General conditions of use

PREAMBULE

Marcom World srl owns and operates the MMfreelancers brand (hereinafter referred to as "MMfreelancers"). It offers a virtual service via electronic communications networks to put the different people in the Marcom Community  in contact with each other: marketeers, creatives media specialist, accounts, …and other professionals (hereinafter referred to as the "Member(s)").

MMfreelancers enables Members to organise their visibility and to access offers of Missions, to claim fair pay and a legal contractual working relationship.

The MMfreelancers is a platform for establishing contact between natural persons, legal entities and/or professionals, which is accessible only to MMfreelancers Members via Internet, through desktop, smartphone or tablet. Some functionality of MMfreelancers Services can be accessed for free and other functionality require Members to pay.

Establishing contact between Members is achieved by matching the profile of a Member and a request/mission.

MMfreelancers acts as an intermediary for establishing contact between Freelancers and Clients in the sector. Freelancers are therefore not bound by a contract of employment and never provide their services under the authority of MMfreelancers. Under no circumstances can MMfreelancers be held liable for any misconduct by one of its Members.

We would ask that you read the General Conditions of Use carefully. By becoming a Member, you agree to comply with these Conditions of Use. If you do not accept them, you should not register for the Services or use them. Registration for the MMfreelancers Services as well as their use means full acceptance of these Conditions of Use by the Member. 

Article 1. Definitions

In these General Conditions of Use, those words or expressions starting with a capital letter will have the following meaning:

"MMfreelancers" : refers to a community platform designed to put Clients (advertisers, advertising agencies, media,.. ) in contact with Freelancers through a collection of Services. These are only accessible to Members and are either for free or must be paid for.

"Membership" : refers to a fee which gives access to MMfreelancers's paid Services. 

« Methods of payment » : Members can pay for their Membership or their Credits by Credit card, bank transfer or by SEPA Direct Debit Scheme (Single Euro Payments Area).

« Credits » : Members can at any time purchase Credits enabling them to use certain Services offered by the platform: to increase their visibility or post a Mission offer or service proposal.

« Service(s) » : refers to all of the Services, whether free or paid for, which are accessible to Members.

« Member(s) » : refers to one (or all of the) user(s) of duly registered Service(s).

« Freelancer(s) » : refers to independent, qualified people in the Marcom Community.

« MyDasboard » : Members' personal section which includes all of their information and background.

« Terms and conditions » refers to this document.

Article 2. Access to and registration for Services
2.1. Process and conditions for accessing and registering for the Services
2.1.1 Conditions for free registration and access

Registration as a Freelancer of MMfreelancers is free.

To register, anyone interested in the Services should  have read and accepted these General Conditions of Use and have completed their profile.

For Freelancer, it is essential to complete their profile by providing information on their professional status, professional qualifications and any other personal information that the Member wishes to make public. This information can be changed at any time by the Member in the "MyDashboard" section.

The Member guarantees that the information that it provides is true and accurate. They undertake to inform MMfreelancers immediately in the event of any change to the information provided during their registration and, where appropriate, to make the aforementioned changes themselves in their personal "My Profile" area. 

When the conditions required for registration are met, and validated by the MMfreelancers team, each Member has an login (email adress) and a password, which are strictly private and personal and should never be sent by the member to third parties.       

The Member will be responsible for the use of identifiers by third parties or actions or declarations made via the Member's personal account, whether fraudulent or not, and guarantees  the company Marcom World srl against any inquiry or complaint in this regard. In addition, Marcom World is not obliged to and does not have the technical means to ensure the identity of the people registering for its Services. If the Member has reason to think that someone is using their identifiers or their account, they should immediately inform Marcom World.        

 

2.1.2 Conditions of access and paid registration

The Member has the possibility of registering for paid membership, thereby benefiting from additional site Services.

Input errors can be corrected at any point before submitting the contract and clicking on the "Validate" button. By clicking on the "Validate" button, during the purchase process, after having checked the content of the purchase and, where applicable, having changed it, the Member declares that they fully and without reservation accept all of these General Conditions of Use.

Once payment has been validated, a purchase overview, including a reference, the amount invoiced and the invoice date will be displayed. Marcom World srl  will acknowledge receipt of the purchase by email after it has been validated. This email will include the main features of the Service registered for, namely the duration of the membership, the invoicing cycle, the amount invoiced, as well as these General Conditions including contact details for Marcom World.

 

2.2. Right to cancel

The Member may cancel the contract without giving any reason within a period of fourteen (14) days. This period starts from the day on which the contract is entered into.

If the Member exercises their right to cancel and has opted for Paid Services, they may only use their right to cancel if they have not used any of the Paid Services.

Provided that the conditions for cancellation are met, Marcom World srl will refund the Member the whole of the amount they have paid within fourteen days from the date on which Marcom World srl is informed of the Member's decision to cancel.

The Refund will be made using the same method of payment as that used by the member for the initial transaction, unless expressly agreed otherwise.

Article 3. Use of Services

Once the Member's profile is complete, and subject to having registered, where applicable, for the Membership plans offered to them, the Member will be able to take advantage of all of the Services available at MMfreelancers, according to the Membership plan selected. The prices and methods of payment for the different Paid Services are detailed in the General Conditions of Use (see "Price and methods of payments") or can be accessed at any time on the MMfreelancers websites.

3.1. Obligations of Marcom World srl.

Marcom Wolrd srl is not legally obliged to verify the actual identity of Members when they connect to the MMfreelancers websites or to monitor the content, information and declarations provided by Members. As Marcom World srl cannot technically guarantee such services, Marcom World does not undertake contractually to verify the identity of Members or the truth of the content that they provide under their own responsibility. 

Marcom World is not liable for any relationships between Members, following the use of the Services. 

MMfreelancers undertakes to make every effort to guarantee Members an honest validation process, 24 hours a day, without prejudice, provided that the conditions and regulations are complied with. The Member will be notified of any validation refusal, with justification being provided. The Member may appeal against the refusal decision and the request may be edited or changed to meet the required conditions. After 24 hours, any Member who has not received a validation response may claim, at their exclusive request, a free extension of their membership equal to the number of hours that the validation has gone unanswered.

3.2. Obligations of the Member

The provisions of this article apply without prejudice to the "Termination" article. 

As part of the use of the Services, the Member undertakes to adhere to current legislation and to comply with the rights of third parties and the provisions of the General Conditions of Use.

3.2.1. General obligations :

The Member is, more generally, obliged to :

  • Behave in a loyal manner with regard to Marcom World and other Members.
  • Comply with the intellectual property rights associated with the content provided by Marcom World and by the other Members, as well as those in force under national and international law.

3.2.2. Fundamental obligations :

The Fundamental Obligations of the Member are :

  • To post, state or disseminate in any form whatsoever only information or content which is factually accurate.
  • To refrain from any statements or content that breach the rights of other people or are defamatory, abusive, obscene, offensive, violent or incite violence, political, racist or xenophobic and generally any statements or content which goes against the purpose of the Services, the laws and regulations in force, or acceptable norms and standards. 
  • Not to mention on the MMfreelancers websites any personal information provided to Marcom World by a Member (email address, postal address, telephone number etc.) which could enable a Member to contact another Member without using the Services.
  • Not to post, state or disseminate in any form whatsoever information or content which reduces, disrupts or prevents normal use of the Services, or interrupts and/or slows down normal circulation of the communications between the Members via the Services, such as software, virus, logic bombs, sending of bulk messages etc. Marcom World reserves the right to delete messages sent in bulk by a Member in order ensure that other Members still retain normal use of the Services.
  • Not to post, state or disseminate in any form whatsoever information or content which includes links to any third party sites which are illegal, indecent and/or do not conform to the purpose of the Services.
  • To use its Members' passwords and/or names for the sole purpose of authentication for the Services. In this regard, the Member should not, without this list being exhaustive, communicate, disseminate, share or make accessible, in any whatsoever, its passwords and/or identifiers to any third parties.
  • To use the Services according to the purpose described in the General Conditions of Use.

Any breach of the Fundamental Obligations thus defined constitutes a serious breach by the Member of their obligations. Without prejudice to the provisions of the "Termination" article, in the event of a breach by a Member of one or more of these Fundamental Obligations, Marcom World may terminate the contract and permanently delete the account of the Member concerned.

 

Article 4. Prices, methods of payment and renewal
4.1. Prices, timescales and methods of payment

The use of Paid Services assumes that the Member has a Membership. The Members can acquire this using one of twoo methods: by credit card, by bank transfer. 

The prices and methods of payment for the different Paid Services, as well as their respective prices, are constantly accessible at the time of presentation or use of the Paid Service(s) for which the Member wishes to register.

The prices are indicated in Euros (VAT included).

The VAT rate applicable to the Paid Services depends on the Member's status (subject to VAT or not) and their place of residence in accordance with European legislation (Council Implementing Regulation (EU) No 1042/2013 of 7 October 2013 amending Implementing Regulation (EU) no 282/2011 on the place of supply of services).

4.2. Methods for renewing Membership

The Member may at any time notify Marcom World  of their desire to terminate their Membership at no cost except for those associated with the sending of their request. Termination will take effect on the expiry date of the current Membership, provided that the notification is provided by the member at the latest 48 hours before the expiry date of the current Membership, in accordance with the provisions of Article 8, "Termination" below.

The Member has the possibility of opting either for a Fixed-term Membership which will not be renewed automatically at its term, or a monthly Membership renewed from month to month of indefinite duration that the Member may terminate at any time at the provided that the notification is made by the member to MMfreelancers at the latest 48 hours before the monthly expiry date of the current Subscription.

The member can at any time notify MMfreelancers of his wish to terminate his Membership free of charge by unchecking his subscription form in the "My Account" section of MyDasboard.

In addition, information on the expiration of a Member Membership is provided to Members in the "My Account" section, which allows them to manage their Membership.

4.3. Conditions for Upgrading Membership for Expresso and Lungo Services

In the event that a Member holding a Membership wishes to benefit from the additional Services offered by other Membership formulas, he may purchase an Upgrade during his Membership and immediately benefit from the additional Services resulting from the Upgrade. The Member is then billed for the period from the day of the Upgrade subscription until the end of the current Membership.

The member can also subscribe to other one-off Services by purchasing Credits.

Article 5. Privacy and Protection of Member Data

Marcom World srl adheres to the most stringent European standards for protection of privacy and personal data and has made the relevant declarations to the authorities of each country in which Marcom World is active.

Every Member may, via email to info@MMfreelancers.be or by filling in the contact form, taking care to provide their personal identifiers, access or request access to the information concerning them to change or delete it or prohibit its use for certain purposes by Marcom World. 

Every Member can, when they register or at any subsequent moment, freely request from Marcom World srl that they receive or no long receive information emails concerning the services offered by MMfreelancers and/or the promotional offers sent to them via email and/or on their mobile phone by Marcom World srl  and/or their partners in accordance with the law. 

5.1. Information collected about you: principle

The Member is required to provide information concerning them when they become a Member of MMfreelancers, when they register for a Membership. Some informations are compulsory in order to be able to use the Services.

5.2. Type of information collected

The personal information collected by MMfreelancers for the requirements of the services that is offers may include your name, postal and/or email address, your telephone number(s) and your bank  details. 

In addition, certain non-personal information may be collected, including the Member's browser version or that of any other user (Firefox, Chrome, Safari, Internet Explorer etc.), the type of operating system used (Windows, Mac Os etc.) and the IP address of the computer used.

Marcom World srl may use cookies, designed to store information identifying the Member when MMfreelancers websites are viewed in order to prevent them having to enter this information on every page they view. Moreover, these cookies are required for Marcom Wordl to provide the Services the Member has registered for. However, the Member is able to prevent the use of cookies by changing the options in their Internet browsing software

5.3. Access to information

5.3.1. The information about you which is collected during your Membership to the MMfreelancers services and your registration for our Services are used to offer you our different Services. Every precaution has been taken on our databases to store your information in a secure environment. Only some of our employees have access to your information, which they can access only when they need to.

The personal information provided during your registration which does not comprise your personal advertisement and your profile will not be accessible to third parties, nor sent, sold or exchanged, except in the cases specified below and subject to your prior information and agreement, or in assumption of your non-opposition hereto. 

5.3.2. We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration, at not cost other than that incurred in the sending of your request at the time of your registration or at any other time thereafter. If you do not wish to receive any special offers from Marcom World or our partner companies, please specify this when you register, or at any time thereafter, in "My Account" on the MMfreelancers website.

5.3.3. Marcom World may occasionally share general aggregate socio-demographic information and statistics with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you. 

 

Article 6. Intellectual property
6.1. Content broadcast by Marcom World

The trademarks (including MMfreelancers), logos, graphics, photographs, animations, videos and texts featuring on the sites and in the Services are the intellectual property of Marcom World srl and may not be reproduced, used or represented without the express permission of Marcom World srl or its partners, under threat of legal action.

The rights of use accorded by Marcom World srl to the Member are strictly limited to use of these documents for private and personal purposes in the scope of and for the duration of the Member's Membership. Any other use by the Member is prohibited without the authorization of Marcom World.

In particular, the Member is prohibited from modifying, copying, reproducing, downloading, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, pages of the Sites or software code for elements comprising the Services and Sites.

6.2. Content provided by Members

The Member grants Marcom World srl a licence to use the intellectual property rights attached to the content provided by the Member as part of their use of the Services. This licence in particular incorporates the right for Marcom World srl to reproduce, represent, adapt, translate, scan, use for the purposes of the Services or sub-licence the content concerning the Member (information, images, descriptions, search criteria etc.) on all or part of the Services (on the Sites, by email) and/or in mailings sent by Marcom World and, in a general manner, on all electronic communication media (email, text messaging, MMS, WAP, Internet) as part of the Services.

The Member expressly authorises Marcom World to modify the aforementioned content in order to conform to the look and feel of the Services or other communications media specified above, and/or to make this content compatible with its technical processes or appropriate media formats.  These rights are worldwide and exist for the term of implementation of the General Conditions of Use between the Member and Marcom World. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own personal and private use.

 

Article 7. Liabilities and Warranties
7.1. Functioning of the Sites and Services

To use the Services, the Member must have the necessary hardware equipment, software and the necessary parameters required to properly use the Services: the most recent version of the Internet browser, Javascript functions enabled, cookies enabled, and pop-ups enabled.

The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.

Marcom World does not guarantee that the Services will function if the Member activates a "pop-up killer" tool.

Marcom World does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its Service properly. Furthermore, smartphone applications are only available to Members in possession of the smartphone handset and Internet access is required. 

In this context, Marcom World cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Sites resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider, blockages on the Internet networks or for any other reasons outside the sphere of influence of Marcom World which are classified as a case of force majeure under French law.

Use of the Services may be temporarily interrupted for maintenance work, updates or technical improvements, or to develop the content and/or their presentation. Whenever possible, Marcom World shall inform its Members prior to maintenance work or updates.

7.2. Information and content supplied by the Members

7.2.1. The information supplied by a Member to Marcom World srl must be accurate and conform to reality. The consequences of disclosing information on the life of the Member and/or that of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via the Services personal information, data, text, content and images. Consequently, they Member waives all recourse against Marcom World, notably on the basis of any possible damage to the Member's right to their image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by the General Conditions of Use, in particular by Article 5, "Privacy and Protection of Member Data," since the Member has given their prior, free and express consent to such revelation through their registering for the Services and in application of the General Conditions of Use.

7.2.2. Marcom World cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, visitors to the Sites and/or the Member themselves. Correspondingly, Marcom World cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties and which Marcom World has proven that it was not informed of by a Member or by a third party or that it did not have actual prior knowledge of or that it has not breached any of its contractual obligations.

Marcom Wolrd shall not be held liable by any Member in the event that certain and definitive proof is established of a breach by Marcom World srl or by one of its Service Providers of the contractual obligations of Marcom World, which causes a Member actual and direct damage. Where applicable, Marcom World will be responsible for demonstrating that it has not breached any of its contractual obligations. Marcom World srl will not be responsible for any direct or indirect damage suffered by the Member where this damage is caused by the Member or is the result of a case of force majeure.

7.2.3. The quality demanded of the Services by both Marcom World and by its Members involves Members being ethical in their expression and behaviour, respecting the rights of third parties, as well as compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, Marcom World allows Members to notify it of the data (photograph, text, video), behaviour or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Services, the rights of any third party, or general good standards.

Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Services, may be notified by other Members, moderated and/or monitored by Marcom World, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of their contractual obligations, the provisions of the General Conditions of Use, in particular the Article "Termination", may be applied. Based on the behaviour or words of the Members, the monitoring team may take the decision to block any new registration.

7.2.4. In the event that any damages are brought against Marcom World due to any breach by the Member of its obligations under the law or these Conditions of Use, the Member shall guarantee Marcom World against any judgments made against it arising from the breach attributed to the Member.

7.3. Links

Marcom World  is only responsible for hypertext links which it creates and is unable to monitor external sites and sources (third party sites or mobile applications, social networks etc.) to which the hypertext links accessible on the Services redirect and which it has not created.

Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or use of these external websites and sources are governed by their own General Conditions of Use.

 

Article 8. Termination

Any Member can terminate their subscription to the Services by asking Marcom World srl to close their account at any time, without any charges other than those associated with submitting their request, and without the need to give a reason. This request will be assumed to come into effect on the business day after the request to close the account in question is received by Marcom World. This request does not result in a refund for the remainder of the Member’s Subscription period.

Termination of the Member’s Subscription at their request comes into effect on the date on which the Subscription comes to an end, as long as the request is submitted by the Member to Marcom World srl at least 48 hours before that subscription’s end date.

Without prejudice to the other provisions in the Terms and Conditions of use, in the event of a serious breach by the Member, Marcom World srl will close the Member’s account without warning or notice. This termination will have the same consequences as if the Subscription had been terminated by the Member.

Without prejudice to the other provisions in the Terms and Conditions of use, in the event of a breach by the Member, Marcom World srl will close the Member’s account 7 (seven) days after sending the Member an email asking them to comply with the Terms and Conditions of Use if there has been no response in that time.

This termination will be without prejudice to any damages and interest that might be claimed by Marcom World srl against the Member or their assignees and legal representatives as compensation for damage suffered by Marcom World srl or their assignees and legal representatives because of these breaches.

The Member will be informed by email of the termination or confirmation of the closure of their account. Information about the Member will be destroyed at their request or at the end of any standard statutory deadlines starting from the date on which the Member’s account was closed.

 

Article 9. Agreement between the Member and Marcom World srl

These Terms and Conditions of Use constitute a contract governing the relationship between the Member and Marcom World srl. They cancel and replace all previous provisions that are not specifically mentioned or contained in the annexes and constitute all the rights and obligations of Marcom world srl and the Member about their subject.

If one or more stipulations in the Terms and Conditions of Use are declared invalid in accordance with a law, a regulation or following a final ruling of a court of competent jurisdiction, the other stipulations will retain their full force and effect, as far as that ruling allows. Furthermore, if one Party does not invoke a breach by the other Party of any of the provisions of the Terms and Conditions of Use, this cannot be interpreted as them renouncing their right to invoke such a breach in the future.

 

Article 10. Changes to Services or the Terms and Conditions of Use

Marcom world srl  can change the Terms and Conditions of Use at any time. The Member will be informed of the nature of these changes as soon as they are uploaded to the Websites. The changes will come into force one month after they have been uploaded to the Websites. For Members who sign up after the changes have been uploaded to the Websites, the changes will be applicable immediately as they will have been explicitly accepted when those people became Members. If applicable, the Member will have a number of options:

10.1. The Subscription initially taken out by the Member has not yet expired

In this case, the Member can demand that the Terms and Conditions of Use that were in force when this Subscription was taken out are maintained until the initial end-date of the Subscription.

10.2. The initial term of the Subscription taken out by the Member has expired

In this case, the member can implement the procedure described in the article on “Termination” during the 4 (four) months after the new Terms and Conditions of Use come into force. After this period of 4 (four) months, the new Terms and Conditions of Use are assumed to have been accepted by the Member, as they have not expressed a desire to close their account.

Members are therefore asked to consult the version online on the Websites at all times.

Article 11. Applicable law - Jurisdiction

These Terms and Conditions of Use are governed, interpreted and applied in accordance with Belgian law, and the language of interpretation is English.

If there is a dispute over the meaning of a term or a provision in the Terms and Conditions of Use, the Member can contact Marcom World srl  by writing to Marcom World, Avenue Arnaud Fraiteur 15-23. 1050 Brussels, Belgium or by email to info@MMfreelancers.be, making sure they provide their personal details.

Article 12. About the owner of MMfreelancers

Marcom World SRL
Avenue A. Fraiteur 15-23 - 1050 Brussels
Belgium

Email address : info@MMfreelancers.be

Company number : BE-0502.678.249

If you have any questions you can contact Marcom World via the contact form.

 

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