GTU & GTCS

TERMS AND CONDITIONS


Preamble - Enforceability

International Mission, a simplified joint-stock company with registered office at 8, esplanade Compans Caffarelli - 31000 Toulouse, registered with the Toulouse Trade and Companies Register under number 493 275 291 (hereinafter the "International Mission"), publishes a B2B Services Marketplace solution enabling any individual or legal entity to be put in contact with independent international experts and consultants accessible from the website http://www.mission-internationale.com, with a view to providing intellectual services internationally.

Important

The use of the Marketplace or any of its functions implies the express, prior, full and complete acceptance of these general terms and conditions of sale (hereinafter the "General Terms and Conditions") by the Customer. By ticking the box: "I have read and accept the General Terms and Conditions", the Customer acknowledges having read and accepted all the stipulations of the General Terms and Conditions.

The General Terms and Conditions may be modified at any time; the modified version is therefore applicable to Customers for all requests for quotes or orders placed after this version.

Article 1: Definitions

In the General Terms and Conditions, words or expressions beginning with a capital letter shall have the following meaning:

"Client": means any individual or legal entity that uses the Service to obtain Services from the Experts.

"User Account": refers to the account created by the Client during the first connection.

"Expert": refers to any individual or legal entity specialising in the sale of services and/or intellectual services and/or international projects and acting in this capacity for professional purposes, listed on the Marketplace having subscribed to the Service in order to offer Services to Clients.

"Service": means any service offered by the Expert to the Client via the Marketplace.

"Services": refers to all the services provided by International Mission via the Marketplace, including in particular, the service of putting Experts and Clients in contact with each other, the services of making payment tools available, the drawing up and issuing of invoices in the name and on behalf of the Experts as well as services intended to assist the Client in the search for and selection of Experts to carry out the Services.

"Marketplace": refers to the digital platform designed, developed and operated by International Mission whose URL address is http://www.mission-internationale.com

Article 2 : Purpose

The purpose of the General Conditions is to define :

- the terms and conditions under which Customers access, browse and use the Marketplace; and
- the terms and conditions under which Customers can order Services via the Marketplace.

Article 3: Description of the Service

3.1. The Service offered by International Mission within the framework of the Marketplace allows the Client to access the Experts and to order Services directly from them, through the provision of a courier service and means of payment.

The Service is an intangible service provided exclusively by digital means.

3.2. International Mission does not intervene in the performance of the Services. The conditions for carrying out the Services are concluded directly between the Expert and the Client, the Expert freely fixing his rates.

The Service is invoiced directly by the Expert (commission of ten percent (10%) due to Mission International) via the Marketplace which acts in the name and on behalf of Mission International as a commission agent and trusted third party.

Article 4: Conditions of access to the Service

4.1. Any Customer may carry out an online search on the Marketplace without having previously created a User Account. However, only after the creation of a User Account will the Customer be able to obtain a quote and purchase Services via the Marketplace.

4.2. In order to register and benefit from the Service offered by the Marketplace, the Customer must have the legal capacity to enter into contracts.

4.3. Registration in the Marketplace is free of charge, only the purchase of Services and the use of the Service (ten percent (10%) commission due to Mission International) via the Marketplace are subject to a fee. The Client is responsible for the IT and telecommunications resources enabling access to the Marketplace. Telecommunication costs when accessing the Internet and using the Marketplace are the sole responsibility of the Client.

4.4. To access the Service, the Customer must :

- create a User Account; and
- accept the General Terms and Conditions as well as the "General Terms and Conditions for the Use of the Marketplace and the Referral of Experts";

To create a User, the Client must register by creating a User Account on the Marketplace. To do so, he must click on the "Register" section and complete the mandatory fields in his profile, in particular the following information:

Required information (in particular surname, first name, email address);
- read the General Terms and Conditions and the "General Terms and Conditions of Use of the Marketplace and Expert Referral"; and
accept the General Terms and Conditions as well as the "General Terms and Conditions for the Use of the Marketplace and Referral of Experts" by ticking the corresponding boxes.
The Customer guarantees that the data it provides are accurate and true. International Mission has the right to suspend or close the Client's account in the event that the data provided is manifestly incorrect.

4.5. In addition, at the time of registration, the Client chooses a unique and personal email address and password enabling him to access the Marketplace. The email and password are personal and confidential. They can only be used by the Customer. The use of the email and password is done under the Customer's full responsibility and the Customer agrees not to transfer or communicate them to any third party. The password can be changed via the Marketplace. If the Customer forgets his password, he may click the link "lost password" and then "reset password". An email will be sent to him/her at the email address of the User Account. The Customer undertakes to use exclusively his active email and password. Any attempt to access using passwords other than the active ones is considered as a computer attack under the laws in force.

Furthermore, the Customer is solely responsible for any use that may be made of his or her login and password and is the sole guarantor of their confidentiality.

4.6. Once the registration form has been duly completed, a confirmation request email will automatically be sent to the Customer in order to validate his registration. After confirmation by the Client, the registration is validated and the Client is informed by a confirmation email and can resume or begin the creation and sending of proposals for missions with the Experts.

4.7. Registration is made for an indefinite period and may be terminated by either party in accordance with the conditions set out in Article 10.

International Mission reserves the right, without compensation or notice, to temporarily or permanently close the Marketplace in order to carry out updates, modifications or operational changes to the Marketplace and the server.

International Mission reserves the right to make any changes to the Marketplace and the Service that it deems necessary for their proper operation.

4.8. Any order related to an incomplete form or containing erroneous and/or fanciful information may be refused or suspended without compensation or notice by International Mission.

Article 5: Use of the Service

5.1. Request for a quotation for the Service by the Client

To obtain a quote for the Service, the Client must complete the following steps:

create a User Account ;
Login to connect to his User Account;
in the search engine, enter an expertise or click on an advertisement or on an Expert's profile;
The Marketplace automatically generates a selection of Experts: these suggestions are made on the basis of an algorithmic calculation which favours the best match between the Expert's profile and the Customer's request according to the characteristics entered by the Customer. This list is only a suggestion. The Client alone chooses the Expert(s) for whom he wishes to request a Service and remains free to use any given Expert. The Client is solely responsible for the final choice of the Expert.

The Client may request the selected Experts to request a quotation.

On the basis of the quotes received, the Client will select an Expert with whom it wishes to contract for the mission for which the quote has been requested.

5.2. Placing the order

The Client undertakes to place an order with the Expert only for Services for which he holds the rights necessary for their use and exploitation.

The Client places an order with the Expert via the Marketplace by paying the amount of the Service (commission of ten percent (10%) due to International Mission) via one of the payment solutions offered by the Marketplace. Upon ordering the Service, funds are transferred from the Client's account to an escrow account.

5.3. Performance of the Service

The Expert receives a notification in his e-mail via his User Account and by e-mail confirming that a Service Request has been requested from him by a Client. At any time, the Client can ask the Expert questions using the messaging system offered by the Marketplace. Once the Service and the quote have been validated and the payment made by the Client, the Client can no longer modify the content of the project or the mission.

5.4. Possibility to subscribe to other services

International Mission offers the possibility for the Client and the Expert to use additional services such as international payment guarantee, professional translation, salary portage, international mobility, office space reservation/co-working.

If the Client or the Expert opts for any of these services, they will be subject to additional invoicing and will be governed by the specific conditions for the services concerned.

Article 6: Price and Payment of the Price

6.1. Prices

The total amount to be paid is specified in the order. This amount includes the price of the Service as well as a commission equal to ten percent (10%) of the price of the Service paid to Mission International for the use of the Service. This amount is stated in Euros.

6.2. Terms and Conditions of Payment

The payment of the Service (ten percent (10%) commission due to International Mission) is handled by the payment institution MANGOPAY, approved by the Autorité de Contrôle Prudentiel et de Régulation (A.C.P.R.), which manages and controls the payment flows on the Marketplace.

In order to use the payment system by bank card, transfer or direct debit offered on the Marketplace, the Customer accepts MANGOPAY's General Terms and Conditions of Use as they appear on the MANGOPAY website (https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf).

6.3. Compliance with deadlines

The Client undertakes to respect reasonable response times as well as a level of reactivity in order to fluidify exchanges with the Expert. In particular, the Client undertakes to validate the Expert's activity report within a period of less than three (3) days to enable the funds to be disbursed.

Article 7: Professional liability insurance policy

7.1. International Mission has taken out a "professional liability insurance policy for service providers" with an insurance company in order to enable Clients to benefit from insurance coverage within the framework of the missions offered under the conditions provided for in the policy.

This insurance covers the Client as of the validation of the Service's tariff proposal.

7.2. Details of the cover taken out (in particular the type of cover, limits, deductibles, etc.) and the special conditions of cover of the Allianz policy taken out by International Mission are available on request. The general terms and conditions of the Allianz policy also applicable are available on request.

The Customer declares that he is fully aware of them by accepting the General Terms and Conditions.

7.3. International Mission cannot be held responsible in the event of non-application of the Allianz policy to any damage whatsoever.

The Customer further acknowledges that he is free to take out professional civil liability insurance in his own name and on his behalf, in order to extend the geographical and/or temporal scope of application of the guarantees covered by the Allianz policy taken out by International Mission or to reduce the amount of the deductibles provided for.

Article 8: Confidentiality

It is the Customer's responsibility to ensure the confidentiality of the data recorded on the Marketplace and to take all necessary anonymisation measures in this context.

The Customer shall be solely responsible for its confidentiality commitments in the event that its information is shared via the Marketplace.

The Client may impose a level of confidentiality on the Expert on account of the content of the project, in particular by sending the Expert a confidentiality agreement to be signed prior to carrying out the Service. The Expert undertakes to respect the confidentiality of the services provided via the Marketplace and not to divulge their content.

In any case, International Mission cannot be held responsible in the event of disclosure of the content of the project by the Expert, the Client or any third party.

Article 9: Rating, recommendations and Evaluation

9.1. Rating

Each Expert will be given marks (scores) by Clients on the Marketplace, determined according to several objective criteria including in particular the quality and quantity of the Services, the marks given by Clients (other factors are taken into account) allowing a better match between the Client's request and the Expert's skills.

9.2. Recommendations by the Marketplace

The Marketplace selects the Expert(s) on the basis of an algorithmic calculation that favours the best match between the Expert's profile and the Client's request. The multitude of parameters taken into account in the algorithmic calculation leads to a variation in the score given to the same Expert from one request to another. This mechanism therefore gives the opportunity to any registered Expert to be identified according to the requests. The list of the Expert(s) selected by the Marketplace is only a suggestion and International Mission is not involved in the choice of the Expert by the Client.

9.3. Evaluation of the Expert by the Client

Once the Service has been delivered to the Client, the Marketplace asks the Client to evaluate the Service provided by the Expert. This evaluation is accompanied by a comment which may or may not appear on the Expert's page depending on the Expert's choice and may remain visible for an indefinite period. However, the Expert may not modify or hide his average score which results from all the scores awarded to him. The evaluations make it possible to give indications as to the quality of the services provided and the final satisfaction of each Client. The assessments contribute to the Expert's qualification and his rating. International Mission does not control the assessments left by Clients, which can only be modified or deleted from the Expert's profile in the event of a motivated report by an Expert or a Client via the Marketplace help section www.mission-internationale.com.

However, International Mission reserves the right to delete any assessment and/or recommendation containing excessive or insulting elements.

Article 10: Duration - Termination of access to the Service

10.1. The Customer's subscription to the Service is effective upon receipt of the confirmation email referred to in Article 4.6, for an indefinite period of time.

10.2. The Customer may interrupt his subscription to the Service at any time, without giving any reason. To terminate his User Account, the Customer may send an e-mail via the contact section of the Marketplace www.mission-internationale.com.

10.3. International Mission reserves the right to terminate and/or suspend the Client's User Account by right and without prior notice, by any means, without compensation or notice, and without prejudice to the exercise by International Mission of any recourse or legal action it deems appropriate against the Client: - if he is obliged to do so by a law or regulation; - if any doubt appears as to the Client's good faith, the authenticity of the information provided or more generally in the event of non-compliance with any of the terms of the General Terms and Conditions or if the use of the Marketplace does not comply with a legal or regulatory provision.

Article 11: Liability

11.1. Liability in connection with the use of the Marketplace

11.1.1. The use of the Marketplace and subscription to the Service is at the risk and under the responsibility of the Customer. When using the Marketplace and the Service, the Customer is solely responsible for the data and content that he publishes and deposits on the Marketplace and undertakes not to write or distribute any message(s) or information, whatever their form or nature, which would be in particular :

- contrary to public order and morality;
- contrary to the respect of private life;
- insulting, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others, inciting discrimination, hatred;
- constituting false news;
- threatening a person or group of persons;
- of a pornographic or paedophilic nature;
- inciting to commit a crime, an offence or an act of terrorism or condoning war crimes or crimes against humanity;
- inciting discrimination or hatred of a person or group of persons on account of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- inciting to suicide;
- violating legislation on the secrecy of correspondence, or generally speaking, contrary to a regulation in force or a law in force; and
- enabling third parties to obtain pirated software, software serial numbers enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and generally any software or other tool that may infringe the rights of others and the safety of persons and property.

11.1.2. International Mission acts solely as a content host for a technical service provider and is therefore only bound by a general obligation to monitor the content transmitted or stored via the Marketplace by Clients and Experts. International Mission does not monitor or censor content a priori. International Mission cannot be held responsible for the content transmitted, stored and published via the Marketplace, nor can it be held liable for any damages whatsoever, due to the consequences related to the said content.

11.1.3. Mission International cannot be held responsible in case of impossibility of access to the Marketplace and/or the use of the Service, in case of internal malfunctions of the Client's internet service provider, internet network congestion and for any other reason whatsoever. The Client acknowledges and accepts that Mission International is not liable for interruptions in access to the Marketplace and the Service, and for the consequences that may result for the Client or any third party. Mission International may temporarily interrupt access to the Marketplace or to all or part of the Service for computer maintenance reasons. In this case, International Mission undertakes, as far as possible, to inform Clients of the maintenance operations. International Mission will send an e-mail to the Clients' mailboxes. The interruption of the Service will not give rise to any compensation from International Mission.

11.2. Responsibility in the context of the use of the Service

11.2.1. The Marketplace offers the Customer management tools (search engine and messaging) as part of the Service. The use of these tools does not engage the responsibility of International Mission, to which it remains a stranger.

11.2.2. It is recalled here that International Mission is only an intermediary between the Client and the Expert and that as such, its liability cannot in any way be sought in the event of default by the Client or the Expert with regard to their reciprocal contractual obligations freely agreed between them.

International Mission provides Clients with a Service of putting Clients in touch with each other. As such, International Mission does not intervene in any way in the conditions of the contract between the Client and the Expert. The Services are carried out by the Experts under their sole responsibility. Consequently, International Mission cannot be held responsible for any direct or indirect damage caused to Clients, to third parties or to property and occurring during a Service. Any claim relating to the final result of the Service which would be brought to the attention of Mission International will be transmitted to the Expert concerned, who will assume full and sole responsibility.

11.2.3. Mission International cannot be held responsible, in any way whatsoever, for any direct or indirect prejudice or damage suffered or incurred by Clients as a result of the use or impossibility of use of the Marketplace and/or all or part of the Service, such as, but not limited to, the use or impossibility of use of the Marketplace and/or all or part of the Service.

Article 12: Intellectual Property

Mission International is the owner of all intellectual property rights relating to the Marketplace and the Service, in particular the "Mission International" trademark, as well as the domain name www.mission-internationale.com and/or any other intellectual property used by the Service. "International Mission" is a protected trademark registered with the INPI.

More generally, any reproduction, distribution, representation or adaptation in whole or in part, modification or use of the trademark, the Marketplace and other intellectual property rights attached to the Service, for any reason and on any medium whatsoever, without the express prior consent of International Mission is strictly prohibited, as is their alteration. The Marketplace is the exclusive property of International Mission, holder of all related rights. The General Terms and Conditions cannot lead to a transfer of intellectual property rights to Clients.

When a Client makes content accessible to other users of the Marketplace, the Client declares that it accepts that these users may view and share the Client's content on the Marketplace, on other electronic communication media, free of charge and for exclusively personal use, for the entire duration of the hosting of the Client's content on the Marketplace. Furthermore, for the duration of the hosting of the Client's content on the Marketplace and within the strict framework of the functionalities enabling the Marketplace to be made accessible via the Internet or other electronic communication media, the Client authorises International Mission to reproduce and represent its content and, if necessary, to adapt the format for this purpose. The Customer is also informed that, given the intrinsic characteristics of the Internet, the data transmitted, in particular the content presented by the Customer, is not protected against the risks of misappropriation and/or piracy, for which the Marketplace cannot be held responsible. It is up to the Customer, if necessary, to take all appropriate measures to protect this data.

Article 13: Protection of personal data

International Mission may collect personal information (such as first name, surname, address, etc.) concerning Clients using the Marketplace and the Service. This information is necessary to access the service and certain functionalities of the Marketplace as well as to process and manage the Services and the ensuing order. If the Customer does not provide this information, the Customer will not be able to benefit from the Service. The personal data collected when the Client registers is exclusively intended for the Marketplace to ensure the quality of the service and/or to send promotional information, newsletters to Clients by electronic means as well as to Experts for the purposes of executing their Services. This data may only be communicated to third parties to meet legal and regulatory obligations. This information is confidential; it will be kept for a period of three (3) years from the collection of said information (subject to data necessary to meet a legal or regulatory obligation which may be kept for the time necessary to fulfil the obligation in question). The data collected may be transferred by International Mission outside the European Union for the sole purpose of carrying out the Service.

Guarantees have been taken in order to ensure a sufficient level of protection of personal data [contact us for more information]. In accordance with articles 38 and following of the French Data Protection Act of 6 January 1978, as amended by European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Client has the right to access, rectify, delete and limit the processing of his personal data free of charge, as well as the right to object to the processing of his personal data. The Customer also has :

- the right of access to data concerning him/her;
- the right to the portability of his data, i.e. to receive the personal data concerning him that he has provided to Mission International in a structured format that is commonly used and machine-readable. The Customer will be able to store or easily transmit them from one information system to another, with a view to reusing them for personal purposes;
- the right to withdraw consent at any time (in this case, the lawfulness of the processing carried out prior to withdrawal will not be questioned);
- the right to rectify at any time personal data concerning him/her which are inaccurate;
- the right to the deletion of personal data concerning him/her; and
- the right to lodge a complaint with the competent supervisory authority (in France, the CNIL) if he considers that the processing of his personal data does not comply with European rules; the right to define directives concerning the fate of his personal data after his death.

If the Client wishes to exercise one of these rights and/or obtain communication of information concerning him, he must contact International Mission at the following address: International Mission sis 8, esplanade Compans Caffarelli - 31000 Toulouse, or send an e-mail indicating his surname(s), first name(s), contact details via the contact section of the Marketplace www.mission-internationale.com.

Article 14: Service - Complaints

14.1. For any question or information concerning the Marketplace, the Client may contact International Mission via the "Contact Us" section on the Marketplace or by sending an e-mail via the contact section of the Marketplace www.mission-internationale.com.

14.2. For any claim related to the strict use of the Marketplace and the Service, the Client may make a written request to the Claims Department, by mail to the following address: International Mission sis 8, esplanade Compans Caffarelli - 31000 Toulouse or by email via the Marketplace contact section www.mission-internationale.com.

International Mission undertakes to deal with this complaint and to reply as soon as possible.

Article 15 : Nullity and modification of the General Conditions

If one of the clauses of the General Terms and Conditions were to be invalidated due to a change in legislation, regulations or court decisions, this invalidity would not entail the invalidity of the other stipulations, which would remain in force.

Mission International reserves the right to modify all or part of the General Terms and Conditions.

Article 16 : Applicable law and competent courts

16.1. The General Terms and Conditions and the operations arising therefrom are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

16.2. In the event of difficulty or dispute arising in connection with the interpretation, execution or termination of the General Terms and Conditions, the parties shall endeavour to resolve it as best they can and agree to seek an amicable solution in the spirit of the General Terms and Conditions.

In the absence of an amicable solution, any dispute relating to the formation, conclusion, interpretation and/or execution of the General Terms and Conditions shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Toulouse.

 

GENERAL CONDITIONS OF USE OF THE MARKETPLACE AND REFERENCING OF EXPERTS

Preamble - Enforceability

International Mission, a simplified joint-stock company with registered office at 8, esplanade Compans Caffarelli - 31000 Toulouse, registered with the Toulouse Trade and Companies Register under number 493 275 291 (hereinafter the "International Mission"), publishes a B2B Services Marketplace solution enabling any individual or legal entity to be put in contact with independent international experts and consultants accessible from the website http://www.mission-internationale.com, with a view to providing intellectual services on an international level.

Important

The use of the Marketplace or any of its functionalities implies the Expert's express, prior, full and complete acceptance of these general conditions of use (hereafter the "General Conditions of Use"). By ticking the box: "I have read and accept the General Conditions of Use", the Expert acknowledges having read and accepted all the stipulations of the General Conditions of Use.

The General Conditions of Use may be modified at any time; the modified version is therefore applicable to the Expert for all requests for quotes or orders placed after this version.

Article 1 : Definitions

In the Terms and Conditions of Use, words or expressions beginning with a capital letter will have the following meaning:

"Client": means any individual or legal entity that uses the Service to obtain Services from the Experts.

"User Account": refers to the account created by the Client during the first connection.

"Expert": refers to any individual or legal entity specialising in the sale of services and/or intellectual services and/or international projects and acting in this capacity for professional purposes, listed on the Marketplace having subscribed to the Service in order to offer Services to Clients.

"Service": means any service offered by the Expert to the Client via the Marketplace.

"Services": refers to all the services provided by International Mission via the Marketplace, including in particular, the service of putting Experts and Clients in contact with each other, the services of making payment tools available, the drawing up and issuing of invoices in the name and on behalf of the Experts as well as services intended to assist the Client in the search for and selection of Experts to carry out the Services.

"Marketplace": refers to the digital platform designed, developed and operated by International Mission whose URL address is http://www.mission-internationale.com

Article 2 : Purpose

The purpose of the General Terms of Use is to define :

- the terms and conditions under which Experts access, navigate and use the Marketplace ;
- the terms and conditions under which Experts can offer Services via the Marketplace.
 

Article 3: Description of the Service - Nature of the relationship between the parties

3.1. The Service constitutes an intangible service provided exclusively by digital means. The role of the International Mission is strictly limited to the provision of the Marketplace, which enables Clients to put Clients and Experts in contact, and Clients to subscribe to Services directly with the Experts.

To this end, it allows the Expert to have access to tools enabling him to present his professional profile, to receive orders and to send messages online by means of a messaging system.

The transactions carried out via the Service are concluded directly between the Expert and the Client. The Expert is free to set his rates. The Service is invoiced by the Expert (commission of ten percent (10%) due to Mission International) via the Marketplace acting in the name and on behalf of Mission International as a commission agent and trusted third party.

3.2. The Expert acts independently. He is free to choose his methods, deadlines, the rate offered to Clients and the times according to which he carries out the Services. Neither party has the power to act as an employee of the other, or under any other status, and has no right, express or implied, to bind the other in any way whatsoever. Each party shall bear the cost of the charges and expenses relating to the duties and responsibilities incumbent upon it alone. Each of the parties shall be personally responsible for any taxes, levies, fees, charges, duties or dues for which it is liable as an independent trader, so that the other party will never be sought as an independent trader. The Client declares that he has been informed of the specifics of the Services.

Article 4: Conditions of access to the Service - Registration

4.1. Experts who wish to offer Services via the Marketplace must comply with the following conditions on an ongoing basis:

be registered in the trade and companies register of the place of their registered office or any other equivalent register for an international service activity, or via a payroll carrier; and
expressly accept the General Terms and Conditions of Use and the "General Terms and Conditions of Sale";
The Expert undertakes to respect and maintain in force all these conditions throughout the period of use of the Marketplace and the Service.

4.2. Experts meeting the conditions set out in Article 4.1 can register on the Marketplace by creating a User Account (registration is compulsory to benefit from the Service).

4.3. Registration on the Marketplace is free of charge, with the exception of connection costs which are the sole responsibility of the Expert. Registration implies full, complete and unreserved acceptance of the General Conditions of Use, as well as the "General Conditions of Use and Sale". The Expert is responsible for the computer and telecommunications means enabling access to the Marketplace.

4.4. To create a User Account :

the Expert must first go to the Marketplace and click on the "Register" tab;
the Expert must register by creating a User Account on the Marketplace. To do this, he must fill in the mandatory fields in his profile and identified as such. The form may change over time to take account of any changes in the Expert's profile. The Expert guarantees that the data he communicates is authentic, accurate, complete, up to date and in conformity with reality. International Mission reserves the right to suspend or close the Expert's Account in the event that he provides incorrect data.

4.5. In addition, when registering, the Expert chooses a unique and personal email address and password enabling him to access the Marketplace. The email and password are personal and confidential. They can only be used by the Expert. The use of the email and password is done under his entire responsibility and he undertakes not to give them up or communicate them to any third party. The password can be changed via the Marketplace.

If the Expert forgets his password, he can click on the link "Forgot login or password" and indicate the e-mail address to which he wishes to receive a new temporary password. The Expert undertakes to use only his active e-mail address and password. Any attempt to access using passwords other than the active ones is considered as a computer attack which is covered by the laws in force.

Furthermore, the Expert is solely responsible for any use which may be made of his login and password and is the sole guarantor of their confidentiality.

4.6. Once the registration form has been duly completed, the registration is validated by the services of International Mission and the Expert is informed by an email confirming his registration.

Experts are informed that the information relating to their professional profile will be accessible to all Experts and Clients and may therefore appear in search engines.

4.7. Registration is for an indefinite period and may be terminated by either party in accordance with the conditions set out in Article 10.

Article 5: Use of the Service

5.1. Referencing - Request for the establishment of a Service by a Client

Once the User Account has been created and validated, the Marketplace allows the Expert to be referenced in a database of experts. The Marketplace generates a list of Experts for the Customer, selected on the basis of an algorithmic calculation that favours the best match between the Expert's profile and the Customer's request according to the characteristics entered by the Customer in the search filters. This list is only a suggestion. The Client alone chooses the Expert(s) to whom he wishes to request a Service.

5.2. Acceptance of the Order - Performance of the Service - Obligations of the Expert

5.2.1. The Marketplace allows the Customer, if he wishes, to place an order with the Expert. Once the order has been placed and payment made via the Marketplace, the Expert receives a notification in his e-mail via his User Account confirming that a Service has been requested from him.

5.2.2. The Expert is free to use all the means and methods necessary for the execution of the Service. The Expert may ask the Client for details using the messaging system offered by the Marketplace.

5.2.3. The Expert is solely responsible for the level and quality of the Service.

5.2.4. Within the framework of the execution of the Service and the use of the Service and the Marketplace, the Expert undertakes to :

respect the contractual commitments made to the Client; and
not contravene the provisions of the General Terms and Conditions of Use.

Article 6: Price of Services and Payment

6.1. Prices

The price of the Service is freely determined by the Expert on the basis of the requests made by the Client. A commission equal to ten percent (10%) of the price of the Service is due to Mission International for the Service, the latter being automatically included in the price of the Service set by the Expert. This commission is applicable to each transaction made through the Marketplace.

The price is quoted inclusive of all taxes. The Expert is responsible for the applicable taxes with regard to the regulations applicable to him.

6.2. Terms and conditions of payment

The payment of the Service (ten percent (10%) commission due to International Mission) is handled by the payment institution MANGOPAY, approved by the Autorité de Contrôle Prudentiel et de Régulation (A.C.P.R.), which manages and controls the payment flows on the Marketplace.

In order to use the payment system by bank card, transfer or direct debit proposed on the Marketplace, the Expert accepts the MANGOPAY General Conditions of Use as they appear on the MANGOPAY website (https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf).

6.3. Compliance with deadlines

The Expert undertakes to respect reasonable response times as well as a good level of reactivity in order to fluidify exchanges with the Client.

Article 7 : Professional liability insurance

7.1. International Mission has taken out a "professional liability insurance policy for service providers" with an insurance company in order to enable the Experts to benefit from insurance coverage in the context of the Services they provide via the Marketplace, under the conditions provided for in the policy.

This insurance covers the Expert as from the validation of the tariff proposal by the Client.

7.2. Details of the cover taken out (in particular the type of cover, limits, deductibles, etc.) and the special conditions of cover of the Allianz policy by International Mission are available on request. The general terms and conditions of the Allianz policy that are also applicable are available on request.

The Expert declares that he has taken full cognizance of them by accepting the present General Terms and Conditions.

The Expert acknowledges and accepts that in the event of a dispute covered by the Allianz policy taken out in his name and on his behalf by International Mission, he shall remain liable to the latter for the amount of the excess provided for in the special conditions. The Expert hereby gives his authorisation so that this amount may be deducted by International Mission from any amount owed to him by Clients in respect of an assignment carried out via the Marketplace.

For information purposes only, and without such clarification adding to or subtracting from the special or general terms and conditions of the Allianz policy taken out, the Expert's attention is drawn to the geographical scope of the policy, in particular in that the cover does not cover damage resulting from services carried out on the territories of the United States of America and Canada or destined for these countries.

7.3. International Mission shall not be held liable in the event of non-application of the Allianz policy to any damage whatsoever.

The Expert further acknowledges that he is free to take out professional civil insurance in his own name and on his behalf, in particular in order to extend the scope and/or geographical and/or temporal scope of the guarantees covered by the Allianz policy taken out by International Mission or to reduce the amount of the deductibles provided.

Article 8: Confidentiality

The Expert undertakes to respect the confidentiality of the Services carried out on the Marketplace and not to divulge their content.

The Expert is solely responsible for any disclosure of the content of the Client's project or the Service to third parties.

A level of confidentiality of the content of the project may be imposed by the Client, who may in particular send the Expert a specific confidentiality agreement to be signed prior to the completion of the Service.

In any case, International Mission cannot be held responsible in the event of disclosure of the content of the Client's project by the Expert or any third party.

Article 9: Recommendations and Evaluation

9.1. Recommendation by the Marketplace

The Marketplace selects the Expert(s) on the basis of an algorithmic calculation that favours the best match between the Expert's profile and the Client's needs. The multitude of parameters taken into account in the algorithmic calculation leads to a variation in the visibility of the same Expert from one request to another.

This mechanism therefore provides the opportunity for any registered Expert to be identified according to the requests.

The list of the Expert(s) selected by the Marketplace is only a suggestion and International Mission is not involved in the choice of the Expert by the Client.

9.2. Reinforcement of the visibility of an Expert

An Expert can increase his visibility so that his profile goes up in the search results. To do this, he can subscribe to the specific subscription offered by the Marketplace.

9.3. Evaluation by Customers

Once the Service has been performed, the Client is invited to evaluate the Expert. This evaluation is accompanied by a comment which will be published on the Expert's page and remains visible on his page for an indefinite period of time.

Evaluations provide indications of the quality of the Service provided and the Client's final satisfaction.

Evaluations contribute to the qualification of the Expert and his recommendation by the Marketplace. International Mission does not control the evaluations published by Clients, which can only be modified or deleted from the Expert's profile in the event of a motivated report by an Expert via the contact section of the Marketplace www.mission-internationale.com.

International Mission cannot in any way be held responsible for the content of the ratings and evaluations drawn up by the Companies/Clients.

Article 10 : Duration - Termination of access to the Service

10.1. The Expert's subscription to the Service is for an indefinite period.

10.2. The Expert may interrupt his subscription at any time, without giving any reason. To cancel his User Account, the Expert can send a contact e-mail via the contact section of the Marketplace www.mission-internationale.com.

10.3. International Mission can terminate and/or suspend the Expert's User Account at any time, automatically and without prior formal notice, by any means, without compensation or notice, and without prejudice to the exercise by International Mission of any recourse or legal remedy it deems appropriate against the Expert:

- if he is obliged to do so by law or regulation;
- in the event of claims or complaints by the Client against the Expert on any grounds whatsoever;
- in the event of actions which contravene the provisions of the Intellectual Property Code; and
- more generally, in the event of non-compliance with any of the terms of the General Terms and Conditions of Use or use of the Marketplace that does not comply with a legal or regulatory provision.

10.4. If the information mentioned in the Expert's profile proves to be inaccurate, International Mission reserves the right to delete his profile, in the absence of a satisfactory response within eight (8) days of sending a request for rectification.

10.5. In the event of deletion or suspension of the User Account for any reason whatsoever, access to the Expert's User Account will be deactivated without prejudice to Clients who have paid for Services who may be able to continue using the Marketplace until the end of the Services.

Article 11: Liability

11.1. Liability in connection with the use of the Marketplace

11.1.1. Use of the Marketplace and subscription to the Service is at the sole risk and under the sole responsibility of the Expert. The Expert is solely responsible for the data and content which he publishes on his profile and on the Marketplace. He undertakes in this context to :

- not to commit any action or adopt any behaviour which would be likely to damage the image or reputation of International Mission ;
- not to write or broadcast any message(s) or information, whatever their form or nature, which would be contrary to public order and good morals;
- contrary to the respect of private life;
- of an insulting, defamatory, racist, xenophobic, revisionist nature, or which is prejudicial to the honour or reputation of others, or which incites discrimination or hatred;
- of a pornographic or paedophilic nature;
- constituting false news;
- threatening to a person or group of persons; or inciting to commit a crime, an offence or an act of terrorism or condoning war crimes or crimes against humanity;
- inciting discrimination or hatred against a person or group of persons on account of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- inciting to suicide;
- violating the law on the secrecy of correspondence, or generally speaking, contrary to a regulation in force or a law in force; and
- enabling third parties to obtain pirated software, software serial numbers enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and generally any software or other tool that may infringe the rights of others and the safety of persons and property.

11.1.2. International Mission is an Internet service provider providing Experts with the means to reference themselves on the Marketplace. International Mission acts solely as a content host and is therefore not bound by a general obligation to monitor the content transmitted or stored via the Marketplace by the Experts and Clients. International Mission does not monitor or censor content a priori.

International Mission cannot be held responsible for the content transmitted, stored and published via the Marketplace, nor can it be held liable for any damages whatsoever due to the consequences of the said content, errors or omissions by the Expert on the Marketplace.

11.1.3. The responsibility of International Mission cannot be held liable in the event of impossibility of access to the Marketplace and/or use of the Service due to internal malfunctions of the Expert's internet access provider, congestion on the internet network and for any other reason whatsoever.

The Expert acknowledges and accepts that International Mission is not responsible for interruptions to access to the Marketplace and the Service, and for the consequences which may result for the Expert or any third party.

International Mission may have to interrupt access to the Marketplace or to all or part of the Service temporarily for computer maintenance reasons. In this case, International Mission undertakes, as far as possible, to inform the Experts of the maintenance operations. International Mission will send an e-mail to the Experts' e-mail address.

The interruption of the Service will not give rise to any compensation from International Mission.

11.2. Liability in the context of the execution of the use of the Service

11.2.1. The Marketplace provides Experts with project management tools free of charge (Tutorials and messaging). The use of these tools by the Expert does not engage the responsibility of International Mission, to which it remains a stranger.

11.2.2. It is recalled here that International Mission is only an intermediary between the Expert and the Client and that as such, its liability cannot in any way be sought in the event of default by the Client or the Expert with regard to their reciprocal contractual obligations freely agreed between them.

International Mission provides Experts with a Contact Service. In this respect, International Mission does not intervene in any way in the conditions of subscription of the contract of services between the Client and the Expert. The Services are carried out by the Experts under their sole responsibility.

In this context, International Mission declines all responsibility for any direct or indirect damage caused to the Expert, the Client, third parties or property.

Consequently, International Mission cannot be held responsible for any direct or indirect damage caused to the Expert, the Client, third parties or property:

Consequently, Mission International cannot be held responsible for the following in particular:

- the cancellation of a Service by a Client; and
- of the Expert's behavior. Any claim by a Client relating to the final result of the Service which is brought to the attention of International Mission will be forwarded to the Expert concerned, who will assume full and sole responsibility.

11.2.3. International Mission cannot be held liable, in any way whatsoever, for any direct or indirect prejudice or damage suffered or incurred by the Experts as a result of the use or impossibility of use of the Marketplace and/or the Service, viruses, such as, in particular, but without this being restrictive, loss of information, loss of data (such as profiles, messages, advertisements etc.).

It is expressly reminded that it is the responsibility of the Experts to save all this content on a durable medium.

11.2.4. The International Mission gives the Expert no guarantee as to the impact that the referencing could have on the Expert's activity.

Article 12 : Intellectual property

Mission International is the owner of all intellectual property rights related to the Service, in particular the "Mission International" trademark, as well as the domain name www.mission-internationale.com and/or any other intellectual property used by the Service.

"International Mission" is a protected trademark registered with the INPI.

More generally, any reproduction, distribution, representation or adaptation in whole or in part, modification or use of the trademark, the Marketplace and other intellectual property rights attached to the Service, for any reason and on any medium whatsoever, without the express prior consent of International Mission is strictly prohibited, as is their alteration.

The Marketplace is the exclusive property of International Mission, holder of all related rights.

The General Terms and Conditions of Use do not transfer any intellectual property rights to the Experts.

As soon as an Expert makes content accessible to other users of the Marketplace, the Expert declares that he accepts that these users may, free of charge and for exclusively personal purposes, view and share his content on the Marketplace, on other electronic communication media and this for the entire duration of the Expert's hosting of the content on the Marketplace. Furthermore, for the duration of the hosting of the Expert's content on the Marketplace and within the strict framework of the functionalities enabling the Marketplace to be made accessible via the Internet or other electronic communication media, the Expert authorises International Mission to reproduce and represent his content and, if necessary, to adapt the format for this purpose. The Expert is also informed that, given the intrinsic characteristics of the Internet, the data transmitted, in particular the content presented by the Expert, is not protected against the risks of misappropriation and/or piracy, for which the Marketplace cannot be held responsible. It is up to the Expert, if necessary, to take all appropriate measures to protect this data.

Article 13: Protection of personal data

International Mission collects personal information (such as first name, surname, address, date of birth, etc.) concerning the Experts using the Marketplace and the Service.

This information is necessary to access the Service and certain functionalities of the Marketplace as well as to process and manage the Services and the ensuing order. If the Customer does not provide this information, the Customer will not be able to benefit from the Service.

This data may only be communicated to third parties to meet legal and regulatory obligations.

This information is confidential; it will be kept for a period of three (3) years from the collection of said information (subject to data necessary to meet a legal or regulatory obligation which may be kept for the time required to fulfil the obligation in question).

Guarantees have been made to ensure an adequate level of protection of personal data. In accordance with Articles 38 and following of the Data Protection Act of 6 January 1978, amended by European Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Expert has the right to access, rectify, delete and limit the processing relating to his data free of charge as well as the right to object to the processing of his personal data.

The Expert also has :

- the right of access to the data concerning him

- the right to the portability of his data, i.e. to receive the personal data concerning him that he has provided to Mission International in a structured format that is commonly used and machine-readable. This will allow the expert to store or transmit them easily from one information system to another, with a view to reusing them for personal use;
- the right to withdraw consent at any time (in this case, the lawfulness of the processing carried out prior to withdrawal will not be questioned);
- the right to rectify inaccurate personal data concerning him/her;
- the right to the deletion of personal data concerning him/her; and
- the right to lodge a complaint with the competent supervisory authority (in France, the CNIL) if he considers that the processing of his personal data does not comply with European rules; the right to define directives concerning the fate of his personal data after his death.

If the Expert wishes to exercise one of these rights and/or obtain communication of information concerning him, he should contact International Mission sis 8, espace Compans Caffarelli - 31000 Toulouse, or send an e-mail indicating his surname(s), first name(s), contact details via the contact section of the Marketplace www.mission-internationale.com.

In addition, the Expert is informed and expressly accepts that the selection of Experts results exclusively from automated processing aimed at evaluating certain personal aspects, in particular through the analysis and prediction of elements concerning the fields of activity and competence, specialities, language pairs, availability and processing capacity - and enabling the implementation of the Service, in particular by optimising the bringing together of Experts and Clients. In this respect, International Mission has put in place the appropriate measures guaranteeing the protection of the rights and freedoms as well as the legitimate interests of the Expert who retains the right to obtain human intervention from International Mission, to express his point of view and to contest the rating/selection.

Article 14: Applicable law and competent courts

14.1. The General Terms and Conditions of Use and the operations arising therefrom are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

14.2. In the event of difficulty or dispute arising in connection with the interpretation, execution or termination of the General Terms and Conditions of Use, the parties shall endeavour to resolve it as best they can and agree to seek an amicable solution in the spirit of the General Terms and Conditions of Use.

In the absence of an amicable solution, any dispute relating to the formation, conclusion, interpretation and/or execution of the General Conditions of Use shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Toulouse.
 

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