considered as a cancellation or modification of these articles and conditions.
The cancellation or invalidation of any of the provisions hereof by a court decision or in any other way shall not result in the cancellation or invalidation of the GTCU in its entirety.
If any one of the provisions of these GTCU should be null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable.
A new provision may replace the one declared null and void, it being understood that the new provision must respect as far as possible the spirit and economic impact of the provision replaced.
11.2 Law and Disputes
Except in the case of mandatory local provisions, French law is applicable to these GCU and to any dispute relating to them.
Any dispute will be settled amicably by the parties, within thirty (30) days of the day on which the party having raised the dispute has sent a letter to the other party setting out its grievances.
In the event of a claim not resolved amicably, it is agreed that the User, whether professional or private individual, may have recourse to online mediation via madecision.com or other similar online mediation, in accordance with the applicable mediation rules.
Failing this:
- The User, private individual, will be able to raise the dispute with the locally competent jurisdiction and on the basis of the applicable law….
- The User, a professional, may bring the dispute before the Commercial Court of the Courts of Nantes (France).