TERMS AND CONDITIONS OF SERVICE

Freelance-Stack.io
SIRET 908 386 055
40 rue André Bollier, 69007 Lyon, France
help@freelance-stack.io
Effective date or last update: December 11, 2023

1. Definitions

For the purposes of the General Terms and Conditions of Use, the terms below shall have the following definition:

  • GCU means the present general terms and conditions of use applicable to the Services.
  • Personal Data means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.
  • Identifier means the personal identifier associated with the User's account as well as any confidential code or password issued to the User by Freelance Stack and then modified by the User and allowing the User to identify himself in order to access the Services.
  • Regulation personal data refers together to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as from 25 May 2018 (hereinafter, "the General Regulation Data Protection") and the French Data Protection Act n°78-17 of 6 January 1978 amended by Act n° 78-17 of 6 January 1978 relating to data processing, data files and individual liberties, and amended by Act n° 2004-801 of 6 August 2004.
  • Parties means both Freelance Stack and the User.
  • Site means thewebsite www.Freelance-Stack.io
  • User means any natural person who uses the Site and accesses the Services offered by Freelance Stack through the Site.
  • Partner or commercial publisher means any natural or legal person with whom the other party engages, or is about to engage, in a commercial relationship with Freelance Stack through the Site or otherwise.
  • Commercial service provider or commercial agent means any natural or legal person who offers a commercial service and is an independent service provider that a company, trader or other commercial agent engages for the purpose of negotiating and concluding contracts of sale, purchase, rental or provision of services.
  • Service refers to all the tools, physical or electronic products and services offered by the Site www.Frelance-Stack.io to a natural person, legal entity or third party.

Unless otherwise specified in the TOS:

  • Once a word or phrase has a definite meaning, any other form of that word or phrase has a corresponding meaning;
  • Words in the singular include the plural and vice versa;
  • A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code ;
  • If a period of time is specified and goes back to a given day or to the day of acceptance of the TOS, this period of time shall be calculated as including that day.

2. Purpose of the GTCU and current version

The purpose of these TOS is to define the conditions under which Users may access and use the Services.

Any User who accesses the Services offered by Freelance Stack undertakes to comply, without reservation, with these GTC, supplemented, where appropriate, by the CPU. These CPUs are notified to the Users prior to the use of the Services for their express and prior acceptance.

If the User does not agree with all or part of the TOS, it is strongly recommended that the User does not use the Site and Services.

Freelance Stack is free to modify, at any time, the present GTU, in order to take into account any legal, regulatory, jurisprudential and/or technical evolution. The version that prevails is the one accessible online at the following address: https://www.Freelance-Stack.io/cgu. The same applies to any CPUs accessible online at the Services address. All Users are therefore required to refer to the version available online at the date of their access to and use of the Services.

The User is expressly informed that the only authentic version of the Terms and Conditions of Use of the Services is the one that is online on the Site, which he acknowledges and accepts without restriction, undertaking to refer to it systematically each time he connects.

3. Capacity

Use of the Services is reserved for Users who are natural persons capable of subscribing to obligations in accordance with French law or by whom it has been mandated for this purpose.

The User may use the Services on behalf of third parties over whom he or she has parental authority or for whom he or she is recognised as a tutor or curator in accordance with French law.

4. Information, responsibilities and warranties relating to means of access to services

Freelance Stack puts in place the necessary means for the proper functioning of the Services. Freelance Stack takes the necessary measures to maintain the continuity and quality of the Services.

The User acknowledges that his use of the Services is at his own risk. The Services are provided "as is" and are accessible without any guarantee of availability and regularity. days However, Freelance Stack will endeavour to make the Services available 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond Freelance Stack's control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malicious intent or any damage to Freelance Stack's hardware or software.

Freelance Stack cannot be held responsible for disruptions to the Internet network due to force majeure as defined by the case law of the Cour de Cassation (French Supreme Court) and due to maintenance operations of the Services planned by Freelance Stack. Freelance Stack cannot also be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by Freelance Stack.

More generally, Freelance Stack cannot be held responsible for any interruption of the Services, whatever the cause, duration or frequency of this interruption.

Transfer rates and response times of information flowing from the Freelance Stack platform to the Internet are not guaranteed by Freelance Stack.

The User acknowledges that the speed of transmission of information does not depend on the Services offered by Freelance Stack, but on the inherent characteristics of electronic communications networks and the technical characteristics of his connection method (cable, ADSL, 3G, 4G etc.) and his Internet access.

Freelance Stack shall in no case be liable to compensate for any indirect damage suffered by the User in connection with the use of the Services. Indirect damages are those which do not result exclusively and directly from the failure of Freelance Stack's Services.

Furthermore, Freelance Stack cannot be held liable for acts performed by the User or a third party using the Services.

Any software, downloaded by the User, or obtained in any other way while using the Service, is at the User's own risk.

5. Service information

The Site offers the User the possibility of using several services described in the special conditions of use.

The Services are provided to the User free of charge (basic / free formula) and paid for in the form of a premium offer according to the services offered described in the special conditions of use.

Nevertheless, the equipment (in particular computer, telephone, software, electronic means of communication) enabling access to and use of the Services are at the exclusive charge of the User, as are the electronic communication costs (in particular telephone costs, Internet access costs) resulting from their use. It is up to the User to obtain information the price of use of the said equipment or services from the operators concerned. The User is solely liable for their prices.

Furthermore, the User acknowledges that the Site refers to paid services. In particular and for example, following a booking of a consultancy service made through the Site's Coaching Service, the User acknowledges and accepts that the service provided by the Provider is subject to a fee. Where Freelance Stack provides details on its Site of the fees of the Professional Intermediary, this information is provided for information purposes only and for convenience. In no event does Freelance Stack guarantee the accuracy of such information.

6. Service description

Users registered on the Site have access to the Services described below. The Services available to entrepreneurs, freelancers and entrepreneurs who have taken out a subscription (hereinafter referred to as the: "Subscription"), as well as their rights and obligations, are also described in the special conditions of use, which can be consulted on the Site.

Freelance Stack provides its users with a database of tools and services and other information which they can consult a set of data, results or analyses as well as the possibility to compare this information with each other. Users expressly acknowledge and agree:

  1. that they may not copy/duplicate/print or sell the information the Freelance Stack Site, which remains the sole owner.
  2. that their search results can be limited to a maximum number of users and according to their subscription status (basic or premium) defined by Freelance Stack.
  3. that Freelance Stack will not be held responsible for any misinformation, analysis or error on the Site. Freelance Stack undertakes to do its best to provide transparent, free and unaltered information to its users.

6.1 Contacting service providers

Freelancers can ask to be put in touch with independent service providers, with whom Freelance Stack has concluded a partnership agreement.

This Matchmaking Service is accessible only within the framework of a Premium Subscription, according to the terms and conditions described in the special terms and conditions.

This connection may be subject to a charge depending on the case. The terms and conditions will be automatically specified to the subscriber before the connection is made.

6.2 Customized services

At the request of a user, Freelance Stack can provide personalised support and advice.

These services are provided by Freelance Stack outside the Site. The terms and conditions, particularly financial, of their realization are the subject of a separate agreement between Freelance Stack and the third parties concerned (individual, legal entity or other).

6.3 Other services

Freelance Stack reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to render said Services.

6.4 Free services

Subject to the provisions applicable in the general and special terms and conditions, the Services are provided free of charge, even if certain services are reserved for the Site's Premium Subscribers.

7. Registration and access to the service

After the User has requested the creation of his account, Freelance Stack issues the User with Identifiers so that the User can access his User account. When requesting to open a User account, the User provides true, accurate, up-to-date and complete information his identity as requested in the internet form. In particular, the User undertakes not to create a false identity that could mislead Freelance Stack or third parties and not to usurp the identity of another individual. The User undertakes to immediately update, in case of modification, the data he/she has initially communicated.

In the event that the User provides false, inaccurate, outdated, incomplete or misleading information, Freelance Stack may, immediately and without notice or compensation, suspend or terminate the User's account and deny the User access, temporarily or permanently, to all or part of the Services.

The User's account includes in particular his/her Identifiers and is under the exclusive responsibility of the User. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User's identification elements is lost or stolen, the User must inform Freelance Stack without delay, which will then proceed with the immediate cancellation and/or update of the Identifier concerned.

The User is solely responsible for the use that is made of his or her Identifiers, even if the User pre-registers his or her Identifier on his or her computer, mobile phone or any other type of equipment, thus allowing automatic connection to the Services.

Any access, use of the Services and transmission of data made from a User's User account will be deemed to have been made by the User. The User is entirely responsible for safeguarding the confidentiality of the User's Identifiers. In this respect, the User is required to ensure that at the end of each session he or she effectively disconnects from the Services, in particular when accessing the Services from a public computer.

Any loss, misappropriation or unauthorized use of a User's Credentials and the consequences thereof are the sole responsibility of that User. In all the cases mentioned above, the User is required to notify Freelance Stack, without delay, by email to help@freelance-stack.io, so that Freelance Stack can proceed with the reset of the User account.

Each User can terminate the plan account at any time by contacting Freelance Stack by email at help@freelance-stack.io

8. Third-party sites

In the event that the Services contain hyperlinks to websites operated by third parties (hereinafter the "Third Party Sites") over which Freelance Stack has no control, Freelance Stack assumes no responsibility for the content of the Third Party Sites or the content to which the Third Party Sites may link. The presence of hyperlinks to Third Party Sites does not imply that Freelance Stack endorses in any way the content of the Third Party Sites. Freelance Stack is not responsible for any changes or updates to the Third Party Sites. Freelance Stack is not responsible for the transmission of information from the Third Party Sites or for the malfunction of the Third Party Sites.

9. Intellectual property

The Freelance Stack Services and all the elements of which they are composed are, unless otherwise specified, the exclusive property of Freelance Stack. All trademarks and logos belonging to Freelance Stack may not be used by the User without the prior written consent of Freelance Stack.

Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the Freelance Stack Services or of any of the elements of which they are composed is forbidden, as is their alteration. In this respect, the User is prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or languages, placing on the market, free of charge or for a fee, or marketing all or part of the Services provided by Freelance Stack or any of the elements of which they are composed, regardless of the means or medium used. No stipulation of the GCU can be interpreted as a transfer of intellectual property rights, whether tacitly or in any other way.

10. Protection of personal data

Freelance Stack expressly invites the User to consult its policy on the protection of personal data, which is an integral part of these GTC.

11. Cookies and IP address

Freelance Stack expressly invites the User to consult its policy on the protection of personal data, which is an integral part of these GTC.

For further information, you can always consult our page dedicated to the protection of personal data. You can also express all your consents by accepting or rejecting cookies from the dedicated module at the bottom left of your screen (service offered by CookieYes).

At the request of the judicial authorities, Freelance Stack may transmit the IP address of the User, so that the latter can be identified in cooperation with his Internet access provider.

12. Force majeure

There is force majeure when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of acceptance of the GCU and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

The case of force majeure suspends the obligations of the party concerned during the time of the force majeure if this event is temporary. Nevertheless, the Parties shall endeavour to minimise the consequences as far as possible.

Failing this, if the impediment is definitive, the parties shall be released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.

13. Evidence agreement

Messages received by fax or electronically and more generally electronic documents exchanged between Freelance Stack and the User are original writings within the meaning of Article 1366 of the Civil Code, i.e. as having the same value as that given to the original. Faxes or electronic writings should be kept in such a way that they can constitute faithful and durable copies within the meaning of Article 1379 of the Civil Code.

14. Waiver

The fact that one or other of the Parties does not avail itself of one or more of the provisions of the GCU shall in no way imply the waiver by that Party of its right to avail itself of such provisions at a later date.

15. Partial nullity

In the event that certain provisions of the TOS are inapplicable for any reason whatsoever, including because of an applicable law or regulation, the parties will remain bound by the other provisions of the TOS and will endeavour to remedy the inapplicable clauses in the same spirit as that which governed the conclusion.

16. Applicable law and jurisdiction

The User is informed that the Site is intended for patients residing in France and is subject to French law. Therefore, by browsing the Site or using the services of Freelance Stack, the User is subject to French law.

Any difficulties relating to the validity, application or interpretation of the GCU shall be submitted, failing an amicable agreement, to the Tribunal de Grande Instance de Lyon, to which the Parties attribute territorial jurisdiction, regardless of the place of performance or the domicile of the defendant. This attribution of jurisdiction shall also apply in the event of summary proceedings, multiple defendants or an appeal in warranty.

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