Talenteum Terms and Conditions of Sale and Use

 

1.) Subject

The purpose of these Terms and Conditions of Sale and Use (GTCU) is to define the terms and conditions for the provision of services of the website www.talenteum.com, hereinafter referred to as "the Site" and the conditions of use of the Site by the User, which are concluded between  :

Talenteum (Talenteum) on the one hand,

and

The Site User www.talenteum.com on the other hand.

Any access and / or use of the Site implies the acceptance and the respect of the whole terms of these conditions and their unconditional acceptance. They constitute a Contract between the Site , the Service and the User.

In the event that the User does not wish to accept all or part of the present general conditions, the User is enjoined to give up any use of the Site.


2.) Definitions

Entity  : The Entity means any legal or natural person using the Site for strictly personal purposes, in order to to be put in contact with one or more Talents with a view to entrusting him with one or more Collaboration (s).

Talent: Talent refers to any natural or legal person, registered with the competent authorities of his country. of residence, to exercise a micro-entrepreneur or independent activity, under the legal conditions of his country of residence, and who offers his services within the framework of Collaborations proposed by the Entities via the Site.

Collaboration   Collaboration refers to the task (s) entrusted by an Entity to a Talent and carried out by it.

User: The User is any person who uses the Service or any of the services The term encompasses both Entities and Talents.

Co ntenu User: The term "User Content" refers to the data transmitted by the User in the various sections of the Site.

Services  : Services refers to all the services provided by the Company on the Site, and in particular Talent and Entity mediation, the provision of payment tools, the preparation and printing of invoices, as well as services to support the Entity in research and development. selection of Talents for the accomplishment of the Collaboration.


3.) Subscription to the Site

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 be legally able to contract and use the Site, in accordance with these CGVU.The User is required to provide accurate information, that it undertakes to immediately update in case of change.

Access to the account is created and protected by an identifier (the e-mail address of the User) and a word password defined by the User when registering on the Website.The User is solely responsible for any use that may be made of his username and password, and the sole guarantor of their confidentiality and any use of his account.

In order to be registered as a Talent on the Site and to be visible to the Entities, the Talent is also obliged to inform Correctly and completely complete the Application Form, and update its Profile.

In order to use the Services, the Talent also agrees to upload the required documents to the Site in order to comply with its legal, accounting and tax obligations, including, where applicable, a billing mandate with Talenteum.

In the event that a User provides false, inaccurate, expired or incomplete data, the Company shall have the right to suspend or terminate its account and deny it, in the future, access to all or part of the Services.


4.) Description of the Services and operation of the Site

The Services include:  

  • facilitated linking between Talents and Entities  
  • The provision of a payment solution solution  
  • The preparation and editing of invoices Collaborations carried out by the Talent  
  • The establishment of services for the Entities, namely  :
    • Talent presentation interface  
    • Selection and interview tools  
    • Provisioning and billing and settlement solutions  
    • A collaborative interface  
    • A library of training available for use by Collaborators.

The entity subscribes to the Site and consults the Talents.

It specifies the specificities that it looks for in terms of skills, time , of duration ...

She comes in contact and interviews those of her choice, within a Short-list.

Once the Talent selected, and if the latter is interested by the Collaboration proposed by the entity, the Collaboration can begin.

The entity then funds its account of the amount of the Collaboration.

Every month, at the end of the month, Talenteum charges the Entity for Talent intervention.

Talenteum collects the billed amount.

If there is no objection, the Collaboration of the month is validated and Talenteum takes care of the reversion to the Talent, after deduction of the applied services charges.

 


5.) Access to the Site and Services

The Site is accessible 24/7, for all Users

Access to the Site and Services is restricted to Registered Users only.

Talents must have uploaded, on their profile, the required documents concerning them in order to satisfy their needs. legal, accounting and tax obligations.

Every User, wherever he resides, is bound to respect all the obligations of the country where he resides in accordance with the laws relating to his status.

p> However, the Company reserves the right, without notice or compensation of (non-exhaustive list)  

  • temporarily or permanently close the Site  
  • close or reduce access to one or more Services, as part of an update or functional changes including  
  • change operating modes  
  • modify hours of ccessibility

 .


6.) Services Prices

The registration and use of the Site are totally free for Talents.

p> The entity pays a service fee for the use of the Talenteum Site, during the implementation of the Collaboration.


7.) Payment system

The payment of the amount of the collaboration is made by transfer.

Talenteum receives the payment and the reversion to the Talent.

The Users contract directly with the payment system and declare to accept the general conditions.


8.) Evaluation and Recommendation System

At the end of each Collaboration, Entities and Talents are encouraged to evaluate each other. The evaluation left by an Entity may appear on the Talent page.

Similarly, the evaluation left by a Talent may be visible to other Talents.

Each Talent has the faculty to recommend a friend, a member of his family, a colleague ... or even an Entity which he knows is in search of a Talent.


9.) Disputes

In the event that the Collaboration is canceled on the initiative of the Entity or the Talent, a delay notice provided for in the Contract will be applied.

In the event of a disagreement between the Entity and the Talent on the smooth running of the Collaboration, both parties undertake to inform the Company and to make every effort to find an amicable agreement, within one month, so the Company can intervene to try to propose a solution to both parties.

Failing an agreement reached within this period, the notice period stipulated in the Contract will be applied, and the Entity and the Talent will make their personal case for the settlement of their dispute.


10.) Commitments

The User agrees to use the Site and the Services in accordance with the laws in force, and with these CGVU.

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In this regard, the User acknowledges that for the sole purpose of verifying compliance with these Terms and Conditions and applicable laws, the Company may take cognizance of any Content posted, communicated and exchanged on and through the website. Site.

Similarly, the User acknowledges that the Company may intervene to moderate the Content published in the event that they do not comply with the laws and regulations in force, as well as the obligations of Users under GCVU.

The User undertakes to carry out all the declarations and formalities necessary for his activity, and to fulfill all his legal, accounting, social, administrative and tax obligations, and all specific obligations incumbent upon it as appropriate, in accordance with the law and / or the legislation of the country on which it depends, in the context of its activity and the use of the Services.

In case of request, the User undertakes to provide, without delay, to the Company, any document proving that it fulfills the conditions set out in the present CGVU. Also, he is the only one responsible for the good fulfillment of the aforementioned formalities and which incumbs on him. As such, the responsibility of the Company can not be engaged.

The User agrees to make fair use of the Site and in particular not to circumvent the Site and its Services.

Similarly, any User is prohibited from proceeding with any extraction of any or part of the content of the site, for a similar or competing activity, or for recruitment purposes.

The Entity undertakes to propose a serious and sufficiently detailed offer of collaboration to the Talent (s). s) and to the Company, with a view to obtaining an appropriate response, particularly financially. As such, the Entity undertakes to provide any necessary clarification so that the description of the offer of Collaboration is as faithful as possible and does not induce the Talent or the Company in error.

The Entity also refrains from using the Services and the Site to promote its business or that of a third party. As such, it undertakes in particular not to send advertising messages to Users of the Site, nor to solicit them.

The entity undertakes not to request the cancellation of its payment to its banking institution, during the Collaboration.

The entity admits that the validation of its Collaboration by the Company acceptance of the Collaboration and irrevocable payment order for the benefit of the Company and / or the Talent. By this validation, she declares the Collaboration complies and definitively renounces any claim or appeal against the Company and / or the Talent.

In the event that an Entity has not validated a Collaboration at the end of this one, at the end of a given month in particular, and without answer from him to the reminders of the Talent and / or the Company, it recognizes that the Company will be entitled to consider the Collaboration validated after two unsuccessful attempts, made by any means, for example, by e-mail addressed to     the e-mail address of his / her user account.

The talent commits itself to preserve the confidentiality of the exchanges which it would have had with the Entity, and information which could have been transmitted to it or whose he would have known during a contact via the Site, having given rise or not to a Collaboration. Users are prohibited from sharing, with any third party, in private or on social networks, any exchange, information or excerpt from the messaging of the Site and / or its various functionalities.

The Talent undertakes to collaborate only intuitu personae   it is prohibited to subcontract all or part of the Collaboration to a third party. In the event that the Talent exercises in a social form other than a personal one, only the manager, the president or the partner of the structure, natural person, can invoice. He thus undertakes to create a profile on the Site and to carry out the Collaboration personally.


11.) Responsibilities

User, Entity and Talent Responsibility

The User is alone responsible for the direct or indirect damage that it is likely to suffer due to inaccurate, incomplete and / or misleading information that it would provide when it was registered, or in the absence of updated information, which it assumes only the consequences.

He acknowledges and accepts that any notification under the terms of these CGVU can be made to him by means of the address email of contact informed during the creation of his profile on the Site.

The User is solely responsible for all the information and Content that he chooses to put on the Site.

The User expressly forbids himself from publishing all content offensive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and morality, counterfeit, port or likely to endanger the public order or the rights of third parties, the reputation and image of the Company and more generally, the content of which would violate the law and / or regulations, including criminal law.

The Entity is solely responsible for the description of the Collaboration Offer for which it seeks the Company. In the event of an error in the description of the proposed Collaboration, the Entity alone will assume the necessary additional additional services and the associated additional costs, by formalizing with the Talent an additional Collaboration, through the Company.

The User is solely responsible for Collaborations that he contracts through the Talenteum Site with another user, and their executions. The Company intervenes only to put them in relation and to ensure a tripartite agreement through, if necessary, a salary portage.

The conclusion and execution of this Collaboration, which takes place directly between a Talent and an Entity, is at the initiative and under the exclusive responsibility of the latter.

 

The Talent recognizes that the tools and technical means put at its disposal by the Company do not relieve it of its responsibility as for the legal obligations incumbent on it. In particular, it acknowledges that it retains full responsibility for its legal and tax obligations with regard to remuneration and / or billing, particularly as regards its VAT reporting and payment obligations when its status implies it.

Corporate Responsibility

The Company makes every effort to ensure the access and the proper functioning of the Site and the Services 24 hours a day, 7 days a week.

Nevertheless, given the limitations linked to the Internet, the Company can not exclude that the access and the functioning of the Site and the Services are interrupted in particular in case of force majeure, malfunction of the User's equipment, malfunctions of the User's Internet network, maintenance operations intended to improve the Site and the Services.

Consequently, the Company can not be held responsible for an interruption of the Services, whether voluntary or not, it being understood that it undertakes to make every effort to limit the interruptions that would be attributable to it.

The Company provides Talents and Entities with tools and technical means to connect them through the Talenteum Site. Its responsibility is limited to the provision of these means, as described in these CGVU, and the linking of Talents and Entities to allow Collaboration.

The Company and the User are parties independent, each acting in his own name and on his behalf.

At the very most, the Company organizes the Collaboration, collects the amount relating to the payment and the reverse to the Talent minus the service charges.

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During the Talent Salary Portage by the Company, this is a tripartite agreement which implies the existence of a commercial contract between Talenteum and the Entity, the time of the Collaboration and the salary transfer .  

Consequently, each User releases the Company from any responsibility for the direct or indirect consequences resulting directly or indirectly from the linking, conclusion and / or execution of Collaboration between a Talent e an entity.

In this respect, the Company can not be held responsible for any cancellation of payment or revocation of a debit authorization at the initiative of the Entity alone, and the consequences that may result therefrom.

The Company makes every effort to ensure the content and validity of the information and documents provided by the Talents on the Site. However, the Company can not be held responsible, in any way whatsoever, for breaches of the obligations incumbent on them, in particular in the fight against hidden work and the respect of rules of transparency, as well as the damage that may result. .

Thus, the Company can not be held responsible for false, misleading or expired information communicated to it by the Talent.

Similarly, the Company reserves the right to not to transmit to Talents the messages of Entities, and conversely, the Talents messages to the Entities, when they do not respect the conditions of use of the Site.


12.) Insurance

The Company has subscribed a "civil liability " insurance policy.

The details of the guarantees subscribed (including nature, limits, deductibles etc ...) and special conditions of Coverage of the policy underwritten by the Company may be requested from the Company.

 

The Company can not be held responsible for any failure to apply the policy. insurance to any damage whatsoever.

The Talent also recognizes that it is free to subscribe to professional liability insurance on its own behalf.

 


13.) Personal data

The User is informed that the Company carries out automated processing of the User's personal data. including when connecting to the Site, registering for the Site or using the payment system.

The Company is the recipient of personal data collected through the Site. undertakes to use all means to ensure the security and confidentiality of such data.

These data are intended to enable the Company to make the Services accessible to the User and are also used for for statistics, direct commercial prospecting and sending newsletters.
The information and documents collected are not resold to third parties.

They are only communicated to the company Talenteum within the framework of transparency rules.
The Company co nserve the data for a period of five years from the closure of the account of the User.

The User has a right to access, modify, rectify and delete data. personal data concerning him.

The User may also oppose this treatment for legitimate reasons.

To exercise his rights, the User can simply write to the following email address " partnership   (@) talenteum.com "
The User is also informed that all the servers of the Company on which these data are stored and those of the providers used to exchange and store these data are all located in Europe. Failing this, or in a back-up logic, they are in the United States, if necessary.

 


14.) Cookies

For the proper functioning of the Site and the Services, cookies are placed on the User's computer during of his connection to the Site.

Cookies record information relating to navigation (pages consulted, date and time of the consultation, etc.) and the identification of its Users.

< p> The shelf life of cookies installed by the Company is 6 months.

However, the User has the possibility to oppose the use of cookies by configuring his browser software.

 


15.) Intellectual property

The Site and each of the elements that make it up, including but not limited to, the texts, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Company or that of its partners.

These elements are protected by the laws relating to the intellectual property and other, including copyright.

Any reproduction or representation, in whole or in part, of the Site or any of its constituent elements, without the authorization of the Company, is prohibited.

Content protection

Any User who publishes Content on the Site retains full responsibility for all that he publishes.

By creating a profile or leaving recommendations on the profiles, the User expressly authorizes the Company to use, broadcast, ebb erger, store, reproduce, communicate, publish, modify, adapt, translate and display these Public Content on the Site, social networks, blogs operated by the latter and / or on any other media (including physical and digital, press kits , commercial media, promotional and / or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and the Site or for the purposes of setting up partnerships. This authorization is valid for the entire world and for the duration of the registration of the User.

The User acknowledges that any use of its Content made by the Company prior to its unsubscription, the deletion or the termination of his account can not be questioned.

 


16.) Hypertext links

The User is authorized to create one or more hypertext link (s) pointing for example to the home page of the Site or its profile page if it is a Talent.

Users are forbidden to create any link from sites that do not comply with the legislation or that would be prejudicial to the interests, reputation and / or image of the Site and the Company.

In any case, the Company reserves the right to terminate this authorization at any time if it appears to him that the link established with the Site is likely to harm his interests, his reputation and / or his image.

In any case , the existence of a hypertext link from a third site to the Site does not imply a cooperation and / or a partnership between the Site and this third party site.The Company has no control over the websites of third parties and therefore assumes no liability for the content and products and / or services available on or from such third-party sites with a hypertext link to the Site.

The Site may contain links to partner sites of the Company or to third party sites. The Company has no control over these sites and therefore assumes no liability for the availability of these sites, their content and the products and / or services available on or from these sites.

p> The Company shall not be liable for any direct or indirect damages that may arise in connection with the User's access to the partner's website and / or the third party and the use of the content and the products and / or services. of this site by the User.

 


17.) Duration, termination and sanctions

This contract is concluded for an indefinite period from the acceptance of the CGVU by the l 'User.

In the event that the User does not comply with these GCVU, in particular by not providing the information required for the proper use of the Site, and / or commits any breach of the laws and regulations and five days after informing the User through the Website and / or e-mail, the Company shall be entitled to suspend or close the User's account, automatically and fully right, and to deny him, in the future, access to all or part of the Services, without prejudice to any damages and interest that the Company would be entitled to claim.


18.) Customer Service

For any question or information about the Site and the Services, the User may contact the Company via the section "  contact  " on the Site or by sending him an email.

The User can also find answers to his questions by phone.

 


19.) Nullity - Waiver

In the event that any of the clauses of the present contract would be declared null and void by a change of legislation, regulation or by a court decision, this can not in any way affect the validity and the respect of the present CGVU.

The defect for the Company to exercise the rights which are recognized to him hereunder does not constitute a waiver of his rights.

 


20.) Modification of the CGVU

The Company reserves the right to modify all or part of the present CGVU.

The Company will inform the User of the modifications made to these CGVUs as soon as they are posted on the Website and the User is invited to refer to these CGVUs on a regular basis to keep abreast of any changes made.

In the absence of adhesion to the new CGVU, the User has a period of 24 hours from the date of notification to inform the Company by email.

In the event that the User has not notified his disagreement within the time period specified above, it will be considered that the modifications have been accepted.

 


21.) Governing Law and Jurisdiction

These General Conditions are subject to Mauritian law and all disputes relating to their formation, conclusion, interpretation and / or execution falls within the exclusive jurisdiction of the courts within the jurisdiction of the Commercial Court of Port-Louis.

Date of the last modifications  : July 2018