Conditions générales d’utilisation
These general conditions of use (hereinafter referred to as the “GCU”) are entered into between :
– Varlorys
, a limited liability company, registered in the Fez Trade and Companies Register under no. 72621, whose registered office is located at El Atlas, 16 rue Acila, résidence bureaux al madina 3, Fez, Morocco (hereinafter referred to as “the Company”).
And
– The User of the Site https://www.jobbers.io.
PREAMBLE
The Company operates an Internet Site accessible at https://www.jobbers.io, dedicated to putting Freelancers and Professionals in contact with customers seeking services.
The purpose of these GCU is to govern the terms and conditions of use of the Site, as well as to define the rights and obligations of the Users connected on the Site.
Any access to and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these GCU.
I – DEFINITIONS
Site: refers to the website whose address is https://www.jobbers.io, the mobile application and, depending on the context, the Varlorys company.
Content: refers to all statements, messages or information of any nature whatsoever (text, images, videos, photographs, comments, trademarks, company names, etc.), placed online by the Site or by a User on the Site.
Users: refers to Freelancers, Professionals and Customers, as well as any other Internet user visiting the Site.
Customer: refers to any individual or legal entity using the Site to contact or be put in contact with one or more Freelancers or Professionals in order to entrust them with the fulfilment of a Project.
Freelancer or Professional: refers to any individual or legal entity registered on the Site and offering its services to Customers via the Site.
Features: refers to all the tools and options provided by the Site to enable Freelancers, Professionals, Users and Customers to connect.
Project: refers to the work to be carried out entrusted by a Customer to a Freelancer or Professional.
Service: refers to the work or task mastered and performed by a Freelancer or Professional registered on the site.
Paid Option: refers to any paid offer on the Site in order to grant advantages to the Professional or Customer.
Support Center: refers to the support system set up by the Site to respond to requests for assistance.
II – SITE REGISTRATION
2.1 In order to access the Site’s Features, the User must create an account by registering free of charge on the Site.
The User must be at least 18 years of age and legally capable of contracting and using the Site in accordance with these GCU. The User is required to provide accurate information, which he/she undertakes to update immediately in the event of any changes.
Access to the account created is protected by a login and password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his login and password, and is solely liable for their confidentiality, as well as for any use made of his account.
2.2 In order to be listed as a Freelancer or Professional on the Site and to be visible to Users, the User is also required to provide accurate and complete information about his or her profile (description, photos, address, etc.), as well as information about the services he or she offers and has mastered.
The Freelancer, Professional and Customer undertake not to publish their personal or professional details in inappropriate fields with a view to disclosing them.
2.3 Freelancers and Professionals. After each registration OR profile modification, the account and associated services are no longer online. The action taken (registration or modification) must be validated by our administrators for the profile and associated Services to be visible online again. If a Service is added or modified, only the latter is put on hold pending validation, and the profile remains visible online.
2.4 Users registered on the Site must verify their phone number AND/OR email in order to have access to all of the platform’s functionalities.
2.5 Regarding customers. After a Project has been published, modified or renewed, it is put on hold for validation and must be validated by our administrators before it can be viewed online.
2.6 The Site reserves the right to modify all profiles, Services and Projects in order to remove personal or professional details prior to publication online.
2.7 In the event that the User provides false, inaccurate, out-of-date or incomplete data, the Site shall be entitled to suspend or close the User’s account and to refuse the User full or partial access to the Site in the future.
III – DESCRIPTION OF SITE FUNCTIONS AND OPERATION
Once registered, the User can benefit from the Site’s Features.
These features include
– Facilitated contact between Freelancers, Professionals and Customers.
– Communication and follow-up tools.
How the Site works:
1/ The Customer posts a requirement describing the details and methods of carrying out the work.
2/ Freelancers and Professionals send their service proposals based on the nature of the task to be carried out and the budget mentioned.
3/ The Customer contacts the Freelancers and Professionals by telephone, e-mail and internal messaging to support his choice.
N.B : The Customer can also search directly for a Freelancer, Professional, Service via the Site’s search engine without having to post a Project.
IV – SITE ACCESS AND FUNCTIONALITIES
Access to the Site’s functionalities is reserved exclusively for registered Users. Users are personally responsible for setting up the IT and telecommunications resources required to access the Site. They are responsible for all telecommunication costs incurred in accessing the Internet and using the Site.
The Site is accessible 24 hours a day, 7 days a week for all Users. We reserve the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more Features in order to update, modify or change operating methods, servers and access times, without this list being limitative. The Site reserves the right to make any modifications and improvements it deems necessary or useful for the proper operation of the platform and its Features.
V- PRICE OF FEATURES
The prices of the functionalities offered by the Site may be subject to change over time. Discounts may also be applied.
PAID FEATURES ON THE SITE :
Connections Pack: enables a Freelancer or Professional to offer his Services to a larger number of Customers.
Professional Packs: allow Professionals to boost their profiles by displaying their contact information, raising their profile in search results and other benefits depending on the pack chosen.
Service Packs: allow Professionals to boost their services by displaying their contact information, ranking their service in search results and other benefits depending on the pack chosen.
Contact Packs: allow Professionals, Freelancers and Customers to display a Professional’s contact details (phone number + email) in their profile or services for professional purposes. The Professional may not authorize the display of any or all of the above-mentioned contact details, in which case they will not be displayed. Simply access your account and uncheck the corresponding box.
Projects Packs: enable Customers to boost their Projects by displaying their contact information, ranking their Project in search results and other benefits depending on the pack chosen.
Packs for contacting a customer via a published Project: enables Professionals to display the contact details (phone number + email) of a Customer via a Project published on the Site in order to offer their services within the specifications of the posted Project. The display of contact details is activated by default for each published Project. However, the Customer may refuse to authorize the display of his phone number AND/OR email by taking a visibility pack and unchecking the contact details display boxes on the Project add or modify page.
In the event of a display of contact details, we are in no way responsible for the inaccuracy of the information displayed. Please note that we make every effort to ensure that our profiles contain the correct information.
N.B.: This list is subject to change over time, as we are still working on the introduction of other paid features.
VI- PAYMENT TERMS
The activation of a Paid Option will be definitive only after payment of its price.
The User may pay for a Paid Option in the following ways:
- Payment through the “partner money transfer network”: The User may go to any of the approved points of sale of the “partner money transfer network” to pay by cash.
The User must email us his payment receipt together with his order number in order to activate his chosen Paid Option. Activation will only take place once the money has been received on the Site’s account. - Payment by bank transfer: The User may make a bank transfer from his bank to the Site’s bank in order to pay for a Paid Option.
The User must email us the bank transfer receipt together with the order number in order to activate the chosen Paid Option. Activation will only take place once the money has been received in the Site’s account. - Payment by PayPal: The User may pay via PayPal if he/she has an account allowing him/her to do so.
- Secure online payment by CMI: After choosing the Paid Option, the User will be redirected to the secure [CMI] interface, where he/she can securely enter his/her bank details. If payment is accepted, the Paid Option is activated.
In the case of payment by credit card (CMI), the amount displayed in currency (for example, $) will be converted into MAD (Moroccan Dirham). The exchange rates will vary based on daily rates.
We are in no way responsible for the fraudulent use of a means of payment by a User for the purchase of a Paid Option on the Site. In this respect, we are not in a position to communicate any information to any institution whatsoever.
Any payment fraud on the Site will be punished by the cancellation of the order and possibly the blocking of the User.
Subject to the exercise of his right of withdrawal, the User may not request the cancellation of a paid Option for any reason whatsoever, once it has been activated.
VII- RIGHT OF WITHDRAWAL IN THE EVENT OF PAYMENT
In accordance with the law n°31-08 promulgated by Dahir n°1-11-03 dated February 18, 2011 and relating to consumer protection (“Consumer Protection Law”), each User who has purchased a Paid Option from the Site, may exercise his right of withdrawal within 7 (seven) clear days from the validation of the purchase, without having to justify any reason, nor be liable for compensation or penalty. However, we will only refund the remainder, given that this is a service and the User has already begun to benefit from the advantages of the paid Option (Example: The User has taken a one-month pack and withdraws after 6 days from the date of purchase, in which case we will refund the amount corresponding to 24 days).
Cancellation resulting from the aforementioned right of withdrawal will give rise to a total or partial refund at the latest within 15 (fifteen) days following the date on which this right was exercised.
VIII- EVALUATION AND RECOMMENDATION SYSTEM
At the end of each project, the Customer can evaluate the performance of the Freelancer or Professional.
Evaluations give an indication of the quality of the service provided, the skills used to meet the Project, and the Customer’s final satisfaction.
The number of evaluations enables the Freelancer or Professional to benefit from better referencing on the Site, according to the criteria chosen by Customers.
IX- DISPUTES
The site is in no way responsible for the collaboration between Freelancers, Professionals and Customers, but may be able to help resolve any disputes on a voluntary basis. Collaborators are invited to report any disputes to the appropriate Moroccan authorities.
The site only connects Freelancers, Professionals and Customers. We do not intervene in the modalities of realization and payment of a task. Users must ensure themselves of the person they are calling upon on the Site and take full responsibility for their actions.
X – COMMITMENTS
10.1 The User undertakes to access and use the Site and the Functionalities in accordance with the laws in force and the present GCU. In this respect, the User acknowledges that, for the sole purpose of verifying compliance with these GCU and applicable laws, the Site may take cognizance of any Content published or exchanged.
10.2 The User undertakes to carry out all declarations and formalities required for his activity, and to meet all his legal, social, administrative and tax obligations and any specific obligations incumbent upon him under Moroccan law and/or the foreign legislation to which he is subject, in the context of his activity and the use of the Functionalities.
In the event of a request, the User undertakes to provide the Site, without delay, with any proof that he/she meets the conditions set out in the present article. The User is solely responsible for the proper completion of the aforementioned formalities. The Site may not be held liable in this respect.
10.3 The User agrees not to publish on the Site pages accessible to other Users (in particular on the Freelancer or Professional profile page, discussion forums, etc.) any “contact information” such as a telephone number or e-mail address. The following are exempt from this prohibition: fields reserved for contact information and in the case of sending service proposals to a Customer.
10.4 Users undertake to make fair use of the Site and the Functionalities, and expressly forbid themselves from circumventing the Functionalities and the Site. Consequently, all Users undertake not to extract any content from the Site for a similar or competing activity, or for recruitment purposes.
10.5 The Customer undertakes to post a serious and sufficiently detailed requirement to the Freelancer(s) or Professional(s) with whom he/she enters into contact via the Site with a view to obtaining a quotation.
In this respect, the Customer undertakes to provide the Freelancer(s) or Professional(s) with all necessary details so that the description of the Project is as accurate as possible and does not mislead the Freelancer(s) or Professional(s).
On the other hand, the Customer undertakes not to contact a Freelancer or Professional for a Requirement which it does not intend to meet, for whatever reason.
10.6 The Customer, Freelancer or Professional agrees not to send advertising messages to Users of the Site in order to solicit them for off-Site use.
10.7 Freelancers and Professionals undertake to master all the Services they offer to customers.
XI – LIABILITY
Liability of Users, Customers, Freelancers and Professionals
11.1 The User is solely responsible for any direct or indirect damage that he may suffer as a result of inaccurate, incomplete and/or misleading information provided at the time of registration or in the absence of updating of such information, the consequences of which he alone assumes.
11.2 The User is solely responsible for all Content he/she chooses to place online on the Site. The User expressly undertakes not to publish any Content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality or accepted standards of behaviour, infringing, prejudicial to public order or to the rights of third parties, likely to prejudice the rights, reputation or image of the Company, and more generally, the content of which would infringe the law and/or regulations, particularly of a penal nature.
11.3 The Customer is solely responsible for the description of the Requirement for which he/she requests a quotation from the Freelancer or Professional. In the event of an error in the description of the Requirement, the Customer alone will assume any additional services required and additional costs by formalizing with the Freelancer or Professional a supplement to complete the Project in good conditions.
11.4 The User is solely responsible for the conclusion and execution of agreements relating to a collaboration that he concludes with another User via the Site, the Site intervening only to put them in contact. The conclusion and execution of these collaborations, which take place directly between a Freelancer, Professional and a Customer, take place at the initiative and under the exclusive responsibility of the latter.
11.5 The Freelancer or Professional acknowledges that the technical tools and resources made available by the Site do not exempt him/her from his/her responsibility with regard to the legal obligations incumbent upon him/her in this respect, in particular with regard to the compulsory information that must appear on invoices or in terms of applicable taxes.
Responsibility of the Site
11.6 The Site uses its best endeavors to ensure access to and proper operation of the platform and its Features 24 hours a day, 7 days a week. Nevertheless, given the limitations of the Internet, the Site cannot exclude the possibility that access to and operation of the platform and the Features may be interrupted, in particular in the event of force majeure, malfunction of the User’s equipment, malfunction of the User’s Internet network, or maintenance operations to improve the Site and the Features.
Consequently, the Site may not be held liable for any interruption of the Functionalities, whether voluntary or involuntary, it being specified that it undertakes to make its best efforts to limit any interruptions for which it is responsible.
11.7 The Site provides Freelancers, Professionals and Customers with tools and technical means enabling them to enter into a relationship for the purpose of concluding a service agreement. The Site’s liability is limited to the provision of these resources, as described herein, and to putting Freelancers, Professionals and Customers in contact with each other.
The Site and the User are independent parties, each acting in its own name and for its own account.
The Site does not enter into any contract in the name of and/or on behalf of a Freelancer, Professional or Customer, the latter contracting directly between themselves via the Site.
Consequently, the Site can in no way be considered as an employee/employer, agent or principal of a User.
The Site does not intervene in agreements relating to a collaboration concluded between Freelancers, Professionals and Customers, the latter being solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of said collaborations. Consequently, each User releases the Site from any and all liability for the direct or indirect consequences resulting from the introduction, conclusion and/or execution of such an agreement between a Freelancer, Professional and a Customer.
In this respect, the Site shall not be held liable for any cancellation of payment or revocation of direct debit authorisation at the sole initiative of the Customer, and for any consequences that may arise therefrom.
11.8 The Site shall not be held liable for any false, misleading or out-of-date information communicated to it by the Freelancer or Professional that it displays and transmits to the Customer.
XII – PERSONAL DATA
In accordance with Law 09-08 on the protection of individuals with regard to the processing of personal data, the User is hereby informed that the Site automatically processes the User’s personal data, in particular when the User connects to the Site or registers with the Site.
The Site is the recipient of personal data collected via the Site. It undertakes to do everything in its power to ensure the security and confidentiality of such data.
This data is intended to enable the Site to make the Functionalities accessible to the User and is also used for statistical, marketing, direct commercial prospecting and newsletter dispatch purposes.
The information collected is neither resold nor communicated to third parties.
In accordance with the provisions of law 08 – 09, the User has the right to access, modify, rectify and delete any personal data concerning him/her.
The User may also object to such processing for legitimate reasons.
To exercise his/her rights, the User simply needs to access his/her account.
XIII – DURATION, TERMINATION AND PENALTIES
The present contract is concluded for an indefinite period from the date of acceptance of the GCU by the User.
Should the User fail to comply with these GCU and/or commit any breach of the laws and regulations in force, the Site is entitled to suspend or close the User’s account, automatically and ipso jure, and to refuse the User access to all or part of the Features in the future, without prejudice to any damages.
XIV – NULLITY – WAIVER
Should any of the clauses of the present contract be declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the present GCU.
The Site’s failure to exercise its rights hereunder shall not constitute a waiver of such rights.
XV – INTELLECTUAL PROPERTY
Subject to the content provided by its Users, the site is the sole owner of all intellectual property rights, platforms, its content (including texts, images, drawings, logos, videos, sounds, data, graphics) as well as software, mobile application and databases ensuring their operation, are protected by the provisions of law no. 17-97 on industrial property, promulgated by Dahir no. 1-00-19 dated February 15, 2000, as amended and supplemented by law no. 31-05, and by the provisions of law no. 2-00 on copyright, promulgated by Dahir no. 1-00-20 dated February 15, 2000, as amended and supplemented by the law of February 14, 2006.
You may not :
- Download, represent, reproduce, copy, modify, transmit, exploit, or use for any purpose whatsoever, even partially, any elements of the Site.
- Decompile or reverse engineer the Site.
- Extract or attempt to extract (in particular by using data robots or any other similar data collection tool) a substantial part of the Site’s data.
XVI – MODIFICATION OF THE CGU
The Site reserves the right to modify all or part of these GCU.
The Site will inform the User of any changes made to these General Terms and Conditions as soon as they are posted online.
Should the User fail to accept the new GCU, he/she has 24 hours from the date of notification to inform the Site by e-mail.
In the event that the User has not notified his disagreement within the aforementioned period, he will be deemed to have accepted the modifications.
XVII – APPLICABLE LAW AND JURISDICTION
These GCU are governed by Moroccan law. Any dispute relating to their formation, conclusion, interpretation and/or performance shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Fez Court of Appeal.