Terms and Conditions

1. Introduction

1.1 About

Welcome to CodinGame for Work! CodinGame for Work is CodinGame's platform dedicated to companies to source, screen, and hire top developers worldwide.

These Terms and conditions were last updated on March 31st, 2015.

1.2 Scope of the legal Agreement

These Terms and Conditions govern the use of the CodinGame for Work website (“codingame.com/work”) and Services (collectively referred to as the “Services”), owned and operated by CodinGame, a limited company with a capital of € 53,545, registered in the Montpellier trade and company register (RCS) under number B 750 538 613, whose head office is located at rond-point Benjamin Franklin - Cap Omega - CS 39521 - 34960 Montpellier, France, referred to as “we” (or “us” or “our”).

These Terms and Conditions constitute a legal Agreement between us and any individual or corporate entity, referred to as “You” (“Your”) or “the User”.

By registering, accessing or using our Services, You agree to be bound by and comply with these Terms and Conditions. If You do not agree to be bound by these Terms and Conditions in their entirety, You may not attempt to use our Services. These Terms and Conditions prevail over any other general or specific conditions to which we have not expressly agreed.

1.3 Definitions

Under these Terms and Conditions,

“Candidate” means any person that logs into CodinGame for Work to take an assessment or to connect with You in the framework of a recruitment process ;

“Services” means all the Services offered to the User registered on the Site ;

“Site” means the website codingame.com/work, created and administered by CodinGame ;

“Plan” means an access to the features of the Services governed by these Terms and Conditions, against payment of a fixed charge for a given period of time ;

“User” means any individual or corporate entity who aims at using the Services, and who has set up a CodinGame for Work account with a specific username (login) and password.

2. CodinGame for Work account registration

You must register with CodinGame for Work in order to use our Services. Both individuals and businesses may register for a CodinGame for Work account. Each CodinGame for Work account must correspond to a unique User aimed at using the Services (free or paying plan) by logging in to the Site with a personal username and password.

You can only sign up to use our Services on behalf of a legally recognized business if You are authorized to act on behalf of the business and have the authority to bind the business to this agreement. In order to sign up a business to use our Services, You must agree to this agreement on behalf of the business. If You have so agreed, “You” means You, the natural person, as well as the business.

Our registration process will ask You for certain information including Your email address, Your legal full name, and the name of Your company. You must provide accurate, valid and complete information about Yourself as well as about the business You represent. You must also keep the information that You provide up-to-date. You are responsible for the confidentiality of Your account information and any activity happening within Your CodinGame for Work account. This means that

You are entirely responsible for all content that You transmit or otherwise make available while using our Services, and for the consequences of Your actions (including any loss or damage which we may suffer) by doing so. You also agree that You will not engage in any activity that interferes or disrupts our Services. Usage of bots or other automated methods is not allowed. Moreover, we reserve the right to refuse our Services to any user.

3. Prices

Prices are displayed on our Site (https://www.codingame.com/work/pricing). Prices are given in Euros and Dollars, exclusive of all taxes. For each payment, taxes will be indicated on the invoice and will appear on each bill. Taxes will be charged as regards Your location. Customers living outside the European Union won’t be charged additional taxes. For orders made outside of the French territory, but within the European Union, the provisions set out in the French General Tax Code (“Code général des impôts”) with regard to VAT are applicable. That is, customers living inside the European Union but outside France will be charged French VAT tax (+20%) UNLESS they give us their intra-communitarian VAT number.
We reserve the right to change our prices at any time. Invoices for the Services will be drawn up based on the prices in force at the time the order was validated by us. Then, users will be informed by a reference on our Site in a reasonable time.

4. Payment terms

4.1 Free Trial Period

Free accounts are not required to provide a credit card number. By registering for the Free Trial, we will provide You with access to the CodinGame Assessment Free Trial Service features as a Free Trial user for a period of thirty (30) consecutive days (“Free Trial Period”). One person or corporate entity is not allowed to maintain more than one Free Trial account. The term of use for the Free Trial Period will begin on the date of Your registration on the Site and continue for 30 days. We reserve the right to terminate this Agreement at any time for any reason. After the period of 30 days, You will no longer be able to use the Free Trial Service. If You wish to use the Services after the Free Trial Period of 30 days, You must subscribe through Your account to one of the paying plans at the rates and conditions indicated on the dedicated webpage on the site.

4.2 Paying plans

By placing an order for a paying plan, You are indicating (i) Your acceptance of these Terms and Conditions, (ii) that You are an authorised user of the credit or debit card used to make Your purchase and (iii) that there are sufficient funds to cover the cost of the ordered Services and that all details You provide to us are true and accurate. It is Your responsibility to inform us of any changes to these details as soon as possible.

The use of the Services is subject to prior payment of the full amount of the fee due corresponding to the chosen plan. Paying plans (except the “Unlimited” plan which is subject to Specific Conditions of use) are provided in the form of pay-as-you-go. Plans may be accessed by no more than the specified number of Users, that is, one (1) User for one (1) Account. Fees paid are non-refundable. The payment of the “Unlimited” plan can be made either bank transfer or by credit card through Paypal. For all other paying plans, payment is made online directly using Paypal’s secure distant payment module.

To complete Your payment via Paypal, You will have to (i) submit all information needed through Paypal (see Paypal Terms of Use and Privacy), (ii) proceed to the payment, (iii) confirm Your order and Your payment. A valid credit card is required. The submitted bank card number and expiry date are encrypted and transmitted to Paypal Ltd. Secure Services are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to us or any third party. In particular, we do not use any technical intermediary for the transmission of payment data. This information will not be reused. When You click on the button “Confirm my order” after the ordering process, You declare that You accept fully and without any reserve Your order including the totality of these Terms and Conditions.
The order’s amount is debited from Your account upon our validation of Your order. Data recorded and kept by us constitutes proof of the order and of all transactions carried out. Data recorded by the payment system of the Paypal Service account constitutes proof of the financial transactions. Invoices will be available on the Site in the “Dashboard” section.

Our vocation is to satisfy You, and we undertake to do our utmost to meet Your expectations.

4.3 Invoices

Plans are invoiced from the invoice date of Your payment. An invoice is generated for each payment received. It is automatically sent to Your CodinGame for Work account email address.

5. Duration and Validity

For paying plans except the “Unlimited” plan, the duration of the use of the CodinGame for Work Services is not time-limited: except in the case of termination of the Agreement ordered by us (see Article 8. “CodinGame rights”) or in the case You decide to delete your account in accordance with the provisions of Article 7, the duration of the Service, which shall begin from the day of the conclusion of the Agreement, is otherwise unlimited. For CodinGame Assessment tests, the validity of the tests purchased is of 12 months. After the expiration of this period, any remaining test credits are definitely lost.

6. Feedback and suggestions

When clicking on the “Feedback” button, You have the opportunity to send us ideas, suggestions, documents or proposals aiming at improving our solution or simply communicating Your opinion. When submitting feedback, You agree that (i) Your feedback and suggestions do not contain the confidential or proprietary information of You or any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to Your feedback and suggestions, (iii) You acknowledge that submission of feedback and suggestions is voluntarily and that we may consider or are developing technology that is the same or similar to Your feedback and suggestions, (iii) You are not entitled to any compensation or reimbursement of any kind from us, and (iv) You grant us an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to disclose, use, modify, publish, distribute or sublicense Your feedback and suggestions.

7. Your right of cancellation and termination

CodinGame for Work is free of commitment. You may terminate this Agreement by closing your accoung at any time, without notice nor additional fees.

You are solely responsible for properly cancelling Your account. An email or phone request to cancel Your account is not considered cancellation. All of Your content can be immediately deleted from the Services upon cancellation if You asked for it (contact@codingame.com). This information cannot be recovered once Your account is cancelled.

8. CodinGame Rights

8.1 Suspension of your account or termination by CodinGame

CodinGame in its sole discretion, reserves the right to permanently or temporarily suspend or terminate Your account, or refuse any and all current or future use of the Services for any reasonable cause at any time. Such termination of the Services will result in the deactivation or deletion of Your account or Your access to Your account, and the forfeiture and relinquishment of all content in Your account. CodinGame may also suspend the Services and access to Your CodinGame for Work account if You (a) have violated the terms of this Agreement, (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
We will not be liable to You for compensation, reimbursement, or damages in connection with Your use of our Services, or any termination or suspension of the Services. Any termination of this Agreement does not relieve You of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to us as provided in this Agreement.

8.2 Modifications to Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice at any time. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of our Services.

9. Warranty disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY. CODINGAME DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THE SITE, OR ANY OTHER GRIEVANCE, SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO THE SITE OR USE OF THE SERVICES.

10. Limitation of liability

CODINGAME FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE SITE AND/OR THE SERVICES. CODINGAME MAY NOT BE HELD RESPONSIBLE FOR ANY INCONVENIENCES OR DAMAGE INHERENT TO THE USE OF THE INTERNET, IN PARTICULAR SERVICES FAILURE, EXTERNAL INTRUSION, SERVER UNAVAILABILITY, OR ANY QUALIFIED OCCURRENCE OF FORCE MAJEURE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, GOODWILL, USE, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SERVICES.

CODINGAME DISCLAIMS ALL LIABILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, FEATURED IN ANY BANNER OR OTHER TYPE OF ADVERTISING, AND CODINGAME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION OR COMMUNICATION BETWEEN You AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS CODINGAME ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF (A) YOUR USE OF THE SERVICES, (B) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICES, (C) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (D) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE. CODINGAME RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. Intellectual Property and content ownership

We own the Services content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Services provided. We also own the copyrights, trademarks, Service marks, trade names, and other intellectual and proprietary rights throughout the world (the “Intellectual Property Rights”) associated with the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Services in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant You any express or implied rights, and all rights in and to the Services and are retained by us.

13. Personal data protection & security

13.1 Personal data

We are committed to protecting Your privacy and the security of any information given to us in order to access our Services. We use an automated processing system for all personal data communicated by You, in particular during Your registration on our Site. Communicating Your personal data implies Your agreement to the automated processing of this data. The automated processing of Your personal data, including the processing Your email from completing the online form published on our Site, is the subject of a declaration submitted to the CNIL (French data protection authority) on November 17th 2011, registered under number 1545633. None of Your personal data will be passed to any third party, except to regular process credit or debit card payments in the frame of secure electronic payment. Your privacy and confidence will be respected at all times.

In accordance with the “Loi Informatique et Liberté” no. 78-17 of January 6 1978 (the French law on Data Protection and Civil Liberties), You have at Your disposal the right to object (article 38 of the law), to access (article 34 to 38 of the law), to rectify, or to delete (article 40 of the law) personal data relating to Yourself by logging on to Your account on our Site and clicking the “Account button” in Your Dashboard section. Your personal data is preserved for an unspecified duration and, if necessary, until You request a withdrawal.

13.2 Security

Registration on our Site requires unique user names and passwords that must be entered each time You log on. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of Your data.

13.3 Cookies

Cookies are files Web browsers place on a computer's hard drive, so that the visitor’s browser provides the information to the Site each time the visitor returns. They are used to help authenticate customers and provide timesaving shortcuts and preferences. We use a persistent encrypted cookie, if You request, to save and retrieve individual authentication information as well as other per-customer device preferences. We issue a mandatory session cookie to each user of our Services only to record encrypted authentication information for the duration of a specific session. If You reject this cookie, access to and usage of our Services will be denied.

14. Governing law and dispute resolution

You agree that all matters relating to Your access to or use of the Services, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions, and the parties submit all disputes to the jurisdiction of the courts of MONTPELLIER (FRANCE). In the event of any controversy or dispute between us and You arising out of or in connection with Your use of our Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law, by referring to the Court of MONTPELLIER.

15. Termination or modification of these Terms and Conditions

We reserve the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, by publishing a revised version of the Terms and Conditions on our Site. These modifications may include, without limitation, charging for the Services. We may provide notice to You of any such modification. Any use of our Services after our publication of any such changes shall constitute Your acceptance of this Agreement as modified.

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