Les présentes Conditions Générales d’Utilisation (ci-après les « CGU ») sont proposées par la société CLUB FREELANCE LIMITED, société enregistrée en Angleterre et au Pays de Galles sous le numéro 9050953, dont le siège social est Biscuit Factory, 100 Drummond Rd, London SE16 4DG, Royaume-Uni, son adresse de courrier électronique est firstname.lastname@example.org et son numéro individuel d’identification TVA britannique GB19 4905473, (ci-après la « Société »).
The Company provides a platform for matching freelancers or job applicants with its clients. (the “ Platform”).
ARTICLE 2. Definitions
Assignment means the period during which Talent renders services as a Freelancer or an employee of an umbrella company.
Client (s) means any legal or natural person that has created an account and can offer a job offer or assignment for which users registered on the Platform can apply.
Platform refers to the online recruitment services at https://mindquest.io, including theaforementioned website, where all services may be offered.
Talent (s) designate(s) any person applying for a permanent job, or duly registered in any trade and company register or employed by an umbrella company and wishes to offer their services to Clients and thus be referenced to the Platform.
Timesheet Manager designates the application on the Platform owned by the Company that allows Clients to validate the timesheet filled in by Talent(s) during an assignment. mission.
Users refer to Clients (s) and/or Talent(s) (s) registered on the Platform.
ARTICLE 3. Description of the Platform
The Platform is an IT solution accessible online from any computer or telephone set previously configured and connected to the Internet network.
The Platform offers Talents the opportunity to apply to job vacancies and/or assignments posted by Clients.
Talent can decide whether his profile page is visible to the Company and Clients or only to the Company. If Talent makes his profile visible to Clients and the Company, the Company will pseudonymize it before publication.
The Platform also offers the possibility for Clients to post vacancies, Assignments and consult Talent profiles. If a Client is interested in a Talent, it shall inform Company which will organise the connection, in particular by means of an interview.
In addition, the platform allows Talents on assignment with a Client to validate their monthly timesheet by using Timesheet Manager. For this sole purpose, Company reserves its right to create a User account to Client and/or Talent so that the timesheet can be validated.
The Platform shall be accessible free of charge at any place and at any time under the conditions described above to any User with access to a computer station allowing access to the Platform.
Users shall bear all the costs incurred in accessing the Platform (hardware, software, internet connection, etc.) The Company does not cover these access costs.
ARTICLE 4. How to access and register with the Platform
The Platform is only accessible to Users who have previously registered and have created a personal login and password and have validated their registration.
User shall be solely responsible for any use which may be made of his or her login and password and shall be the sole responsible of their confidentiality, as well as for any use of their account.
Should User provide false or inaccurate information, Company shall be entitled to suspend or close its account and refuse access to any service provided by the Company.
ARTICLE 5. Obligations of Users
In particular, Users shall refrain from:
To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license, in whole or in part, content on the Platform or to decompile, debar, unassembled, modify, attempt to discover any source code or use any software activating or including all or part of the Platform;
Attempting to obtain unauthorised access to the Platform’s IT system or to engage in any activity that disrupts, reduces quality or interferes with performance or deteriorates the Platform’s functionalities.
Use the Platform for abusive purposes by voluntarily introducing viruses or other malicious programmes and attempting unauthorised access to the Platform;
Infringing the company’s and the service provider’s intellectual property rights;
Denigrating the Platform and/or the Company; and
Generally, failure to comply with any legal or regulatory obligations which are legally and de facto binding on them.
ARTICLE 6. Liability
Each User recognises and accepts that he is solely responsible for and master of the content he publishes and upload on the Platform and the comments exchanged there.
Under no circumstances does Company intervene to act as a moderator in this respect.
Users recognise and accept that under no circumstances may they be compensated for any reason whatsoever in respect of any comments or content exchanged on the Platform, whether originating or addressed.
Disputes between Users must be settled between themselves without the presence of Company and without the use of the Platform.
ARTICLE 7. Relationship between Talents and Clients
Talents undertake not to approach Clients directly outside the Platform, in order to avoid recourse to Company.
Similarly, Clients undertake not to approach Talents directly outside the Platform, in order to avoid recourse to Company.
In addition, Talents undertake to notify Company of any solicitation by Clients with which they have been in contact through the use of the Platform.
Users recognise and accept that compliance with this obligation is an essential condition without which the Company would not agree to make the Platform available to Users.
In the event of failure to comply with this obligation, Company may suspend access to the Platform for a period which it shall determine or terminate it without prejudice to any claim for damages which it may seek before any court having jurisdiction.
ARTICLE 8. Evaluation of users
Company may allow Clients to comment and evaluate Talents after an Assignment. This assessment is carried out only for internal and private purposes within the Company.
Under no circumstances may this assessment be used against Talents.
ARTICLE 9. Guarantee that the Platform will be made available
The Company cannot guarantee that the Platform will be fault-free.
The Company reserves the right, without notice or indemnity, to close the Platform temporarily or permanently, in particular to carry out updates, maintenance operations, changes or changes to operational methods, servers and accessibility times, but this list is not exhaustive.
In addition, Company shall make its reasonable effort to ensure the security and integrity of the Platform and the data stored therein.
However, in the event of a defect in the security of the data and of the Platform, the Company shall not be liable for any damages or compensation in respect of any person; what User recognises and accept.
Moreover, the Company, as an independent operator not acting on behalf of neither Client nor Talent, cannot be responsible for any difficulties which may arise between a Talent and a client at that stage of their cooperation.
ARTICLE 10. Intellectual property
All the elements on the Platform, including the Platform’s interface and its tree structure, shall be the sole property of Company; what Users accept.
Company grants Users a user licence strictly limited to the subject matter of the present and in the country User operates.
Under no circumstances shall this licence authorise Users to reproduce, copy, duplicate, modify, transform or translate the various elements of the Platform.
Furthermore, it is stated that the marks, logotypes, signs and any other element of the Platform belong to Company and cannot be freely reproduced by a User.
User undertakes not to reproduce any of the elements of the Platform.
ARTICLE 11. Insurance
The Company invites any User who wishes to offer his services through the Platform to use the insurance services of an insurance company and to take out a contract there to guarantee his professional liability.
At the very least, it is recommended to take out an insurance policy covering damage that may be caused in the country User operates.
Without prejudice to the foregoing, User is informed that he/she remains free to choose and that in any event, Company cannot assume any risk in respect of him/her.
Company did not take out an insurance policy in respect of the activities of Users using the Platform, in the context of their relations with the Clients before.
ARTICLE 12. Links to other websites and social media
The Platform may occasionally contain links to the websites of our partners or third companies.
ARTICLE 13. Duration
ARTICLE 14. Termination, suspension
Users are hereby informed that any use of the Platform and any service which may be associated with it contrary to these provisions and any applicable rules may result in these being terminated without prior notice.
Company also reserves the right to suspend access to the Platform.
These measures shall not entitle User to any compensation.
Without prejudice to the foregoing, Company remains entitled to claim damages.
ARTICLE 15. Miscellaneous
Once User continues to access and use the Platform, he will be deemed to accept the terms and conditions thus amended.
ARTICLE 16. Applicable law and jurisdiction
These general conditions of use are subject to French legislation.
In the event of a dispute, the parties will make their best efforts to reach an amicable agreement.
Failing that, they intend to submit their dispute to the competent court in accordance with the applicable legislation.