Terms and Conditions – English Version
Waino.co is a website managed and created by Jessica Richard with corporation registered in France with following data : :
- Adress : 3 route d’Aurillac, 15200 Mauriac
- Website : https://waino.co
- SIRET : 80829718800035
- VAT number : FR22808297188
- Hosting by O2Switch – SIRET : 510 909 80700024
- User : shall mean any and all individual(s) accessing and/or using the Website.
- Candidate : shall mean any and all individual(s) who register to waino.co
- Selected Candidate : shall mean any and all individual(s) who applied to obtain an Internship or a Job position.
- Program : shall mean any set of services provided by Waïno like explained in Article 1.1.
- Price : shall mean the amount of money charged to the Candidate or the Hiring Company for his/her participation to the Program.
- Employer : shall mean all and any legal entity entering into a service agreement with Waïno in order to find Candidates for an open Internship or Job position.
By accessing our website or using our services, you signify that you have read, understood and agreed to be bound by this agreement.
If you do not wish to be bound by this agreement, please do not use our website and/or try to benefit from our services.
The Service is intended solely for users who are over 18 years of age.
Any registration or use of the Service by anyone under 18 or who has no capacity to contract is unauthorized and in violation of this Agreement.
Waïno may, at any time, modify the present terms and conditions which will be enforceable upon publication on the website.
The Candidate and the Hiring Company have to keep abreast of new provisions. Each new useage of services constitutes the acceptance of the last terms in force.
For the Employer, the representative of the Hiring Company certifies he has the power to contract someone on behalf of that legal entity.
If you violate any term of this Agreement, or violate any other agreement with Waïno, we may delete any content or information that you have provided through the Service and/or prohibit you from using or accessing our products and services or the Website.
- Waïno offers free and unlimited consultation of internship offers abroad to all Users of the website.
- Waïno offers free deposit of offers to all Employer of the website.
- Waïno services apply for offers localised in Latin America, Africa and Asia.
- By subscribing to Waïno Services, you agree to receive our offers related to your research as well as information e-mails about your project of going abroad or recruitment.
- Subscription to a Program is reserved for individuals or legal entities who have read the General Terms and Conditions of Use in their entirety beforehand and have accepted them without reservation.
Deposit and Program Fee
6. By selecting a Program, checking the box “I have read and accept the general terms and conditions of sale” on the payment page and clicking on the button “pay”, the User registers for the corresponding Waïno Program and pays, without reservation or delay, the price as defined on the website.
7. Payment for a Program constitutes final acceptance of the Waïno services contained in the corresponding Program.
8. You can pay by credit card (Visa, Mastercard, Carte Bleue) and in Euro. The payment is secured by the service provider Stripe, a leading and reputable company in the field of online payment.
9. In accordance to article L121-20 of the French Consumer Code, the User is informed that she/he has a period of 14 days from the day he/she subscribes to our services to exercise his/her right of withdrawal, without any penalties or causes.
10. But, in accordance of the article L 121-20-2, 1° of the French Consumer Code, the right of withdrawal cannot be exerted from the moment the customer has started to benefit from the service concerned.
11. The User forfeits his/her right of withdrawal by accessing, of his/her own will, Waïno services, in accordance of the article L 121-20-2, 1° of the French Consumer Code.
12. The User is conscious that he/she accepts that Waïno starts the execution of the Agreement immediately after the validation of his/her application and renounce thus to his/her right of withdrawal.
13. Waïno will not be required to refund the Program fees after the commencement of the Service Delivery.
14. If you are offered a placement through our Paid Program and you decide to accept it, you will need to pay a fee within 48 hours in order to guarantee your place and commitment. If this payment is made outside the agreed times other candidates will be able to apply to the same offer. After the payment, we will not be able to refund the fee. Before your starting date, we have 2 exceptions where you will be able to ask for a refund :
- If your school/university doesn’t agree with your placement (we will need a letter from your school/university)
- If the company cancel your placement
After your starting date, we are not be able to refund the fee. We can not be responsible for your performance during your placement. If you experience difficulties during your placement, please inform us in advance so we are able to support you.
15. The amount refunded will correspond to the total amount of the deposit received by Waïno (paid by the Candidate) from which will be deducted the Stripe commission, the body that manages the payment as well as the Kooneo commission, the body that manages the automation of online forms and invoices.
16. For information purposes only, Stripe’s commission is currently €0.25 + 1.4% (for European cards) or €0.25 + 2.9% (for international cards) for any payment made. Also for information purposes only, Kooneo’s commission is currently 2% for any payment via its system.
Responsabilities of Waïno
17. You may use the Services if and when they are available. Waïno does not guarantee availability of the Services and there may be interruptions for scheduled maintenance or upgrades, repairs, or equipment failures. Certain features of the Services may be a pre-release version and may not work correctly or in the way a final version might work.
18. For Candidates subscribing to a Placement through our Paid Program:
- Waïno undertakes to offer an internship to the Candidate while respecting in the best possible conditions his choices and criteria as mentioned by the candidate.
- Waïno is in charge of facilitating the setting up of a first interview between the trainee candidate and the interested Organisation in order to reach an oral agreement with the latter.
- Waïno oversees the signing of the internship agreement with the Organization.
- Waïno and its representatives facilitate the organization of the departure in the destination country (visa, accommodation, health insurance) as specified in the corresponding Program description.
- Waïno and its representatives ensure a follow-up of the selected Candidate during the first month of his internship.
- Waïno and its representatives will provide assistance and mediation for the selected Candidate in the event of problems with its Host Organization or a serious health problem
19. For the Employer subscribing to the Recruitment Coaching Program, Waïno must provide the following services to the Hiring Company:
- Review and publicate Internship/Job offer(s) based on the needs the Hiring Company communicated to Waïno;
- Broadcast offer(s) to a wide range of potential qualified Candidates;
- Conduct the Candidate pre-selection process;
20. This Agreement shall constitute a best efforts agreement as Waïno cannot guarantee that the hiring process will lead to the Candidate’s placement, or that the publication of an offer by the Employer will result in applications. Waïno cannot guarantee that the hiring process will lead to a success placement for the open position, whether it is an Internship or a Job
Responsabilities of Users
21. A Candidate subscribing to the paid internship accompaniment program must not complete his internship and/or employment with the Employer without having paid the full amount of the Program. This condition is valid for a period of 1 year from the date on which Waïno connects the Candidate and the Organization. This condition applies to any offer (internship or employment) from the same Partner Organisation.
22. The candidate undertakes not to communicate the contact details or contact details of the Organization or the Employer to his or her family and friends for a total period of two (2) years.
23. An internship agreement is signed by the selected Candidate, his/her educational institution and the Organization. The internship agreement sets out the terms and conditions for the internship within the Organisation, and in particular designates the internship supervisor under whose authority and responsibility the selected Candidate will develop throughout the duration of his internship. Waïno, a third party to the internship agreement, is not responsible for and does not interfere in the existing relationship between the selected Candidate and its Host Organization.
24. Waïno does not guarantee the payment by the host Organisation of a traineeship fee. Such remuneration shall be subject to the sole discretion of the Host Organisation in accordance with its legal obligations.
25. Each selected Candidate is responsible for reading and understanding all information material provided concerning safety, health, the legal, social, political, cultural and religious system in the country of destination. Each trainee candidate is required to respect the laws, regulations and customs of the destination country, regardless of their level of knowledge. He/she will be fully liable in the event of a breach. The selected Candidate is solely responsible for his or her actions and for the proper conduct of his or her stay abroad, throughout the duration of the stay. In particular, it is the sole responsibility of the trainee candidate to:
- obtain information from knowledgeable professionals about the extent of their social security coverage in the event of departure abroad;
- subscribe to personal liability insurance and/or all risks insurance and/or housing insurance;
- to take his plane tickets with regard to the start and end dates of the internship;
- to have all the official or other documents necessary to travel abroad and more precisely in the country concerned.
26. The selected Candidate is responsible for verifying his or her internship start and end dates and compensation conditions before signing the agreement to ensure that they are accurate. Waïno cannot be help responsible for any change in the conditions of the internship (and in particular the start date and duration of the internship).
27. Waino.co and emails sent by Waïno may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Waïno of the contents on such third-party websites. Waïno is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party Web sites, you do so at your own risk.
28. You are solely responsible for your account information, employer account information or job postings, Profile, leads, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (collectively, “User Content”) that You post to the Services or transmit to other Users. You agree that in submitting User Content or otherwise using the Services that you will not impersonate any person, or submit any materials to Waïno or the Services that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
29. The following is a partial list of User Content that is prohibited in waino.co. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that :
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media;
- solicits passwords or personal identifying information from other Users
30. You are responsible for maintaining the confidentiality of your account or any account information for the Services, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your registrations and passwords for the Services, whether or not authorized by You. You agree to immediately notify Waïno of any unauthorized use of your account.
Waïno’s limitation of liability
31. Waïno will not be responsible or liable for any losses or damages to the Hiring Company or any third party caused by the Candidate(s) or Selected Candidate(s) before, during or after the Internship or Job.
32. Waïno will not be responsible or liable for any losses or damages to the Candidate (or any third party) caused by the Hiring Company or any third party before, during or after the Internship or Job.
33. Waïno will not be responsible or liable for the cancelation of the Internship or Job initiated by the Hiring Company. Waïno will provide its best effort to provide another internship or Job position to the Selected Candidate by re-including her/him back in to the Program.
34. Waïno will not be responsible or liable for any unlawful behavior of the Selected Candidate or the Hiring Company before, during or after the completion of the Internship or Job.
35. Waïno cannot be held responsible for the dismissal of the Selected Candidate by the Hiring Company. In this case, no refund will be issued.
36. Waïno, its affiliate agencies, suppliers, and members of staff will not be responsible or liable for any case of injury, accident, claim, theft, damage, sickness, expense, cancelation or loss in relation to our Services.
37. It is not Waïno’s responsibility to provide any assurance to Candidates, Selected Candidates, Recruiters.
Terms and termination
38. The candidate has the right to unilaterally terminate the agreement with Waïno until he has accepted an internship/employment offer from an Organization
39. Waïno shall not be required to refund the costs of the Programme after the start of the internship and the successful integration of the Selected Candidate into the Organisation’s teams, even if the Selected Candidate leaves the Organisation before the end of the internship or employment contract.
40. These Terms will remain in full force and effect while you are a User of any part of the Services at any level. Waïno reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Services and immediate termination of your registration with or ability to access the Services upon any breach of these Terms or if Waïno is unable to verify or authenticate any information You submit to the Services.
41. The Candidate and the Employer are required to keep confidential all information relating to the activity of the Organization and Waïno, before, during and after the end of the internship or employment.
Website and information data
42. Waïno will do its best to keep its website and content up to date. However, Waïno cannot be held responsible for any inaccuracy, ambiguity present on its website or any other communication / marketing material.
43. The candidate undertakes to respond to any request for information from Waïno regarding his professional and/or personal profile within the requested time limits and to provide the requested documentation; the candidate is responsible for the veracity and accuracy of the information provided. Each candidate is aware that any false declaration on his part may lead to a rejection of his file or an immediate cancellation of his participation.
44. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose any information concerning you.
45. The job posting, recruiting, and other features of the Services may be used only for lawful purposes by individuals seeking employment and career information or by employers seeking employees or interns.
46. Waïno specifically prohibits any other use of the Services, and all Users agree not to do any of the following:
- post any internships or offer for any competitor of Waïno or post jobs or other content that contains links to any site or service competitive with Waïno;
- post jobs for modeling or talent or talent scouting positions on any part of the Services;
- post or submit to the Services any incomplete, false or inaccurate biographical information or information which is not your own;
- post on the Services any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
- send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited promotions and/or advertising of products or services to a User;
- delete or revise any material posted by any other person or entity;
- aggregate, copy or duplicate in any manner any of the Waïno Content or information available from the Services without express written consent from Waïno;
47. Waïno does not necessarily monitor any materials posted, transmitted, or communicated to or within waino.co. If you believe that something in the Services violates these Terms please contact our designated agent set forth in Section 7 below.
48. If notified by a User of User Content (as defined below) or other materials which allegedly do not conform to these Terms, Waïno may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the User Content. Waïno has no obligation, liability or responsibility to Users for performance or nonperformance of such activities.
Use of Waïno and copyright
49. Waïno authorizes you to view, use, and access of the content available through the Services solely for your personal use. The contents of Waïno, the Services, text, graphics, images, logos, and other Waïno’s content, is protected under both French and foreign copyright.
50. You agree not to sell or modify the Waïno Content or reproduce, display, publicly perform, distribute, or otherwise use Waïno Content or waino.co in any way for any public or commercial purpose, in connection with products or services that are not those of the Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Waïno’s or its licensors, or that otherwise infringes Waïno’s or its licensor’s intellectual property rights. The unauthorized use of the Waïno Content on any other third party Web site or in a networked computer environment for any purpose is prohibited.
51. Users are also prohibited from violating or attempting to violate the security of the Services, including without limitation, by engaging in the following activities: accessing data not intended for such User or logging into a server or account which the User is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any part of the Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”. Violations of system or network security may result in civil and/or criminal liability. Waïno will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Compliance with local laws and regulations
52. The Candidate is required to comply with the immigration legislation in force in the country of destination. Waïno can under no circumstances be held liable in the event of a contravention by the student of these regulations.
53. The selected Candidate, throughout the duration of his internship, will be subject to the terms of his internship agreement signed with the Organization.
Legal provisions and Competent Juridiction
54. These general terms and conditions of sale are governed by French law and will be interpreted in accordance with its provisions.
55. In the case of non-payment of the service performed and in view of the reciprocal obligations to which both parties have undertaken by the acceptance of these conditions, and after an attempt at amicable settlement in the spirit of these conditions, Waïno reserves the right to initiate legal proceedings with the competent authorities.
56. In the case that one or more of these clauses are without legal effect, questionable, invalid or unenforceable, they must be treated separately and the validity of the remaining clauses shall not be affected.
57. These General Terms and Conditions may be modified at any time and without reason by Waïno.