These Terms and Conditions of Use (hereinafter referred to as the Terms) are offered by the company CLUB FREELANCE LIMITED, a company registered in England and Wales under number 9050953, whose registered office is at Biscuit Factory, 100 Drummond Rd, London SE16 4DG, United Kingdom, its email address is contact@mindquest.io and its UK VAT number is GB19 4905473 (hereinafter referred to as the "Company").
The Company provides a platform for connecting job or mission candidates with clients/order givers (the "Platform").
The purpose of these Terms is to define the terms and conditions for accessing and using the Platform by candidates seeking a job or mission in order to connect with any legal or natural person who has created an account and can offer a job or mission.
The Terms must be accepted by any User wishing to access the Platform. They constitute the contract between the Company and the User. Access to the Platform by the User signifies acceptance of these Terms and Conditions of Use.
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 who has created an account and can offer a job or mission for which the registered Users on the Platform can apply.
Platform means the online platform accessible at https://mindquest.io, including but not limited to the aforementioned website, all services that may be offered there, and application software whether or not protected by intellectual property rights.
Talent(s) means any person seeking a permanent job or duly registered with any trade and companies register or any chamber of trades or considered as an umbrella employee who wishes to offer their services to Clients and thus be listed on the Platform.
Timesheet Manager means the application set up within the Platform by Club Freelance allowing Clients to validate the activity reports filled out by the User(s) during a mission.
Users means the Client(s) and/or Consultant(s) registered and listed on the Platform.
ARTICLE 3. Description of the Platform
The Platform is an online IT solution accessible from any computer or phone previously configured and connected to the Internet network.
The Platform offers Talents the opportunity to respond to job offers and/or missions proposed by Clients.
It is also planned that the Platform will allow the pseudonymized publication of Talent profiles.
The Platform also offers Clients the ability to post offers, propose missions, and view Talent profiles (profiles previously pseudonymized by the Company). If a Client is interested in a Talent's profile, they inform the Company, which will organize the connection, including through an interview.
Furthermore, the platform allows Talents on a mission to have their monthly activity report validated by the Client through the Timesheet Manager application. To this end, the Company reserves the right to create a unique identifier for a User to allow validation of the reports.
The Platform is freely accessible anywhere and at any time under the conditions described above to any User with access to a computer allowing access to the Platform.
All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are their responsibility. The Company does not cover these access costs.
ARTICLE 4. Terms of Access and Registration on the Platform
The Platform is only accessible to Users who have previously registered and defined an identifier, a personal password, and validated their registration.
To access the services, the User must create an account by registering for free on the site.
The User must be at least 18 years old and legally capable of contracting and using the Site in accordance with these Terms. The User must provide accurate information and agrees to update it regularly.
Access to the created User account is protected by an identifier and a password chosen by the User during their registration on the Site.
The User is solely responsible for any use that may be made of their identifier and password, and solely guarantees their confidentiality, as well as any use of their account.
If the User provides false or inaccurate data, the Company will be entitled to suspend or close their account and deny access to any service provided by the Company.
ARTICLE 5. User Obligations
Users agree to use the Platform in accordance with its purpose and these Terms and Conditions of Use.
In particular, Users are prohibited from:
Using the Platform in any illegal manner, for any illegal purpose, or in any manner inconsistent with the Terms;
Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing, all or part of the content on the Platform, or decompiling, disassembling, modifying, attempting to discover any source code or using any software that activates or includes all or part of the Platform;
Attempting to gain unauthorized access to the Platform's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform;
Using the Platform for abusive purposes by introducing viruses or any other malicious program and attempting to gain unauthorized access to the Platform;
Infringing on the intellectual property rights of the Company and the service provider;
Disparaging the Platform and/or the Company;
In general, failing to comply with all legal or regulatory obligations that would apply to them de jure and de facto.
Users acknowledge and agree that in the event of non-compliance with the Terms, their access to the Platform may be suspended and/or permanently terminated without notice or compensation and without prejudice to any damages that the Company may be entitled to seek.
ARTICLE 6. Liability
Each User acknowledges and agrees that they are solely responsible and in control of the content they publish through the Platform as well as the exchanges that take place there.
In no case does the Company intervene to ensure a moderation role in this regard.
Users acknowledge and agree that they will not be compensated or obtain any remedy for any reason whatsoever concerning any exchanges or content shared on the Platform, whether they are the originators or recipients.
Disputes between Users must be resolved among themselves without the presence of the Company and without using the Platform.
ARTICLE 7. Relationship between Talents and Clients
As part of the services provided and made available by the Company through the Platform, Talents agree not to solicit Clients directly outside the Platform, in order to avoid recourse to the Company.
Similarly, Clients agree not to solicit Talents directly outside the Platform, in order to avoid recourse to the Company.
Furthermore, Consultants agree to inform the Company of any solicitation or request from Clients with whom they have been connected through the use of the Platform.
Users acknowledge and agree that compliance with this obligation is an essential condition without which the Company would not be able to provide the Platform to Users.
In the event of non-compliance with this obligation, the Company may suspend access to the Platform for a period it determines or terminate it definitively without prejudice to any claim for damages it may seek before any competent court.
ARTICLE 8. User Evaluation
The Company reserves the right to allow Clients to comment and evaluate Consultants. This evaluation is solely for internal and private purposes of the Company.
Under no circumstances can this evaluation be used against Consultants.
The Company guarantees the availability of the Platform under normal conditions of use.
However, the Company reserves the right, without notice or compensation, to temporarily or permanently close the Platform, particularly to carry out updates, maintenance operations, modifications, or changes in operational methods, servers, and access hours, without this list being exhaustive.
Furthermore, the Company guarantees that it will use all means at its disposal to ensure the security and integrity of the Platform and the data stored there.
ARTICLE 10. Intellectual Property
All elements of the Platform, including the Platform interface and its structure, are the exclusive property of the Company; which the Users accept.
To allow Users to use the Platform, the Company grants Users a license strictly limited to the purpose hereof and in France only.
Under no circumstances does this license authorize Users to reproduce, copy, duplicate, modify, transform, translate the various elements of the Platform.
Furthermore, it is specified that the trademarks, logos, signs, and any other elements of the Platform belong to the Company and may not be freely reproduced by a User.
The User agrees not to reproduce any of the elements of the Platform.
ARTICLE 11. Insurance
The Company invites any User who wishes to offer their services through the Platform to use the insurance services of an insurance company and to subscribe to a contract to guarantee their professional civil liability.
At the very least, it is recommended to subscribe to an insurance policy covering damages that may be caused in France.
Without prejudice to the foregoing, the User is informed that they remain free in their choices and that in any case, the Company cannot assume any risk concerning them.
The Company has not subscribed to an insurance policy concerning the activities of Users using the Platform within the framework of their relations with Clients.
ARTICLE 12. Liens vers d’autres sites internet et réseaux sociaux
The Platform may occasionally contain links to the websites of our partners or third-party companies.
Please note that these websites have their own privacy policies, and the Company disclaims any responsibility for how these sites use the information collected when you click on these links. The Company encourages you to review the privacy policies of these sites before providing them with your personal data.
ARTICLE 13. Duration
These Terms and Conditions apply from their acceptance by Users and for the entire duration of the User's use of the Platform.
ARTICLE 14. Termination, suspension
Users are informed that any use of the Platform and any associated service contrary to these terms and any applicable regulations may result in termination without notice.
The Company also reserves the right to suspend access to the Platform.
These measures do not entitle the User to any compensation.
Without prejudice to the foregoing, the Company reserves the right to seek damages.
ARTICLE 15. Miscellaneous
If any provision of these terms is declared null and void for any reason, it shall not in any way affect the validity and compliance of the other provisions.
The Company reserves the right to modify all or part of these terms. The Company will inform Users by posting an updated version of these terms.
As long as the User continues to access and use the Platform, they will be deemed to accept the modified terms and conditions.
ARTICLE 16. Applicable law and jurisdiction
These terms and conditions of use are governed by French law.
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 jurisdiction of the competent court according to the applicable law.
