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Terms and conditions
TERMS AND CONDITIONS
OF USE www.Wisar.co
The refusal to accept this Terms and Conditions of Use implies the impossibility of the user to use the platform- The owner of the platform may offer services whose particular conditions will be specifically reported to each user in each specific case.
The platform is not intended to be used, or targeted to, anyone under the age of 16 years old. The access and use of the platform www.wisar.co implies that you are at least 16 years old. Please, activate parental control to prevent and control the access of minors to the internet and inform minors about all the aspect related to security.
- IDENTIFICATION OF THE OWNER
According to Spanish regulation Act 34/2002, 11th July, Information Society Services and Electronic Commerce, this document constitutes the Terms and Conditions of Use that regulates the navigation and use of the website located at the URL www.wisar.co (hereinafter “Platform”).
www.wisar.co is a website managed by TALENT REVOLUTION, S.L. (hereinafter “WISAR”) Spanish company, with registered offices in Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (Spain), with Tax ID number B-66896911 and registered in the Trade Register of Barcelona, Tome 45664, page 6, section 6, sheet B495058, Inscription 1.
From WISAR we ensure that the contents of the Platform are up-to-date although the information may be inaccurate or inconclusive in some aspect. In any case, WISAR will not be responsible for the transmissions of information among users of this Platform.
It is forbidden any kind of communication that infringes or violates someone else’s rights and any kind of transmission which content is threatening, obscene, defamatory, pornographic, xenophobic, threatening the dignity of the person or the rights of children, or that violates the current legality.
It is also forbidden the inclusion and communication and provision of any false or inaccurate personal information that induces or may induce errors to other users.
- WISAR’S OPERABILITY
WISAR has developed a platform that allows freelancer to enter and get registered to receive offers that fit their professional profile, and that in general, can be developed with a certain flexibility when it comes to timetables and location.
In WISAR’s platform, companies and common people can also get registered to look for professionals to develop their own project.
Access to the Platform is free and is intended to be used by people over 16 years old. However, in order to access the services offered by WISAR, users will have to register through the platform. Accordingly, there are two types of users:
- PROFESSIONALS: Individuals who offer their services individually (not attached to an organisation) and whose registration is intended to inform about their professional experience and willingness to offer their services. For their registration, they must complete at least the following personal information: name, surname, date of birth, country of birth, gender and valid email. You will have to choose a personal password and expressly accept all legal notices of WISAR. In addition to benefit from all the services offered, WISAR will ask for additional information in order to complete the professional profile of any user, such as: profile picture, nationality, ID, professional address, contact phone, availability, place and area of work, academic and professional experience, as well as any other data considered convenient to complete their user profile.
- CLIENTS and/or SUPPLIERS: Individuals or legal entities that, through their registration, wish to inform about the possible services or work execution to be carried out by the Professionals. For this, a registration process will be necessary, having to complete at least the following information: name/corporate name, CIF/NIF, professional address, country where the company is duly registered and city where the designed professional is (indicating his/her name and surname and valid email address). The user will have to choose a personal password and expressly accept all legal notices of WISAR. Once registered, the CLIENT/SUPPLIER may offer their services or work executions with all the requirements to cover its correct development.
Regardless of their category, the requirements to use the platform and its services are the followings:
- Accept all legal notices.
- To not have been expressly expelled from the platform by WISAR previously.
- To have only one personal account.
- To keep the personal information updated.
- To not proved fake information.
- To not create an account on behalf of someone else without his/her specific consent.
By using WISAR’s Platform you guarantee that you have the full right and ability to access this platform and you agree to follow and respect the Legal Notices and not to infringe any law or regulation of the country where you reside. As an user of this platform, you are solely responsible for respecting the laws of your region.
WISAR may reach any user asking for any additional information to verify all information provided. In the event that such requested documentation is not provided within ten calendar days, WISAR reserves the right to block or cancel the users account. All Data provided by the users will be exclusively reviewed by WISAR’s authorised staff for its verification.
- CONDITIONS FOR ACCESS
By using WISAR’s Platform, you commit to:
- To provide valid personal information and to keep it update it.
- To use the services provided according to these Terms and Conditions.
- To keep your credentials and password safe without transferring them to any third party. As user of the platform you are solely responsible for the use of your password. You will find more information about concerning the password in section 5 of these legal conditions.
- To take full responsibility of all the activities that are carried out through your personal account and you commit not to sell, transfer, grant license or assign your account. Except for those people or companies that have express authorization to create accounts on employers or customers behalf.
While using WISAR’s platform, you commit to not do any of the following premises:
- To not make an unauthorised or fraudulent use of the Platform or of the contents with illicit ends, prohibited in these Terms and Conditions of Use, harmful to the rights of third parties, or that in any way that can harm, render useless, overburden, deteriorate or impair the normal use of the Services, informatic equipment or any document, files of all kind of content stored on any computer equipment.
- To not upload any pictures or any other kind of content that shows violent images, full or partial nudes, discriminatory, illegal, distasteful, pornographic through the Platform. In particular, but not limitative, the User undertakes not to transmit, disseminate, content, messages, pictures, sounds or images, software, or any kind of material that:
- In any way is contrary, underestimate or attempt against the fundamental rights and public liberties recognised constitutionally, in International treaties and in the rest of legislation;
- Induce, incite or fosters criminal, degrading, defamatory, defaming, violent actions or whatsoever in general is contrary to the law, and generally accepted moral standards and good practice;
- Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of sex, race, religion, beliefs, age or condition;
- Incorporate, makes available or allow access to products, elements, messages and/or criminal services, violent, offensives, harmful, degrading or in general contrary to the law, and generally accepted moral standards and good practice
- Induces or incite involvement to an unacceptable state of anxiety or fear;
- Induces or incite involvement in practices that may endanger, put at risk, or harm one’s health or mental stability;
- Contains spy ware, adware, virus, corrupted documents, worm programs or any other code maliciously intended to interrupt, harm or limit the functionality of any computer software, hardware, telecommunication, net, servers or any other equipment, trojans or any other material intended to damage, interfere with, intercept or expropriate any information or personal data from WISAR.
- Solicit, collect or use credentials to log in from other users.
- Participate in unlawful multi-level marketing.
- Publish financial information of a third party.
- Disturbing, intimidating or persecuting other users.
- Use our Platform to carry out unlawful acts or malicious acts.
- Create false profiles or secondary accounts.
- Use for profile photography, images or photographs of people who are not yourself.
- Include false professional and academic information.
- Conducting advertising or marketing information directly or covertly or spam against the Law for the Information Society and Electronic Commerce Services (LSSI).
- Infringe any other intellectual property, brands, trade secrets, copyright from a third person (you will find more information on the Policy of Intellectual Property).
- Profile creation that promotes unlawful services.
- To use any technique to decompile, or otherwise attempt to extract source code from the Platform.
- Reveal any type of confidential information.
- You will not collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission to generate data bases.
- You will not encourage or facilitate the breach of these Terms and Conditions of Use or any of our Legal Texts.
- You will not use content from third parties that contain, whether to advertise or promote, services related to drug use, alcohol, adult dating or pornography without the appropriate age warnings.
- You will not create or engage pyramid scheme, frauds or similar behaviours.
- Cancel any security function of the Service.
- Interfere with Platform Services or unfairly load them with Spam, denial of service attacks, viruses or game algorithms.
If we consider that you breach any of the above conditions, we reserve the right to withdrawal the published content, as well as to eliminate your account and restrict your access to the Platform, regardless of any prejudice to the pertinent legal actions in each case.
The use of passwords is a security element established by WISAR for the identification and authentication of its users, therefore, the password is personal and non-transferable, and must be generated by the user according to the rules of robustness and complexity established at any time by WISAR. The password created by the user will have unlimited time validity, however Users may change it when they deem it necessary.
Users are responsible for the proper safeguard and confidentiality of any identifiers and / or passwords they select, and agree not to assign their use to third parties, either temporarily or permanently, or allow their access to outsiders. Users will be responsible for the unlawful use of the Platform and its services by any illegitimate third party, that may access the Platform using their password.
In accordance with the above, it will be the user’s obligation to immediately notify the Platform’s managers about any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access, to proceed to their immediate cancellation.
- LIMITATION OF LIABILITY
- WISAR can modify the content of the Platform, its services, rates, guarantees, etc… at any time and without prior notice.
- WISAR can provide to the user links or other elements that grant access to other websites belonging to third parties. We do not market the products and services of these linked pages, neither we assume any responsibility for them, nor for the information contained in them, nor for their veracity or legality, nor for any effects that may arise. In any case, WISAR declares that it will proceed to the immediate withdrawal of any content that may contradict national or international legislation, morals or public order, proceeding to the immediate withdrawal of the redirection to said website, informing the authorities the content in question.
- The indicated prices on the platform are valid save typographical errors and can be modify at any time without prior notice.
- It is not necessary to be registered on the Platform or to give any personal information to surf it. However, mostly all of the services offered by WISAR require having registered an user account.
- WISAR cannot ensure the uninterrupted or error-free of the Platform. Therefore, we are not responsible for any damage produced while using the Platform.
- WISAR offer its services and products indefinitely, being able, nevertheless, to suspend the provision of it, unilaterally and without previous warning.
- This Platform has been reviewed and checked to ensure that it functions properly. In theory, it is granted to work 365 days 24 hours. However, WISAR does not exclude the possibility that there may be some programming errors, or that majeure forces occur, natural disasters, strikes, or similar circumstances that lead to an impossible access to the Platform.
- WISAR will not be responsible for any damages caused by a misuse of the Platform by the user.
- This limit of liability is part of the agreement between WISAR and the User. It is applicable in any claim of liability, negligence, guarantee, damages, among others.
Certain legislations do not allow certain exclusions of liability, in such case, those exclusions will not be applicable in the specific case. Likewise, if any provision is declared null, it will not affect all the accepted conditions or the remaining provisions.
- GENERAL CONTRACTING CONDITIONS
These Terms and Conditions of Use regulate the access to the Platform for the interrelation between the Users and the achievements of user’s participation on the projects facilitated by WISAR (hereinafter, “Collaborations”)
WISAR will not act as an agency or an intermediate between professionals and users/suppliers. In a general basis, the access to WISAR’s Platform is free for its users, however, additional services may be offered with an additional cost. Applicable charges and the characteristics of the additional services will be shown during the corresponding process when the project offer is being elaborated.
Each project may contain its own terms and conditions that could be shown on WISAR’s Platform or may be directly agreed with the user/supplier. The User/Supplier, has to provide the Professional with all the required information related to the Collaboration that are eventually required. The development and the negotiation of the projects, the collaboration and the fulfilment of it, is an exclusive responsibility that remains on the users involved on the Collaboration.
Users are free to determine the modality of the Collaboration, as long as it does not contradict with the Spanish legislation, nor the legal provisions from the User’s different countries.
Professionals’ reputation on WISAR depend on the fulfilment of their Terms and Conditions and the particular conditions of the Collaboration. This is why the Professionals, firm a commitment with WISAR to save and comply with strict confidentiality concerning the Collaborations establish. For that purpose, without prejudice of any other agreements that have been agreed between the parties in the Collaboration, Professionals must comply with strict confidentiality with regard the users, and recognize that any provision of services or execution of work carried out on the framework of the collaboration will be for the full ownership of the client/supplier without any right of authorship and ownership for the Professional.
By “Confidential Information” it is understood the information provided, whether in writing, verbally or in graphic, electronic or any other support, by the Professional in the framework of Collaboration with the client/provider and that has a significant value that could be diminished if it was disclosed to a third party. To the extent that it is consistent with what has been said above, “Confidential Information” will cover, without limitation to: trade secrets, product information, plans, specifications, designs and rates; application program interface (API), financial information that is not in the public domain, including forecasts, budget and data, studies, budgets for marketing and publicity campaigns; business strategies; contracts, terms and conditions, procedures; development and investigation plans; business plans; modifications and development plans for new or future products; sales forecasting; business projections; business analysis; pertinent information about clients or suppliers; software (all kind of data and codes), software and hardware designs, architecture and protocols, manufacturing processes, logistics and sales.
Once the collaboration is completed, the professional will refrain from using the Confidential Information to which he would have had access as a result of his Collaboration with the Client/Supplier and will eliminate it from any database which it could have been hosted.
The Professionals are the soles responsible, that the Collaboration with the Client/Suppliers comply with any legal requirements that the Spanish legislation stipulates in labour matters, contractual, social security and those legal requirements of the countries of the respective User to realize the Collaboration at the indicated territory.
To such, WISAR makes available all the infrastructure necessary; however, WISAR will not represent any User and it cannot be considered as a contracting party between Professionals and clients/providers. Once the Collaboration is finished, the Client/Supplier will deliver an invoice on behalf of […introduce name…] and will pay the Service fee plus a commission to WISAR, who will be responsible for proceeding the payment for to the User. Payment for the Service to the User will be made once the provider has satisfied the payment to WISAR. Under no circumstance, will WISAR be responsible for the lack of payment of the suppliers.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
Intellectual property and any right of exploitation and reproduction of this Platform are exclusive property of WISAR. Any undue use by third party will be prosecuted in accordance with the in-force and applicable legislation.
WISAR is holder of all the rights of industrial and intellectual property of the Platform, as well as all the elements on it (including, without limitation, graphic design, source code, logo, contents, images, texts, graphics, illustrations, photography’s, data base and any other element shown on the Platform), unless otherwise indicated.
However, the reason why a dispute may be established over the ownership or exploitation of the aforementioned resources, the holder of the Platform will be cautioned to withdraw them.
Professionals and Clients/Suppliers will be the legitimate owners or will have the proper authorization for the use of the photographs or logos that they use in their identification as a User, excluding WISAR from any type of responsibility in case of any claim of a third party for the violation of rights over the aforementioned photographs or logos.
The user acknowledges that the reproduction, distribution, marketing, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of this website constitutes an infringement of intellectual and / or industrial property rights of WISAR or the holder thereof.
The Platform may contain hyperlinks to other websites, some of which are not edited, controlled, maintained or supervised by WISAR, therefor, WISAR is not responsible for the content of such websites. Their respective owners are the soles responsible for their content, and WISAR does not guarantee or approve such contents for the mere fact that a hyperlink to them is established on the Platform. The function of the links that appears on this Platform is exclusively to inform the user about the existence of other sources of information on the subject on the Internet, where you can expand the information offered on this Platform. WISAR will not be in any way responsible for the result obtained through such hyperlinks.
Those users who wish to establish hyperlinks to the Platform must refrain from making false, inaccurate or incorrect statements about the Platform or its content. Under no circumstances will be declared or implied that WISAR authorizes the hyperlink, or that it supervises, approves or assumes in any way the contents or services offered or made available to the web page in which the hyperlink to the Web is established. The establishment of the hyperlink does not imply in any case the existence of any relationship between WISAR and the owner of the website on. Hyperlinks to the Web will not be established on web pages that include information or content that is unlawful, immoral or contrary to good customs, to public order, to uses accepted on the Internet or that in any way contravene the rights of third parties.
In order to be registered as a Professional and/or Client/Supplier to access WISAR’s Services, you must read the PRIVACY POLICIY and grant us your consent through the checkbox shown on the registration form, authorising us for the treatment of your personal data. Likewise, due to the Services offered through the Platform, Users must consent that their personal data may be brought to the attention of the rest of the Users registered in the Platform.
- APPLICABLE LEGISLATION
Any dispute or conflict that may arise from matters relating to the use of the Platform shall be exclusively subjected to the jurisdiction of the courts of the city of Barcelona. You expressly waive the right to subject any controversy that may arise, to any other jurisdiction that you may be entitled and agree to submit any dispute resulting from the existence, access, use or content of the Site solely to the Courts of Barcelona.
You may terminate this Agreement by notifying us or deleting your account at any time. In case you fail to comply with any of the provisions contemplated in this Terms and Condition of Use, any kind of legal dispute arises as a result of actions derived from the use of our Platform, we reserve the right to terminate our agreement unilaterally, without prejudice to the continued application of clauses that by their nature subsist in after their termination.
You will be able to reach WISAR at any time through postal mail, to Media WISAR, S.L., Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (España); or through e-mail, at email@example.com.
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