Terms & Conditions

1. Terms and Conditions of Use

By accessing this site, you accept the following Terms and Conditions. You are only authorized to use the site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. Lumiere reserves the right at any time and at its own discretion to alter, supplement or delete all or part of the content of the Lumiere website and the present Terms and Conditions. This also applies to improvements and/or changes to the information stated and to products and services. Please check these conditions regularly for any changes. If you continue to use the Lumiere website after changes to these Terms and Conditions have been published, you are deemed to have accepted the changes.

 

This Terms of Service Agreement (“Agreement”) is for Talent (defined below) and governs Your use of Lumiere “AI Talent Screener” which analyses, scores and screens applicant submissions against job descriptions. Accepting the terms and conditions of this Agreement will allow You to use the platform to screen applicants faster and more intelligently. To use the AI Talent Screener as a Client, You must agree to Lumiere Client Terms of Service Agreement, which can be found here.

 

TO ACCESS AND USE Lumiere AI TALENT SCREENER AS A RECRUITMENT PROFESSIONAL, YOU MUST REVIEW AND ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THE TEXT. ONCE ACCEPTED, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU AND Lumiere. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT SUBMIT YOUR JOB DESCRIPTION OR APPLICATIONS.

 

2. Services

The Services act as a platformClients can screen Talent to find the best candidate match from the submitted applications for open job roles. Subject to the terms and conditions set forth in this Agreement, Lumiere will use commercially reasonable efforts to provide You with access to the Services. You can submit to Lumiere descriptions of the roles, via email at contact@Lumieredata.com or through the proper functionality on the Lumiere AI Talent Screener (each, a “Submission”). Lumiere reserves the right to refuse any and all Submissions at any time. Submissions must be expressly accepted by Lumiere. Lumiere does not guarantee that any matches will be made through the Services.

 

3. Service Limitations

Lumiere will not have any liability or obligations under or related to Talent Contracts and/or Talent Services for any acts or omissions by You or any other Users. Lumiere does not, in any way, supervise, direct, or control You or any Talent Services; does not impose quality standards or a deadline for completion of any Talent Services; and does not dictate the performance, methods or process You use to perform services. You are free to determine when and if to perform Talent Services, including the days worked and time periods of work, and Lumiere does not set or have any control over Your pricing, work hours, work schedules, or work location, nor is Lumiere involved in any other way in determining the nature and amount of any compensation that You may charge or be paid for a Project. You will be paid at such times and amounts as agreed with a Client in a given Talent Contract, and Lumiere does not, in any way, provide or guarantee You a regular salary or any minimum, regular payment.

 

3.1 Other Business Activities. Nothing in this Agreement is intended to prohibit or discourage any User from engaging in other business activities or providing any services through any other channels, provided You comply with the Referral provisions described in Section 15 if applicable. You are free at all times to engage in such other business activities and services and are encouraged to do so.

 

4. Copyright

Permission to use, copy and distribute the information published by Lumiere on this website is hereby granted on the condition that each copy contains this copyright notice in its entirety and that no part of the contents is used for commercial purposes but restricted to use for information purposes within an organization.

 

5. Accuracy of Information Provided

All information published on this website is provided as is without any representation or warranty of any kind either express or implied including but not limited to implied warranties for merchantability, fitness for a particular purpose or non-infringement. Any content may include technical inaccuracies or typographical errors. Changes and additions may be made by Lumiere from time to time to any information contained herein.

 

6. User-submitted information

Certain parts of the site contain information submitted by visitors of the site. Examples are job listing information provided by employers and others.

 

6.1. Lumiere responsibility for user-submitted information: The site acts as a passive channel for online distribution of user-submitted information. Lumiere will not screen information in advance and is not responsible for screening or monitoring posted material. The user-submitted information does not reflect Lumiere views and Lumiere does not have any obligation to monitor, edit, or review any user-submitted information. Lumiere assumes no responsibility or liability arising from the user-submitted information. We may store and process information submitted by users on our site in any country in which Lumiere or our hosting providers maintain facilities. By using our services, you consent to the transfer of information you submit among these facilities, including those located outside your country.

 

6.2. Appropriate conduct when submitting information Information submitted by you must be correct and avoid language and content which may be regarded as inappropriate by other users. All information entered must be in compliance with local laws. You are responsible for your own conduct and communications and for any consequences thereof. You agree to use the site only to send and receive messages and material that are legal, proper and related to the context. By way of example, and not as a limitation, you agree that when using the site, you will not:

 

• • (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• • (b) upload, post or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;

• • (c) upload, post or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;

• • (d) upload, post or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms and Conditions or any other applicable policies or guidelines;

• • (e) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;

• • (f) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;

• • (g) promote or provide instructional information about illegal activities;

• • (h) promote physical harm or injury against any group or individual; or

• • (i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

 

6.3. Abusive user-submitted information: Any user can report incorrect, misleading or abusive information or content which does not conform to these Terms and Conditions by contacting the system administrators at info `at` Lumiere `dot` com. Lumiere the right to remove or change user-submitted information which violates these Terms and Conditions without any liability to the user. Lumiere reserves the right to expel users and prevent their further access to the service for violating the Terms and Conditions or the law.

 

6.4. Your rights: Lumiere claims no ownership or control over any content submitted by you. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any information you submit and you are responsible for protecting those rights. By submitting information, you grant Lumiere a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish the information for the purpose of display and distribution. This license terminates when such information is deleted from the website.

 

7. Accounts

7.1 Registration. Use of and access to the Services may require registration of an account for the Services (“Account”). In registering an Account, You agree to (a) provide true, accurate, current and complete information (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree not to provide any false or misleading information about Your identity or location, business, skills, or services and to correct any such information that is or becomes false or misleading. You acknowledge and agree that Registration Data may be shared with other Users in connection with the Services, and You hereby grants Lumiere a non-exclusive, worldwide, royalty free license to use, display, perform, transmit, and otherwise exploit Your Registration Data in connection with the Services. You are responsible for all activities that occur under Your Account and may not share Account or password information with anyone. You agree to notify Lumiere immediately of any unauthorized use of Your password or any other breach of security. If You provide any information that is untrue, inaccurate, not current or incomplete, or Lumiere has reasonable grounds to suspect that any information You provide is untrue, inaccurate, not current or incomplete, Lumiere has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof). You may not have more than one Account at any given time. You may not create an Account or use the Service if You have been previously removed by Lumiere or previously banned from the Services. Lumiere reserves the right to decline a registration to join Lumiere or to add an Account type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

 

7.2 Account Verification. When You register for an Account and from time to time thereafter, Your Account will be subject to verification, including, but not limited to, validation against third-party databases or verification of one or more official government or legal documents that confirm Your identity, location, and ability to act on behalf of Your business. You authorize Lumiere, directly or through third parties, to make any inquiries necessary to validate Your identity, location, and ownership of Your email address or financial accounts, subject to applicable law. When requested, You must timely provide Lumiere with complete information about You and Your business, which includes, but is not limited to, providing official government or legal documents.

 

7.3 Permitted Users. By granting any individuals or entities permissions under Your Account (a “Permitted User”), You represent and warrant that (a) the Permitted User is authorized to act on Your behalf, and (b) You are fully responsible and liable for any action of any Permitted User and any other person who uses the Account. If any such Permitted User violates the terms of this Agreement, it may affect Your ability to use the Services.

 

8. Privacy

Lumiere considers privacy an important issue, so we build and operate our web services with the protection of privacy taken into account. Please refer to our Privacy Policy for details.

 

9. Disclaimer

Lumiere declines all liability whatsoever for loss or damage of any kind that you or any third parties may incur in connection with access to or use of the Lumiere website or parts thereof, or from links to third parties’ websites. Anyone visiting a Lumiere website, using the information contained therein or availing themselves of the offers featured therein does so at their own risk and responsibility. Lumiere also declines all liability for lost earnings, for Internet-related malfunctions of all kinds (e.g. suspension of operations, disruption of functions, viruses, pernicious components, terrorist acts, etc.), for misuse by third parties (hacking into data, copying, etc.) and for loss of programs or other data in your information systems. This applies even if Lumiere websites might indicate the possibility of such damage.

 

10. Linked Websites

Some links on the Lumiere website lead to third parties’ websites which are outside the control of Lumiere. Lumiere cannot accept responsibility for the correctness, completeness or lawfulness of the content of these websites or of any links to further websites, nor for any offers, products or services contained therein. This applies even if such websites feature the Lumiere logo or another protected name. Users access the linked websites at their own risk.

 

11. Applicable Law and Place of Jurisdiction

The courts at the registered office of Lumiere in Quebec, Canada have sole jurisdiction over any disputes arising between you as visitor to and user of the Lumiere website and Lumiere in connection with the operation or use of the Lumiere website. Relations between the parties shall be governed exclusively by Quebec law.

 

12. Relationship with Lumiere

Lumiere merely makes the Services available to enable Talent and Clients to find and transact directly with each other. Through the Services, You may be notified of Clients that may be seeking the services You offer, and Clients may be notified that You offer the services they seek.

 

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL Lumiere PARTIES BE LIABLE FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT Lumiere HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY OR (b) ANY AMOUNTS THAT ARE GREATER THAN THE TOTAL AMOUNT PAID TO Lumiere by YOU during the TWelve-month period prior to the act, omission or occurrence giving rise to such liability. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Lumiere AND YOU.