GIGERS GENERAL TERMS AND CONDITIONS OF USE AND SALE

Article 1.         Object
 
These general terms and conditions are intended to define the terms and conditions of access, use and sale of services as described in Article 5 (hereinafter the "Services") offered on the internet and mobile website accessible at the URL https://www.gigers.io as well as on all its sub-domains, including, for example, the sub-domain https://www.blog.gigers.io constituting the blog (hereinafter the "Blog"), and all other websites through which Gigers offers the said Services (hereinafter the "Website") and the present and future mobile, tablet and smartphone applications as well as application program interfaces (hereinafter the "Applications") published by the operator as referred to in Article 4, as well as to define the rights and obligations of the parties in this context. The Website, Applications and Services are collectively referred to hereafter as the "Gigers Platform". These Terms and Conditions apply to all Users and Members, as defined in Article 2. They also apply to all Services as well as to any variation or extension of the Website and Applications on existing and future social media and / or community networks. By accessing or using the Gigers Platform, Users and Members agree to be bound by these Terms and Conditions and to comply with them. These Terms and Conditions constitute a legally binding agreement (the "Agreement") binding Users and Members to Gigers.
 
These general terms and conditions are accessible and printable at any time by a direct link at the bottom of the homepage of the Website and Applications.
 
YOU SHOULD READ THESE GENERAL TERMS AND CONDITIONS OF USE AND SALE WITH ATTENTION. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS.
 
They may be supplemented, where appropriate, by special terms and conditions of use and sale specific to certain Services. In case of contradiction, the special terms and conditions prevail over these general terms and conditions of use and sale.
 
The manner in which we collect and use personal data about Users and Members in connection with their access to the Gigers Platform and their use of the Gigers Platform is described in our Privacy Policy.
 
These General Terms and Conditions of Use and Sale do not confer and are not intended to confer rights or recourses on anyone other than the parties.
 
 

Article 2.         Definitions

For the purposes hereof, the terms listed below have the following meaning:

 
 | « Posts » | collectively refers to the Private Workspaces Profiles, job offers and sponsored content published on the Website and Applications by Advertisers.

| « Advertisers » | collectively refers to the Hosts, Employers and Sponsors who publish Posts on the Website and Applications.

| « Application(s) » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale.

| « Badge » | has the meaning assigned to it in Article 11 of these General Terms and Conditions of Use and Sale.

| « Blog » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale.

| « Account » | means the personal account available to a Member following his/her registration on the Gigers Platform. The creation of such an Account is a prerequisite to access the various Services (other than the Blog and the Online Shop). It includes a Personal Profile, a Dashboard and, where appropriate, access to the Profile(s) of his/her Private Workspace(s) (if the Member is also an Host).

| « Content » | has the meaning assigned to it in Article 8 of these General Terms and Conditions of Use and Sale.

| « Users Content » | has the meaning assigned to it in Article 8 of these General Terms and Conditions of Use and Sale.

| « Gigers Content » | has the meaning assigned to it in Article 8 of these General Terms and Conditions of Use and Sale.

| « Agreement » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale.

| « Publisher » | refers to Gigers as publisher of the Website, Blog and Applications.

| « Employer » | means any natural or legal person who publishes a job offer on the Website and Applications of Gigers in the "Job Offers" section. The Employers are bound to Gigers by a job offers publication agreement independent of these General Terms and Conditions of Use and Sale. Employers are Users of the Gigers Platform and may or may not be Members of the Gigers Platform.

| « Private Workspace » | means any room and / or private area which a Host promotes on the Website and Applications through a Private Workspace Profile. 

| « Publication Service Fee » | means the service fees applied to Advertisers (Hosts, Employers and Sponsors) in exchange for the publication services of their Posts provided by Gigers on its Website and Applications.

| « Gigers » | refers to the operator of the Services as described in Article 4.

| « Gigsurfing » | has the meaning assigned to it in Article 5 of these General Terms and Conditions of Use and Sale.

| « Gigcoins » | has the meaning assigned to it in Article 11 of these General Terms and Conditions of Use and Sale.

| « Members » | has the meaning assigned to it in Article 3 of these General Terms and Conditions of Use and Sale. Members are Users who have created an Account on the Website and / or Applications following the procedure described in Article 7. Members are necessarily Users.

| « Hosts » | has the meaning assigned to it in Article 5 of these General Terms and Conditions of Use and Sale.

| « Gigers Platform » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale.

| « Price of a coworking session » | means the amount in euros, excluding tax, per person requested by a Host to make a booking for a coworking session in his/her Private Workspace for the duration indicated in his/her Private Workspace Profile.

 | « Private Workspace Profile » | refers to the profile available to a Host via the Gigsurfing service and in which he/she can fill in certain information regarding the Private Workspace he/she is promoting.

 | « Personal profile » | refers to the profile available to a Member following his/her registration on the Gigers Platform and in which he/she may fill in certain personal information in order to facilitate his/her connection with other Members.

| « Users Feedback » | has the meaning assigned to it in Article 17 of these General Terms and Conditions of Use and Sale.

| « Services » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale.

| « Hosts Services » | has the meaning assigned to it in Article 5 of these General Terms and Conditions of Use and Sale.

| « Third-party Services » | has the meaning assigned to it in Article 20 of these General Terms and Conditions of Use and Sale.

| « Website » | has the meaning assigned to it in Article 1 of these General Terms and Conditions of Use and Sale. This term includes the internet and mobile website accessible at the URL https://www.gigers.io as well as all its subdomains including, for example, the subdomain https://www.blog.gigers.io constituting the Blog, and all other sites through which Gigers provides the Services.

| « Sponsor(s) » | means any natural or legal person who promotes its products, services and / or online courses or training on the Gigers Website and Applications, either in the "Perks and Discounts" section, in the "Resources" section, or in the "Academy" section, through the publication of sponsored contents. Sponsors are bound to Gigers by a sponsorship agreement that is independent of these General Terms and Conditions of Use and Sale. Sponsors are Users of the Gigers Platform and may or may not be Members of the Gigers Platform.

| « User(s) » | has the meaning assigned to it in Article 3 of these General Terms and Conditions of Use and Sale. To complete this definition, it is specified that User(s) designates any natural or legal person who consults the Website, the Blog and / or the Applications and / or who uses the Services offered by Gigers as a Member. Hosts, Sponsors and Employers are Users. Users may or may not be Members of the Gigers Platform.
 
The terms "Gigers", "we", "us" or "our" used in these General Terms and Conditions of Use and Sale refer to the operator of the Services, as described in Article 4 below.
 
 

Article 3.         Access to the Website, Applications and Services
 
The Services are not accessible to minors under 18 years old. By accessing or using the Gigers Platform, Users certify that they are at least 18 years old and have the ability and the power to contract.
 
The Services are accessible, subject to the specific restrictions provided in these General Terms and Conditions of Use and Sale, on the Website or on the Applications to:
 
-                    any natural person with full legal capacity to commit under the present General Terms and Conditions of Use and Sale, according to the laws in force in his/her country. A natural person who does not have full legal capacity can not access the Website, Applications and Services.
 
-                    to any legal person acting through a natural person having the full legal capacity to contract in the name of or on behalf of the legal person according to the laws in force in his/her country and acting for purposes within the framework of his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
 
hereinafter referred to together as "Users".
 
As described in Article 7, Users creating a Personal Account on the Website and / or the Applications become "Members" of the Gigers Platform.
 
Gigers may subject access and use of the Gigers Platform, or certain areas or features of the Gigers Platform, to certain conditions or requirements, such as submission to a verification procedure, satisfaction with certain quality and eligibility criteria, the attainment of certain thresholds of ratings, comments or Badges (as described in Article 11), or a history of reservations and cancellations of a Member.
 
 

Article 4.         Service Operator
 
The Services are operated by the company GIGERS, a simplified joint-stock company with a capital of 10,000 euros, registered at the RCS of Melun under number 829 279 272, whose registered office is located at 42 rue de l’innovation, 77550 Moissy- Cramayel, France, represented by its President, Mr Julien AUCLAIR (hereinafter: "Gigers").
 
 
Gigers can be contacted thanks to the following contact information:
 
Address:                            GIGERS
42 rue de l’innovation
                                          77550 Moissy-Cramayel
                                          FRANCE
 
Email address:                    contact.us@gigers.io
 
Phone number:                  06 79 60 37 17
 
 

Article 5.         Description of Services
 
Subject to Article 10, Gigers offers its Users and Members an online community platform for nomad workers, self-employed workers, remote workers and freelancers. This platform offers its Users and Members various Services briefly described below, it being understood that Gigers reserves the right to offer at any time new free or paid services on the Website and / or Applications. The User is informed that Gigers reserves the right to improve, modify or delete, at any time, without notice and in its sole discretion, all or part of the Services, which the User of the Gigers Platform accepts without reservation. In case of changes to the offered Services, these General Terms and Conditions of Use and Sale will be modified accordingly in accordance with the provisions of Article 25. Gigers will inform Users and Members of any changes to the Gigers Platform, unless such changes are minor or have no material effect on the contractual obligations of the parties. The description of the Services may be completed on the Website or on the Applications if applicable.
 
 
5.1 Social Network - Community Platform
 
Gigers allows its Members to get in touch with other Members in order to break with isolation, surround themselves with others to work, help each other, encourage each other, share good plans, expand their network. Members can thus create a Personal Profile on the Website or on the Applications in which they can indicate:
-                    their last name and first name,
-                    their current location (i.e. the city and country in which they are currently located),
-                    their job,
-                    their company (their current employer or their own company if they are entrepreneurs)
-                    their link to remote work by selecting the appropriate status from among those proposed:
                             §  "I work remotely on a regular basis as an employee"
                             §  "I work remotely on a regular basis as an independent worker / freelance / entrepreneur"
                             §  "I work remotely from time to time as an employee"
                             §  "I work remotely from time to time as an independent worker / freelance / entrepreneur"
                             §  "I am actively looking for a remote job"
                             §  "I am not a remote worker yet but I plan to become one in the near future and I am looking for information"
                             §  "I do not work remotely and do not plan to become a remote worker in the near future"
-                    their date of birth (only the age is visible on their Personal Profile by the other Members)
-                    their gender (which does not appear later on their Personal Profile and is not visible to other Members but is used by Gigers to communicate appropriately with the Member)
-                    their nationality
-                    their skills (by selecting the appropriate ones from the proposed skills)
-                    the languages ​​they practice and their level in each of them
-                    a short biography of up to 1000 characters
-                    links to their profiles on other social networks (Facebook, Twitter and LinkedIn, for instance)
-                    a link to their website, if any (the site of their company, their blog, ...)
 
Once created, this profile is visible to other Members of the Gigers Platform and it is then possible to search other Members of the Gigers Platform by filtering by job types, by location, by age group and by skills.
 
Members can also create a list made up of other Members by "following" them ("follow" button present on the profiles of the different Members). This is a list of preferred Members that a Member can build in order to find them more easily later. It is also possible for a given Member to search his or her list of preferred Members by filtering by job types, location, age group and skills. Members following a given Member and their total number will appear on the profile of the latter in the form of an icon with their photo pointing to their own profile. Members followed by a given Member will also appear on the profile of the latter in the form of an icon with their name, first name, job, company and current location.
 
If a Member is promoting one (or more) Private Workspace(s) on the Gigsurfing service as a Host, a link to the Private Workspace(s) Profile(s) he/she is promoting will also appear on his/her own Personal Profile.


5.2 Promotion of coworking spaces to Members: "Gigsurfing" service
 
Gigers offers a section allowing Members to promote on the Gigers Platform their Private Workspace(s) available for coworking sessions and the services that they offer in this (these) Private Workspace(s) (hereinafter the “Private Workspaces Profiles”) to Members of the Website and Applications looking for this type of workspaces, this service is hereinafter referred to as "Gigsurfing". Members creating this type of Private Workspaces Profiles are "Hosts" and the services they offer in their Private Workspaces Profiles are "Hosts Services".
 
Hosts promoting a Private Workspace are obligatorily:
- legal entities acting through natural persons. In this case, the Host acts as agent of the said legal entity and must have the legal capacity to create a Private Workspace Profile on the Gigers Platform and contract in the name of and on behalf of the legal entity and must act for purposes within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional. Thus, Hosts in the "Gigsurfing" section can be:
·       classic coworking spaces that want to increase their visibility with the Gigers community and increase their filling rate;
·       any company with free and unoccupied workspaces (because their own employees are, for example, nomad or remote workers) and wishing to make these spaces profitable by welcoming outside workers and thus creating an additional source of revenue.
 
Gigsurfing requires the creation of a Private Workspace Profile on the Website and / or the Applications by the Host. The creation of a Private Workspace Profile can be done by any Member of the Gigers Platform by clicking on one of the "Become a Gigsurfing Host" buttons or by clicking on the "Add a place" button in the main menu. This is a paid service, as described in Article 10. The Private Workspace Profile is published on the Website and the Applications after signature of a publication agreement for this type of profiles between Gigers and the Host (different from and adding to these General Terms and Conditions of Use and Sale) and receipt of the payment of the Publication Service Fee by Gigers. Gigers may perform any necessary verification prior to the publication of the Private Workspaces Profiles and reserves the right to refuse the publication of any Private Workspace Profile, in particular those that do not comply with these General Terms and Conditions of Use and Sale.
When published on the Website and the Applications, the Private Workspaces Profiles will be translated by Gigers into the different languages ​​in which the Website and the Applications are available on the date of entry into force of these General Terms and Conditions of Use and Sale, namely German, English, French and Portuguese. Note that all the elements of the Private Workspace Profile will be translated into the different languages ​​except the description of the Private Workspace on it. The price of this translation service is included in the Publication Service Fee of Private Workspaces Profiles, as described in Article 10.
 
 
Members can then consult the Private Workspaces Profiles to obtain information on the different workplaces and the proposed Host Services.
 
 
It is specified that Hosts promoting a Private Workspace in the Gigsurfing section declare and recognize, without any reservation, that they:
- (i) possess any administrative and / or legal authorization for the purpose of renting one or more Private Workspaces of which they have full enjoyment, and / or;
- (ii) act regularly in the context of a mandate in the name and on behalf of a third party duly authorized to carry out the activity under the conditions set out above;
- (iii) are aware of and respect the laws and regulations applicable in their country, especially municipal or prefectural by-laws, co-ownership regulations, and, in general, any other text having a normative value in countries where they propose a workspace in a private or professional capacity;
- (iv) have any authorization necessary for the exercise of an activity whose purpose is renting rooms or private workspaces.
 
It is the sole responsibility of Hosts to identify, understand and comply with all laws, rules and regulations applicable to their Private Workspaces Profiles and the Hosts Services they offer. For example, some cities have laws that prohibit hosting people for a fee for short periods or providing some Hosts Services. In many cities, Hosts may be required to declare themselves, to obtain a permit or license before providing certain Hosts Services, such as preparing food, serving alcohol, offering a sightseeing service or using a vehicle. It is the sole responsibility of Hosts to identify and obtain the necessary permits, licenses or registrations for the Hosts Services they offer. Some types of Hosts Services are completely prohibited. Sanctions may include fines or other coercive measures. For all questions about how local laws apply to Private Workplaces Profiles and Hosts Services published on Gigers, we advise Hosts to always use legal advice.
 
 
5.3 Job offers
 
Members have access to job offers published on the Website and Applications. These job offers are published by Employers through a paid service offered by Gigers. These Employers can be other Members of the Gigers Platform or Users who are not Members. Members may view the content of these job offers on the Gigers Website and Applications and, if interested, may click on the "Apply" button provided to them, which will then automatically redirect them to the website of the Employer who published the corresponding job offer and / or they may get in touch with the Employer thanks to the contact information the Employer indicated in the job offer. Members redirected to Employers websites will then be able to apply to the proposed job offer and will then be subject to the terms and conditions of use and sale of the Employers websites. Gigers has no control over the job offers that are published, nor on the recruitment process put in place by Employers, nor on the publication process of these job offers on Employers websites. Gigers has no control over and does not verify the content of these job offers, their authors, their legality, their truthfulness or if they are up-to-date.
 
Members wishing to create a job offer to publish it on the Gigers Platform in the corresponding section can do so, after logging into their Account, by going to the "Job Offers" section and clicking on the "Post a job offer" link. Users and Members who are not logged into their Account can also apply for posting a job offer on the Gigers Platform in the corresponding section by going to the "Contact Us" page and clicking on the " Post a job offer " link: thus, it is not necessary to be a Member of the Gigers Platform to publish a job offer. In both cases, the link will take them to a form inviting them to enter the details of the job offer they wish to publish and their contact details in order to be contacted. The publication of a job offer is a paid service, as described in Article 10. The job offer is published on the Website and the Applications after signing a job offer publication contract between Gigers and the Member or User (different from and to be added to these General Terms and Conditions of Use and Sale) and receipt of the payment of the Publication Service Fee by Gigers. Gigers may carry out any necessary verification before the publication of job offers and reserves the right to refuse the publication of any job offer, in particular those that do not comply with these General Terms and Conditions of Use and Sale.
When published on the Website and the Applications, the job offers will be translated by Gigers in the different languages ​​in which the Website and the Applications are available on the date of entry into force of these General Terms and Conditions of Use and Sale, namely German, English, French and Portuguese. The price of this translation service is included in the Publication Service Fee of job offers as described in Article 10.
 
 
5.4 Perks and Discounts
 
Gigers offers its Members a Perks and Discounts section with two parts: a first part dedicated to sponsored content published by Sponsors who wish to promote their products and / or services to Gigers’ Members and a second part composed of offers that have been curated and chosen by Gigers and that are offered by third-parties on products and / or services that may be of interest to Gigers’ Members. In both cases, Gigers presents on its Website and its Applications a description of the proposed offer and of the company offering it as well as a link to get the offer. By clicking on this link, the Member is then redirected to the website of the third-party offering the presented offer. The Member can then choose to get the offer and to make a purchase or not on the website of the third-party and according to the general terms and conditions of use and sale of this third-party. Gigers is not responsible for the sale thus made on a third-party website and does not guarantee any result following the purchase thus made.
 
Some of the links thus proposed are sponsored content paid by Sponsors who wish to highlight their products and / or services to Gigers Members. Other links may be affiliate links, which means that Gigers receives a commission each time a Member makes a purchase from the third-party proposing the offer, in accordance with the terms and conditions of the third-party's affiliate program. It should be noted, however, that the Gigers team only recommends products and / or services that it has researched and / or tried itself.
 
Members wishing to create sponsored content to promote their products and / or services on the Gigers Platform in this section can do so, after logging into their Account, by going to the "Perks and Discounts" section and clicking on the "Promote your business" link. Users and Members who are not logged in to their Account can also request the publication of a sponsored content on the Gigers Platform in the corresponding section by going to the "Contact Us" page and clicking on the "Promote your business" link: thus, it is not necessary to be a Member of the Gigers Platform to publish a sponsored content. In both cases, the link will take them to a form inviting them to enter the details of the product or service they wish to promote, a description of their company and their contact details in order to be contacted. The publication of sponsored content is a paid service, as described in Article 10. The sponsored content is published on the Website and the Applications after signature of a sponsored content publishing contract between Gigers and the Member or User (different from and to be added to these General Terms and Conditions of Use and Sale) and receipt of the payment of the Publication Service Fee by Gigers. Gigers may perform any necessary verification prior to the publication of sponsored content and reserves the right to refuse the publication of any sponsored content, in particular those that do not comply with these General Terms and Conditions of Use and Sale.
When published on the Website and the Applications, sponsored contents will be translated by Gigers in the different languages ​​in which the Website and the Applications are available on the date of entry into force of these General Terms and Conditions of Use and Sale, namely German, English, French and Portuguese. The price of this translation service is included in the Publication Service Fee of sponsored contents as described in Article 10.
 
Gigers also reserves the right to publish at its discretion in this "Perks and Discounts" section non-sponsored content and thus promote the products and / or services of a third-party without being compensated in return.
 
 
5.5 Resources
 
Gigers offers its Members a Resources section with three parts: a first part consisting of links and tools useful to its community, a second part consisting of a list of products that Gigers finds useful for its Members and a third part composed of interesting articles for its Members.
 
The links, tools and articles offered in this section are purely informative. Gigers is not authorized to give legal and / or financial advice. Gigers does not guarantee any results from the use of this information.
 
In the first part, some of the links and tools may be sponsored content published by Sponsors who wish to promote their products and / or services to Gigers Members.
 
In the second part, Gigers presents on its Website and Applications a description of products offered and sold by third-parties. By clicking on one of the links, the Member is then redirected to the website of the third-party offering the presented product. The Member can then choose to make a purchase or not on the website of the third-party in accordance with the general terms and conditions of use and sale of this third-party. Gigers is not responsible for the sale thus made on a third-party website. Gigers does not guarantee any result following the purchase thus made.
 
Some of the links thus proposed are sponsored content paid by Sponsors who wish to highlight their products and / or services to Gigers Members. Other links may be affiliate links, which means that Gigers receives a commission each time a Member makes a purchase from the third-party proposing the product or service, in accordance with the terms and conditions of the third-party's affiliate program. It should be noted, however, that the Gigers team only recommends products and / or services that it has researched and / or tried itself.
 
Users and Members wishing to create sponsored content to promote their products and / or services on the Gigers Platform in this section can do so by going to the "Contact Us" page and by clicking on the "Promote your business" link: thus, it is not necessary to be a Member of the Gigers Platform to publish a sponsored content. The link will take them to a form inviting them to enter the details of the product or service they wish to promote, a description of their company and their contact details in order to be contacted. The publication of sponsored content is a paid service, as described in Article 10. The sponsored content is published on the Website and the Applications after signature of a sponsored content publishing contract between Gigers and the Member or User (different from and to be added to these General Terms and Conditions of Use and Sale) and receipt of the payment of the Publication Service Fee by Gigers. Gigers may perform any necessary verification prior to the publication of sponsored content and reserves the right to refuse the publication of any sponsored content, in particular those that do not comply with these General Terms and Conditions of Use and Sale.
When published on the Website and the Applications, sponsored contents will be translated by Gigers in the different languages ​​in which the Website and the Applications are available on the date of entry into force of these General Terms and Conditions of Use and Sale, namely German, English, French and Portuguese. The price of this translation service is included in the Publication Service Fee of sponsored contents as described in Article 10.
 
Gigers also reserves the right to publish at its discretion in this "Resources" section non-sponsored content and thus promote the products and / or services of a third-party without being compensated in return.
 
 
5.6 Online courses
 
Gigers offers its Members an Academy section with a list of online courses or trainings, commonly known as Massive Open Online Courses (MOOCs), that can interest its community and help its Members to improve their skills in the fields that interest them. On its Website and Applications, Gigers presents a description of the courses offered and sold by third-parties. By clicking on one of the links, the Member is then redirected to the website of the third-party offering the course presented. The Member can then choose to make a purchase or not on the website of the third-party in accordance with the general terms and conditions of use and sale of this third-party. Gigers is not responsible for the sale thus made on a third-party website, nor for the content of the course. Gigers does not guarantee any result after following the online course or training.
 
Some of the links thus proposed are sponsored content paid by Sponsors who wish to highlight their online courses or trainings to Gigers Members. Other links may be affiliate links, which means that Gigers receives a commission each time a Member makes a purchase from the third-party proposing the online courses or trainings, in accordance with the terms and conditions of the third-party's affiliate program. It should be noted, however, that the Gigers team only recommends online courses or trainings that it has researched and / or tried itself.
 
Users and Members wishing to create sponsored content to promote their online courses or trainings on the Gigers Platform in this section can do so by going to the "Contact Us" page and by clicking on the "Promote your business" link: thus, it is not necessary to be a Member of the Gigers Platform to publish a sponsored content. The link will take them to a form inviting them to enter the details of the online course or training they wish to promote, a description of their company and their contact details in order to be contacted. The publication of sponsored content is a paid service, as described in Article 10. The sponsored content is published on the Website and the Applications after signature of a sponsored content publishing contract between Gigers and the Member or User (different from and to be added to these General Terms and Conditions of Use and Sale) and receipt of the payment of the Publication Service Fee by Gigers. Gigers may perform any necessary verification prior to the publication of sponsored content and reserves the right to refuse the publication of any sponsored content, in particular those that do not comply with these General Terms and Conditions of Use and Sale.
When published on the Website and the Applications, sponsored contents will be translated by Gigers in the different languages ​​in which the Website and the Applications are available on the date of entry into force of these General Terms and Conditions of Use and Sale, namely German, English, French and Portuguese. The price of this translation service is included in the Publication Service Fee of sponsored contents as described in Article 10.
 
Gigers also reserves the right to publish at its discretion in this "Academy" section non-sponsored content and thus promote the online courses or trainings of a third-party without being compensated in return.


5.7 Internal instant messaging system
 
Gigers provides its Members with an internal instant messaging system that allows them to contact each other and send messages to each other within the Website and Applications. In a dedicated section of the Website and Applications, Members can find all the history of the messages they have sent and received from other Members and search the name of a given interlocutor to find a specific conversation with the latter.
 
Gigers will be able to access at any time the contents of the messages exchanged via this instant messaging system internal to the Website and the Applications and may, if necessary, inform Members of any observations likely to improve future exchanges between Members and take, where applicable, the appropriate measures regarding a Member who, in particular, behaves inappropriately and / or improperly and / or, more generally, does not comply with these General Terms and Conditions of Use and Sale, including in the event that said Member was not reported to Gigers by another Member.
 
 
5.8 Blog
 
Gigers offers a Blog accessible at the URL https://www.blog.gigers.io. It is not necessary to be a Member of Gigers to access it. This Blog consists of articles written by Gigers itself or by invited third-parties allowing Users to find information and have useful tools on nomad and remote working as well as on management and business life in general. These articles are written for purely informative purposes. Gigers is not authorized to give legal or financial advice. Gigers does not guarantee any result after reading these articles and / or after the use or not of the information provided.
 
 
5.9 Online Shop
 
Users have access to an online shop through a link on the Website and Applications of Gigers. This link will redirect them to the website accessible at the URL https://shop.spreadshirt.net/Gigers. It is not necessary to be a Member of Gigers to access it. Gigers is not the owner, nor the publisher of this website which is managed by a third-party in accordance with the general terms and conditions of use and sale of this third-party. This third-party is Spreadshirt, sprd.net AG, Gießerstraße 27, 04229 Leipzig, Germany. In this shop, it is possible to buy goodies flocked with visuals representative of the Gigers community. As stated above, Gigers is not responsible for the sales made in this shop, nor for their delivery: these are governed by the general terms and conditions of use and sale of Spreadshirt. Gigers earns a commission each time a sale is made in this shop according to Spreadshirt conditions and in the form of the payment of a "price of design" defined in advance by Gigers on the Spreadshirt website.
Visitors to this online store are therefore subject to the general terms and conditions of use and sale of Spreadshirt, which is an independent company and different from Gigers. Anyone making a purchase in this online store is therefore legally bound to the Spreadshirt company and in no case to Gigers ; any complaint concerning such a purchase must therefore be addressed exclusively to Spreadshirt and not to Gigers, which would be unable to reply to it.

 

Article 6.         Acceptance of these general terms and conditions
 
The use of the Services on the Website and the Applications assumes previous and mandatory acceptance by the User of these General Terms and Conditions of Use and Sale.
 
Regarding the Blog, the User acknowledges being fully informed that his/her agreement regarding the content of these General Terms and Conditions of Use and Sale does not require the handwritten signature of this document, but results only from his/her consultation of the Blog.
 
For accessing to other Services, the acceptance of these General Terms and Conditions of Use and Sale is materialized by a checkbox in the registration form and constitutes proof that the User has read these provisions and will be deemed irrevocable acceptance of these General Terms and Conditions of Use and Sale. The User acknowledges that he/she is fully aware that his/her agreement regarding the content of these General Terms and Conditions of Use and Sale does not require the handwritten signature of this document, but results only from the fact of ticking the corresponding checkbox in the registration form and of validating his/her registration, which will be deemed to have the same value as a handwritten signature. If the User decides to register using a user account of one of the proposed social networks, the acceptance of these General Terms and Conditions of Use and Sale results solely from the fact, for the User, to enter the identifier and password attached to his/her social network account used, which will also be deemed to have the same value as a handwritten signature. The User acknowledges the proof value of the automatic registration systems of the Website Operator, as defined in Article 4. Except in the case of objective proof to the contrary, the User waives the right to challenge them in the event of a dispute. The User subscribes to these provisions both in his/her own name and in the name and on behalf of his company, principal or agent. This acceptance can only be full and complete. It applies concomitantly (i) to the specific conditions if applicable, (ii) to the privacy policy and (iii) to the cookies policy.
 
Any membership subject to reservations is considered null and void. Users who do not agree to be bound by these General Terms and Conditions of Use and Sale shall not use the Services.
 
Parts of the Gigers Platform use Google Maps / Google Earth mapping services, including Google Maps APIs. Users' use of Google Maps / Earth is subject to the Google Maps / Google Earth Supplemental Terms and Conditions.
 
 

Article 7.         Registration and access to Services
 
Access and use of the Services described in Article 5 (other than the Blog and the Online Shop) requires the User to create an account by registering on the Website and / or the Applications, by filling in the form provided for this purpose. The creation of a personal account is a prerequisite for the use of the Services (other than the Blog and the Online Shop) by Internet users. Users creating a personal account become Members of the Gigers Platform. Any User creating a Gigers Account for a company or other legal entity certifies having the power to legally bind this legal entity and to grant us all the authorizations and licenses provided for by these General Terms and Conditions of Use and Sale.


The Gigsurfing service offered by the Website and Applications can be used to promote Private Workspaces. Users who are not registered on the Website and / or the Applications under the conditions of this Article of these General Terms and Conditions of Use and Sale can not access the Gigsurfing Service and therefore can not publish a Private Workspace Profile as a Host.


Upon registration, the User must provide all the information marked as mandatory. Incomplete registration will not be validated. This mandatory information is:


- a last name ;

- a first name ;

- a valid e-mail address;

- a password.

 

Registration for Services by Users is also possible by using a user account of one of the social networks mentioned during registration. Thus, Users will be able to register via the "Facebook Connect" link or the "LinkedIn Connect" link or the "Google Sign-in" link available on the registration form. In this case, Users expressly authorize Gigers to use all or part of the data they have entered on these accounts. Registered Users may login to the Website and the Applications and create a personal account using the username and password attached to their account of the social network they have chosen and access their personal Account. Users registered for the Services via a third-party social network will be subject to both these General Terms and Conditions of Use and Sale and the general terms and conditions of use and sale of the third-party social network they have chosen.


Gigers reserves the right to (i) deny a User his/her registration on the Website and / or the Applications and (ii) to exclude a Member unilaterally, with or without legitimate reasons.


The registration automatically entails the opening of an Account in the name of the Member which allows him/her to manage his/her use of the Services in a form and according to the technical means that Gigers deems most appropriate to provide said Services.

If he/she has not filled in the information marked as non-mandatory when registering, the Member is invited to subsequently fill in the non-communicated information through his/her Personal Profile, here being specified that access to certain Services requires that this information be given.
 
The Member Account allows him/her to access the different Services as described in Article 5. Thus, the Member has access to:
·       a Personal Profile that he/she can edit to modify the mandatory information provided during his/her registration (last name, first name and password) and to complete the other information marked as non-mandatory;
·       a Private Workspace Profile, if applicable (after becoming a Host via the Gigsurfing service);
·       a dedicated space for sending and receiving messages between Members of the Website and the Applications and / or with Gigers.
 

The Member guarantees that all the information he/she gives in the registration form and / or in his/her Personal Profile is accurate, up-to-date and sincere and is not vitiated by any misleading nature.

The information provided by Members is protected in accordance with (i) the French law n ° 78-17 of January 6, 1978 relating to data, files and freedoms, (ii) the privacy policy and (iii) the Article 18 of these General Terms and Conditions of Use and Sale.

The Member agrees to update this information in his/her Personal Profile in case of changes, so that it is always up-to-date and correct.

The User is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the User commits him/her as soon as it is validated.

The Member may access his Personal Profile at any time after identifying himself/herself using his/her username and password or after identifying himself/herself via the proposed social networks.

If the personal Account or the data contained therein were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the operator of the Website and the Applications could not be engaged, this information being only informative.


It is forbidden to any User to create several Gigers Accounts except if Gigers authorizes him/her beforehand and expressly to do it. It is also forbidden for any User to assign or transfer in any way his/her Gigers Account to another party.

In connection with the use of the Services offered by Gigers, Users commit themselves without any limit or any reservation to:
• ensure that the information provided to Gigers is accurate, truthful and complete;
• communicate a valid email address when registering;
• use the Services provided by the Publisher exclusively for personal use and not resell them to a third-party;
• not to interfere with the peaceful enjoyment of the Services by other Users;
• respect the rights of third-parties;
• respect the image rights and intellectual property rights of third-parties;
• not to impersonate a third-party;
• not to have or upload, by any of the interfaces made available by the Publisher, racist remarks or content that are contrary to public order or morality or that contravene a legislative or regulatory provision in force;
• not to put online and / or reveal on the Website and the Applications false information and / or defamations on (i) a User, (ii) a Private Workspace or (iii) the Website and the Applications, under penalty of incurring civil and criminal liability;
• the LinkedIn, Facebook or Google account used during registration must personally belong and be managed by the User and contain sincere data.
 
 
The Member publishing a photograph on his Personal Profile acknowledges in this regard that he/she will publish a photograph that contains no racist, xenophobic, anti-Semitic, political and pornographic reference. Gigers reserves the right to moderate these photographs and to delete, unilaterally and without notice, any image that does not comply with the provisions of these General Terms and Conditions of Use and Sale.
 
Members are expressly informed that they will have the option of stopping the publication of their Private Workspaces Profiles and information published on their Personal Profile. They must, for this purpose, request the deletion of their Account and the termination of the Services, following the procedure provided for this purpose and defined in Article 21 of these General Terms and Conditions of Use and Sale and in the other publishing agreements that they signed with Gigers, if any.
 
In the absence of fault directly attributable to the Publisher, its responsibility can not be engaged in the context of the publication of these data, whatever the damage alleged by the Member who will be, under the conditions defined above, deemed to have expressly requested the publication of his/her personal data.
 
 

The Publisher does not guarantee the veracity, probity or honesty of the information given by the Users and can not be held responsible for false statements made by a User and disclaims any liability for the use of the Services. In particular, Gigers disclaims all liability with respect to the confirmation of the identity of any Member. Notwithstanding the foregoing, for the sake of transparency and for the purposes of fraud prevention, subject to applicable law, Gigers may, but is not required to, require Members to provide official identification or other information, or to subject to other controls to verify the identity and background of Members.

 

Users nevertheless have the possibility to report to the Publisher, via the email address contact.us@gigers.io, any content that is illicit, illegal or contrary to public order and morality.

 

The User agrees to personally use the Services and not to allow any third-party to use them in his/her place or on his/her behalf, except to bear full responsibility.

He/She is also responsible for maintaining the confidentiality of his/her username and password. The username and password are personal and confidential information, the disclosure of these to any third-party is strictly prohibited. As such, the Member agrees to take all necessary measures to ensure and preserve their confidentiality and their physical and logical security. Otherwise, Gigers can not be held responsible for the loss or theft of usernames and passwords, nor hacking thereof, nor unauthorized access to a Member's Account. Each Member is therefore solely responsible for the security of his/her Personal Profile and the use of the Services made under his/her identification. Any login or transmission of data made using his/her Account will be deemed to have been made by the Member and under his/her exclusive responsibility.

 
He/She must immediately contact Gigers at the contact details mentioned in Article 4 hereof if he/she notices that his/her Account has been used without his/her knowledge or in the event of loss, theft, hack or fraudulent use. He/She grants Gigers the right to take all appropriate measures in such cases, namely:
- replace the Member’s Account credentials where there is a risk that these credentials may be used by a third-party;
- return the Member’s Account credentials in a secure manner.
In addition, the Member agrees to actively cooperate with Gigers to put an end to this unauthorized use of his/her Account.
 
In the event that Gigers has any reason to believe that the password is used in an abusive or improper manner, and more generally for the security of the Website and the Applications, Gigers reserves the right, at any time, without prior notice or formality, and without giving any right to compensation for any loss, including loss of profit, activity or luck, to suspend and / or delete any password or access to the Account. Gigers will, nevertheless and by any means, inform the Member of the consequences of such measures.
 
No third-party is authorized by Gigers to ask Members for their credentials and no Member is permitted to request the credentials of another Member.
 
 

Article 8.         Liability of Gigers
 
8.1 Liability for Services
 
The User has access to the Services described on the Website, the Applications and in these General Terms and Conditions of Use and Sale, in a form and according to the features and technical means that Gigers deems most appropriate.
 
Gigers undertakes to provide the Services diligently and according to the state of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of results, which the Users recognize and expressly accept. Unless expressly stated otherwise on the Gigers Platform, Gigers' responsibilities are limited to facilitating access to the Website, the Applications and the Services.
 
Gigers is committed to making its best efforts to ensure that access and operation of the Website and Applications is provided 24 hours a day, 7 days a week without interruption. However, Gigers can not be held responsible in case of degradation, suspension, temporary unavailability or interruption of the Website, Applications and Services:
- in case of maintenance of the Website, Applications or servers on which they are hosted;
- because of a User or a third-party;
- in case of occurrence of events beyond its control and will;
- in case of disruption of telecommunication networks;
- in the event of breakdowns or interruptions of the Internet;
- due to force majeure and;
- because of the unavoidable risks that may arise from the technique and the complexity of the implementation of the Services.
 
Gigers may, on a temporary basis and by taking into account the legitimate interests of Members (for instance, by prior notice), limit the availability of the Gigers Platform or certain areas or features of the Gigers Platform if this is necessary due to limited capabilities, to maintain the security or integrity of its servers, or to perform maintenance operations to ensure proper operation or improve the operation of the Gigers Platform.
 
 
Gigers may allow Users and Members to (i) create, upload, publish, send, receive or store content of any kind (editorial, graphic, audiovisual or otherwise), including the name and / or image, if any, chosen by the Member to identify himself/herself on the Website and Applications) on or via the Gigers Platform (the "User Content"), and (ii) to access and view the User Content and any content made available by Gigers on or via the Gigers Platform, including the proprietary content of Gigers and any licensed content or any content that a third-party has authorized Gigers to use (the "Gigers Content", and in conjunction with the User Content, the "Content").
 
The Services offered by Gigers are intended to facilitate the connection between Users. As a result, Gigers declares that it has no control over the Users and does not control the User Content or third-party publications, Posts relating to job offers, to Gigsurfing (Private Workspaces Profiles), to promotions of products and / or services and/or online courses and trainings of third-parties, nor their legality. Gigers is not aware of User Content that is directly posted by Users or third-parties as part of the Services. Gigers does not make any a priori moderation, selection, verification or control of any kind. Gigers is not responsible for any violations of laws and regulations by Users or third-parties in connection with the Services offered by Gigers. The User acknowledges that he/she is informed that only a posteriori moderation on the Services is implemented to control, delete or modify the User Content that appear to be contrary to the laws and regulations in force or to these General Terms and Conditions of Use and Sale or which would have been qualified as such by a court decision that became final. Content harmful to a User or a third-party or contrary to the rules of use may be reported to Gigers in the manner provided for by article 6 I 5 of the French law n° 2004-575 of 21 June 2004 for trust in the digital economy. Following this notification, Gigers reserves the right to take any useful measures described in Article 16. Accordingly, Gigers can not be held responsible for User Content, whose authors are Users or third-parties: any potential claim has to be directed in the first place to the author of the content in question. Gigers strongly encourages all Users to participate in content moderation. The responsibility of Gigers can not be sought for contributions to content made by Users or third-parties that are not part of the publishing activity of Gigers which only makes available to Users a forum for discussions and stores content on its own Website and Applications. Consequently, the contributions published by the Users can not be considered as reflecting the opinions of Gigers and its responsibility can not be sought because of these contributions if it did not have knowledge of the contributions before their putting online or if, from the moment it became aware, it acted immediately to withdraw the said contribution not respecting these General Terms and Conditions of Use and Sale.
 
Gigers is not subject to a general obligation to monitor the information it stores, nor to a general obligation to investigate facts or circumstances revealing unlawful activities, nor to a guarantee obligation regarding accuracy, probity or the honesty of information published by Users or third-parties.
 
The User acknowledges that the information provided to him/her is neither comprehensive nor exhaustive and that this information does not deal with all the information that may be necessary to meet his/her needs and research.
 
Gigers does not guarantee in any case any result as a result of the implementation of the information published on the Services, as a result of a connection between Users, following a publication of a job offer or following a publication of a Private Workspace, or following the publication of a promotion of a product and / or service and /or online course or training of a third-party.
 
No review or information, whether oral or written, obtained from Gigers through the Website, the Applications, the Blog, the Services or the Content, constitutes a warranty other than those expressly stated herein.

Gigers is not authorized to provide legal and / or financial advice and no Content of the Site and / or Applications constitutes legal or financial advice or can not be considered as such. No client / lawyer relationship is established hereby. Gigers recommends that its Users always use legal and financial advice (lawyers, accountants, etc.) who alone can guarantee compliance with the law. 
Users acknowledge and accept that they are solely responsible for any use they make, or not, of the information contained in any Content of the Site and / or Applications, in particular, and without this list being exhaustive, any Content present in a job offer, sponsored content, a Private Workspace Profile, the "Resources" section, the "Perks and Discounts" section, the "Academy" section, the Blog. 
 
Users are informed that all publications by Users or third-parties and in particular Members' Personal Profiles are directly posted online by Users or by third-parties, without prior verification by Gigers.
 
Gigers is under no obligation to check the background of any User. Gigers does not vouch for any User, Member, Sponsor, Employer, Host, sponsored content, job offer or Private Workspace.
 
Gigers reminds its Users to exercise caution and vigilance when viewing Content and in their virtual or physical relationships with other Users.
 
Gigers does not guarantee the truthfulness, probity or honesty of the information given by Users and / or Members and / or Sponsors and / or Employers and can not be held responsible for false statements made by a User and / or Member and / or Sponsor and / or Employer and disclaims all liability arising out of the use of the Services.
 
Users acknowledge that Gigers has no general obligation to monitor User Content or to actively search for facts and circumstances that indicate illegal activity, but that Gigers has the right to verify, disable access to, or modify the User Content, to (i) exploit, protect and enhance the security of the Gigers Platform (including, without limitation, fraud prevention, risk assessment, investigation and user support) ; (ii) verify compliance with these General Terms and Conditions of Use and Sale by Members; (iii) comply with the applicable law, the order of a court, or the requests of the police, the courts or other public agencies or State bodies; (iv) react to User Content that it deems harmful or unacceptable; or (v) for other purposes provided for in these General Terms and Conditions of Use and Sale. Members undertake to cooperate with Gigers and to assist it in good faith, to provide Gigers with the required information and to take reasonable measures requested by Gigers, in connection with any investigation by Gigers or a Gigers agent on the misuse or abuse of the Gigers Platform.
 
Any User who believes that any User with whom he or she interacts online or in person, behaves or has behaved in an inappropriate manner, including, without limitation, any person (i) who has offensive, violent or sexually inappropriate behavior, (ii) ) who may have stolen something, or (iii) who causes any trouble in any way, shall immediately report it to the appropriate authorities, then to Gigers, providing us with the police station's contact information and the number of the police report (if available). Users agree that the reporting does not require us to take any action other than that provided for by law (if any).
 
 
The User guarantees Gigers against any complaints of any person (including Users, and more generally, third-parties) concerning the reproduction and distribution of User Content and information. The User is responsible for any legal action that is brought against Gigers for acts attributable to him/her.
 
The User does not breach any of the legal, regulatory and administrative provisions applicable to him/her and whose non-compliance would impair his/her ability to fulfill his/her obligations under these General Terms and Conditions of Use and Sale. In particular, the User holds all the rights relating to the User Content and information provided to Gigers and Users. As such, no liability could be attributable to Gigers, on any basis whatsoever. Gigers shall not be liable, directly or in warranty, for any act or omission, non-performance, partial performance or delay in the performance of its obligations in connection with the damage or loss suffered directly or indirectly by the User due to an act or omission of another User or any other person related to the latter.
 
Gigers shall not be liable for any damages whatsoever, whether as a result of contractual or quasi-delictual liability or otherwise, for any action or anything done after the expiration date, termination date of these General Terms and Conditions of Use and Sale, or the unsubscription to the Services by a User. Gigers can not be held responsible for any error, omission, interruption, deletion, failure, delay in operation or transmission, theft or destruction or unauthorized access, or any alteration of communication with any User. Gigers is not responsible for the security and confidentiality of data exchanged, if any, in connection with the use of the Website and the Applications. Gigers declines all responsibility in the event of any loss of the information available in the Member's Personal Profile, of which the latter must save a copy and the latter can not claim any compensation in this respect.
 
Gigers undertakes to conduct regular checks to verify the operation and accessibility of the Website and Applications. As such, Gigers reserves the right to temporarily suspend access to the Website and / or Applications for maintenance reasons. Gigers undertakes to notify Users in advance of any unavailability of the Website, Applications and more generally Services if the event causing this unavailability is foreseeable.
 
Gigers does not warrant to Users (i) that the Services, subject to constant research to improve their performance and progress, will be completely free from errors, bugs or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User according to his/her own personal constraints, will specifically meet his/her needs and expectations.
 
 
8.2 Liability for Gigsurfing
 
As part of Gigsurfing, Gigers provides Members with a community platform where they can post or view Private Workspaces Profiles and interact directly with each other to obtain more information about a Private Workspace. For this purpose, Members may consult Private Workspaces Profiles published by Hosts to obtain information, take note of the Price of a coworking session at a Host’s place and / or to book said Private Workspaces directly from the Hosts and outside of the Gigers Platform. Members understand and agree that Gigers is not party to any agreement between Members and that Gigers does not have the status of real estate broker, real estate agent, lessor, property provider or insurer. Gigers has no control over the behavior of Gigsurfing Members and Gigers excludes any liability in this regard to the extent permitted by law. As part of the Gigsurfing service, Gigers only allows the publication of Private Workspaces Profiles via a paid service in order to promote a Private Workspace to its Members. The responsibility of the Platform is thus limited to the presentation of the availability of the Website, Applications and Services.
 

Where necessary, it is hereby reminded that Gigers is neither a tenant nor an owner or operator of property, including, without limitation, commercial leases, mixed leases, residential leases, professional leases, offices, apartments, hotel rooms, motels or other accommodations and real estate. Gigers also does not qualify as a supplier of properties, including, without limitation, commercial leases, mixed leases, residential leases, professional leases, offices, apartments, hotel rooms, motels or other accommodations and real estate and Gigers does not own, sell, resell, provide, rent, lease, operate and / or control any property, including, without limitation, commercial leases, mixed leases, residential leases, professional leases, offices, apartments, hotel rooms, motels or other accommodations and real estate or transport or travel services. Gigers is also not an organizer or retailer of package travel within the meaning of Directive (EU) 2015/2302. Hosts are solely responsible for their Private Workspaces Profiles and proposed Hosts Services. Members can access and book Private Workspaces and Hosts Services offered by a Host by directly contacting the Host via the Gigers Platform or outside, the conclusion of the booking is always made outside the Gigers Platform: they then enter into a contract between themselves directly and Gigers is not and does not become party to any contract between Members, is not involved in the contractual relationship between Members and is neither a real estate broker nor insurer. Gigers does not act as an agent of any Member.
Gigers does not exercise any prior control over the Private Workspace mentioned in the Private Workspace Profile published by the Host, and therefore can not verify the compliance of the photos added by the Host with the reality. Gigers can not and does not control the content of the Private Workspaces Profiles nor the condition, legality or suitability of the Private Workspaces. Gigers does not control or warrant (i) the existence, quality, safety, suitability or legality of Private Workspaces Profiles or Hosts Services, (ii) the veracity or accuracy of the descriptions of Private Workspaces Profiles, the reviews, comments or other User Content, or (iii) the service deliveries or behavior of any Member or third-party. Gigers does not approve of any Member, Private Workspace Profile or Host Service. The Member accepts that any legal complaint or liability sought as a result of the acts or omissions of other Members or third-parties is limited to a complaint against Members or other third-parties at the origin of the suffered injury. The Member agrees not to attempt to seek Gigers’ liability, nor to complain to Gigers, for such acts or omissions.
 
 
Gigers' liability can not be incurred because of a disaster that would have occurred for reasons such as:
• the communication by the Member of incorrect information;
• the cancellation of the coworking session by the Member;
• the fraudulent behavior or fault of the Member before, during or after the coworking session.
 
Gigers reminds its Members to exercise caution and vigilance when viewing Content and in their virtual or physical relationships with other Members.
 
 
Taking into account the legal relationships between each of the parties during a booking of a coworking session at a Host’s workspace, Members declare to expressly renounce to exercise any action in contractual or tortious liability against Gigers (i) in case of damages suffered by the workspace during the booking, (ii) in the event of a breach by the Host of its legal and regulatory obligations, (iii) in the case of misrepresentation by Members and (iv) generally, in the event of adverse events to either party (Host and client of the Host) and / or one or more third-parties. Gigers is not liable for any breach or improper performance (Private Workspace Profile made by the Host on the Website and the Applications that does not reflect to the real Private Workspace) of the contract concluded between the Host and its client. Gigers is also not liable for any damage caused to either party in connection with the contract between the Host and its customer, to which Gigers is not a party.
 
It is stated that the Content published on the Website and the Applications by Gigers does not constitute by any means commitments by Gigers, which is only held by the provisions of these General Terms and Conditions of Use and Sale.
 
In the event of a criminal complaint or tax audit conducted by the French authorities, Gigers undertakes to cooperate with the administrative and judicial authorities of each country.
 
 
8.3 Limitation of liability
 
In the case of any faults that may be attributable directly to Gigers, Gigers' liability to any User, regardless of the basis and form of the action, is at any time limited to a maximum of one hundred euros (EUR 100).
 
 
 
Article 9.         Independence of the parties
 
Any Member or User who chooses to use the Gigers Platform as a Host and / or Sponsor and / or Employer to publish a Private Workspace Profile and promote his/her Private Workspace(s), to post a job offer and / or to promote his/her products and / or services and / or online courses and trainings, recognizes that his/her quality with respect to Gigers is limited to that of an independent third-party contractor, and not employee, agent, member of a joint venture or partner of Gigers for any reason whatsoever. Such Member or User acts exclusively on his/her behalf and for his/her sole benefit, and not on behalf of or for the benefit of Gigers. Gigers does not give orders to or manage him/her, and can not be considered as managing or giving order to him/her, either generally or in application of these General Terms and Conditions of Use and Sale, including in the context of Hosts Services. Such Member or User acknowledges having full discretion to advertise his/her Hosts Services or otherwise engage in other business activities or other employment.
 
 

Article 10.       Free and paid services
 
Unless otherwise specified for certain Services, the Services are provided free of charge to Users. When the Services are paid services, their price is indicated on the Website or Applications as well as in these General Terms and Conditions of Use and Sale and the provisions of Articles 10.1, 10.2 and 10.3 apply.
 
The paid Services and their prices are as follows:
- the publication of a Private Workspace Profile as a Host for 150 € (without taxes) (180 € with taxes) per year and per Private Workspace Profile
- the publication of a job offer as an Employer for 10 € (without taxes) (12 € with taxes) per month and per job offer
- the publication of a sponsored content as a Sponsor for 15 € (without taxes) (18 € with taxes) per month and per sponsored content or 150 € (without taxes) (180 € with taxes) per year and per sponsored content, at the option of Users at the time of subscription
 
10.1 General payment terms
 
The price of the Services may be subject to be changed by Gigers at any time, at its sole discretion. Users will be notified by Gigers of these changes by e-mail with at least two (2) weeks' notice before the new prices come into effect. Users who do not accept the new prices will no longer be able to use the paid Services or will have to terminate their use of the Services in accordance with the terms set out in Article 21 of these General Terms and Conditions of Use and Sale or in the other agreements binding them to Gigers, if any. Otherwise, they will be deemed to have accepted the new prices.
 
At each payment, Users undertake to pay to Gigers all taxes applicable to the Services and that may be applied in accordance with the laws or regulations in force in the country where the Services are used, including in France in particular the value added tax.
 
Gigers reserves the right, at its sole discretion and in accordance with terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
 
The specific terms of payment of the price of certain Services are described on the Website, on the Applications, in these General Terms and Conditions of Use and Sale or in the other agreements binding Users to Gigers.
 
Gigers is not liable for the costs that third-parties, including banking institutions, may incur to Users for transactions relating to the Services.
 
 
10.2 Errors in payment processing
 
Gigers undertakes to take all necessary steps to avoid and / or repair payment processing errors in connection with the Services. In case of error, Users are invited to report the identified error to Gigers so that it can be processed as soon as possible.
 
 
10.3 Taxes
 
Gigers is in no way responsible for the declarations and any other administrative formalities at the expense of Users due to their use of the Services offered by Gigers.
Gigers undertakes to cooperate with the administrative authorities in case of judicial or administrative audit of one of the Users.
Users agree to directly support the cost of taxes applied to Gigers based on their use of the Services.
 
 

Article 11.       Gamification system
 
A "gamification" system is set up on the Website and Applications, through which Members can earn virtual points called "Gigcoins" by performing certain actions:
• When registering, each Member receives 10 (ten) gigcoins.
• If a Member fills in his/her Personal Profile with all mandatory and non-mandatory information (current location, current job, at least one skill, a photo, situation with respect to remote working, short biography), he/she receives 10 (ten) gigcoins.
• If a Member logs in at least once a week to his/her Gigers Account, he/she receives 1 (one) gigcoin for each weekly log in.
• If a Member invites one of his / her friends to join Gigers using the unique invitation link he / she has to do so and if his / her friend actually joins Gigers by registering on the Website or Applications, he/she will receive 5 (five) gigcoins (for each friend who registers).
 
 
The number of Gigcoins available to a Member will appear on his/her Personal Profile when he/she is connected to his/her Account as well as in his/her Dashboard but will be visible only to himself/herself (as the owner of the Account) but not to others Members.
 
The accumulation of these Gigcoins leads to the delivering of “Badges”, as indicated below:
• Any Member with 20 gigcoins will see a Badge called "Gigsurfing Junior" appear on his/her Personal Profile. This Badge will be visible to other Members of the Website and the Applications.
• Any Member with 50 gigcoins will see a Badge called "Gigsurfing Explorer" appear on his/her Personal Profile. This Badge will be visible to other Members of the Website and the Applications.
• Any Member with 100 gigcoins will see a Badge called "Gigsurfing Guru" appear on his/her Personal Profile. This Badge will be visible to other Members of the Website and the Applications.
 
The maximum number of gigcoins a Member can have is set to 100 gigcoins.
 
The fact for a Member to have one of these Badges only means that the Member has reached the number of gigcoins sufficient to get this Badge, and nothing else. The fact that a Member has one of these Badges does not constitute an endorsement, certification or guarantee by Gigers of a Member, including his/her identity, background, reliability or seriousness.
 
 

Article 12.       Data
 
The User acknowledges and expressly agrees:
 
(i) that the data collected on the Website, the Applications and on the computer equipment of Gigers is evidence of the reality of the performed operations in the context of these General Terms and Conditions of Use and Sale;
(ii) that such data constitutes the only accepted proof means between the parties, in particular for the calculation of sums due to Gigers.
 
The Member can access these data in his/her Dashboard.
 
 

Article 13.       General obligations of Users
 
Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:
 
• The User agrees, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third-parties or public order.
 
• The User acknowledges having read on the Website and the Applications the characteristics and constraints, including technical, of all Services. He/She is solely responsible for his/her use of the Services.
 
• The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services directly depends on this connection, for which he/she is solely responsible.
• The User is also solely responsible for the relationships, either virtual or physical, that he/she may have with other Users and for the information he/she communicates to them in the context of the Services. It is up to him/her to exercise proper prudence and discernment in these relationships and communications. In addition, the User agrees in his/her communications with other Users to respect the usual rules of politeness and courtesy.
 
• The User agrees to make a strictly personal use of the Services. He/She is therefore prohibited from assigning, granting or transferring all or part of his/her rights or obligations hereunder to any third-party in any way whatsoever.
 
• The User agrees to provide Gigers with all information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with Gigers for the proper execution of these General Terms and Conditions of Use and Sale.
 
• The User is solely responsible for User Content that he/she publishes as part of the Services.
 
He/She guarantees to Gigers that he/she has all the rights and authorizations necessary for the diffusion of these User Content.
 
The User commits both to Gigers and to other Users and generally to any third-party, to respect unconditionally all applicable legislation and more particularly:
- the intellectual property and industrial property rights applicable to multimedia creations, software, texts, databases, articles, photos, videos, trademarks, images of any kind;
- the copyrights of models appearing on photographs;
- the rights of photographers and agencies on these photographs;
- French Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms in the field of the protection of individuals regarding the processing of personal data;
- the Regulation (EU) 2016/679 of the European Parliament and of the Council of April, 27th 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which entered into force on May, 25th 2018 (GDPR);
- the right of the press;
- the legal device for protecting computer fraud.
 
He/She undertakes that said User Content are lawful, do not infringe public order, morality or the rights of third-parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to engage the civil or criminal liability of Gigers.
 
The User is forbidden to publish, in particular and without this list being exhaustive:
- pornographic, obscene, indecent, offensive or inappropriate for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist User Content,
- counterfeit User Content,
- User Content that is harmful for the image of a third-party,
- User Content that is false, misleading or proposing or promoting illegal, fraudulent or deceptive activity,
- User Content that is harmful to the computer systems of third-parties (such as viruses, worms, Trojan horses, etc.),
- and, more generally, User Content that is likely to infringe the rights of third-parties or to be prejudicial to third-parties, in any manner and in any form whatsoever.
 
• The User acknowledges that the Services offer him/her an additional but not alternative solution to means that he/she already uses elsewhere to achieve the same purpose and that this solution can not be a substitute for these other means.
 
• The User must take the necessary measures to save by his/her own means the information of his/her Personal Profile that he/she deems necessary and of which no copy will be provided.
 
 

Article 14.       User's Warranty
 
The User warrants Gigers against any complaints, claims and / or actions that Gigers may suffer as a result of the User's breach of any of his/her obligations or warranties under these General Terms and Conditions of Use and Sale.
 
Users are solely responsible for all User Content that they make available on or via the Gigers Platform. Therefore, they declare and warrant that: (i) they are either the sole and exclusive owners of all the User Content that they make available on or via the Gigers Platform, or that they have all the rights, licenses, consents and authorizations necessary to grant Gigers the rights to such User Content, as provided in these General Terms and Conditions of Use and Sale; and (ii) neither the User Content, nor the publication, loading, submission or transfer of the User Content, nor Gigers' use of the User Content (or any part thereof) as provided in these General Terms and Conditions of Use and Sale shall infringe or hijack any patent, copyright, trademark, trade secret, proprietary rights, moral rights or other exclusive or intellectual property rights, or publicity rights or third-party confidentiality agreements, and will result in the violation of any applicable law or regulation.
 
The User undertakes to indemnify Gigers for any loss it may suffer and to pay Gigers any costs, charges and / or convictions that it may have to bear as a result.
 
 
 
Article 15.       Prohibited behaviors
 
It is strictly forbidden to use the Services for the following purposes:
- violate or circumvent any applicable laws or regulations, agreements with third-parties, rights of third-parties, or our General Terms and Conditions of Use and Sale;
- use the Gigers Platform or the Content for any commercial purpose or for any other purpose not expressly permitted by these General Terms and Conditions of Use and Sale, or in a manner that falsely suggests an approval of Gigers, the existence of a partnership with Gigers, or otherwise misleading as to the links of a User with Gigers;
- reproduce, store, access or otherwise use any information, including nominative information about any other Member, available on the Gigers Platform, in contradiction with the Gigers Privacy Policy or these General Terms and Conditions of Use and Sale, or infringing the rights to privacy of Members or third-parties;
- use the Gigers Platform to broadcast unwanted commercial messages ("spam");
- propose, as a Host, a Private Workspace that the aforementioned Host does not own or is not authorized to promote on the Gigers Platform;
- discriminate against or harass any person on the grounds of ethnic or national origin, religion, sex, sexual identity, physical or mental disability, health status, marital status, age or sexual orientation, or engaging in any violent, dangerous, abusive or disruptive behavior;
- use, display or copy (including by "framing") the Gigers Platform or the Content, or any individual element appearing on the Gigers Platform, the name of Gigers, any trademark, logo or other proprietary information of Gigers, the design or the layout of any page or form appearing on a page of the Gigers Platform, without the express written consent of Gigers;
- dilute, tarnish or otherwise interfere with the Gigers brand in any way, including unauthorized use of the Content, registration and / or use of the word Gigers or derived terms in domain names, trade names, trademarks or other source identifiers, or the registration and / or use of domain names, trade names, trademarks or other source identifiers that closely mimic or are similar in a manner that is confusing with the domain names, brands, slogans, advertising campaigns or Gigers Content;
- use robots, spiders, crawlers, scrapers or other automatic means or processes to access the Gigers Platform, retrieve data or other content on the Gigers Platform or interact with the Gigers Platform for any other purpose;
- avoid, divert, remove, disable, damage, decode, or attempt to circumvent in any other way any technological measure implemented by Gigers or any Gigers provider or any other third-party in order to protect the Gigers Platform;
- attempt to decrypt, decompile, disassemble or otherwise reverse engineer any software used to provide the Gigers Platform;
- take any action that disrupts or harms, or could interfere with the performance or operation of the Gigers Platform;
- infringe the rights of third-parties or harm anyone;
- the exercise of illegal or fraudulent activities or activities infringing the rights or security of third-parties;
- the performance of activities as a supplier of goods, including, in particular, commercial leases, mixed leases, residential leases, professional leases, offices, apartments, hotel rooms, motels or other accommodations and real estate and, more generally, any activity relating to the rental, sale or management of real estate;
- breach of public order or violation of the laws and regulations in force;
- the intrusion into the computer system of Gigers of a User or a third-party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of Gigers, of a User or of a third-party, and likely to violate the integrity or security of this computer system;
- the sending of unsolicited e-mails and / or prospecting or commercial solicitations not authorized by Gigers, including using the internal messaging system of the Website and Applications;
- manipulations intended to improve the referencing of a third-party website;
- the assistance or inducement, in any form or manner whatsoever, to one or more of the acts and activities described above;
- use the Services and in particular Gigsurfing for the needs of a real estate broker, real estate agent, rental agency, property owner, hotel manager or insurer or any other professional activity related to the sale, management and leasing of real estate and more generally;
- any practice diverting the Services for purposes other than those for which they were designed.
 
Users are strictly prohibited from copying and / or misappropriating, for their own use or third-parties use, the concept, technologies or any other element of the Gigers Website and Applications and, more generally, any intellectual property rights belonging to Gigers.
 
The following behaviors are also strictly prohibited:
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services;
- any intrusions or attempted intrusions into Gigers systems;
- any hijacking of the Website and Applications' system resources;
- any actions likely to impose a disproportionate burden on the infrastructure of the latter;
- all breaches of security and authentication measures;
- any acts likely to infringe the financial, commercial or moral rights and interests of Gigers or Users, and finally more generally;
- any breach of these General Terms and Conditions of Use and Sale.
 
It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Website and Applications, as well as the information that is hosted and / or shared on the Gigers Platform.
 
 

Article 16.       Penalties for breaches
 
In case of breach of any provision of these General Terms and Conditions of Use and Sale or more generally, violation of laws and regulations in force by a User, Gigers reserves the right to take any appropriate action and in particular to:
 
- suspend or terminate access to, or participation in, the Services by the User who perpetrated the breach or offense;
- delete any Content posted on the Website or Applications;
- publish on the Website and Applications any information message that Gigers deems useful;
- notify any relevant authority and;
- initiate any legal action.
 
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to herein shall not be construed for the future as a waiver of the obligation in question.
 
 

Article 17.       Intellectual property
 
The systems, software, structures, infrastructures, databases and Contents of any kind (texts, images, visuals, music, logos, brands, database, etc ...) used by Gigers within the Website and Applications are protected by any intellectual property rights or rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Gigers are strictly prohibited and may be subject to prosecution.

 

The Gigers Platform, Gigers Content and User Content may be fully or partially protected by copyright, trademark and / or other laws in France and other countries. Users acknowledge and agree that the Gigers Platform and the Gigers Content, including all associated intellectual property rights, are the exclusive property of Gigers and / or its licensors or third-parties having granted authorization. Users may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices contained in, or accompanying, the Gigers Platform, the Gigers Content, or the User Content. All trademarks, service marks (such as Gigsurfing), logos, trade names, and other distinctive features of Gigers used on or in connection with the Gigers Platform and the Gigers Content are trademarks or registered trademarks of Gigers in France and other countries. The trademarks, service marks, logos, trade names and other proprietary designations of third-parties used on or in connection with the Gigers Platform, the Gigers Content and / or the Content are used for identification purposes only and may be the property of their respective owners.

 

Any User is prohibited from using, reproducing, adapting, modifying, creating derivative works, distributing, licensing, selling, transferring, publicly presenting, transmitting, broadcasting or in any other way exploit the Gigers Platform or the Content, unless he/she owns the User Content by right, or if these General Terms and Conditions of Use and Sale expressly authorize it. No license or right is granted to any User, implicitly or otherwise, in respect of any intellectual property rights owned or controlled by Gigers or its licensors, except for the licenses and rights expressly granted in these General Terms and Conditions of Use and Sale.

 

Subject to their compliance with these General Terms and Conditions of Use and Sale, Gigers grants Users a limited, non-exclusive, non-transferable, revocable license that can not be sub-licensed to (i) download and use the Applications on their personal device(s), and (ii) access and use the Content made available to them on or through the Gigers Platform for their personal, non-commercial use only.

 

By uploading, publishing or otherwise making available any User Content on or through the Gigers Platform, Users grant Gigers a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the duration of the protection), assignable and sublicensable license to this User Content to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, disseminate and exploit any other way this User Content in order to provide and / or promote the Gigers Platform on any support, including on existing or future social network accounts belonging to Gigers such as, without this list being exhaustive, Facebook, Twitter, LinkedIn, Instagram. Any action performed by Gigers within the framework of the license which has been granted to it aims at favoring the connection between Users. If the User Content includes personal information, this User Content will only be used for that purpose if the latter complies with the applicable personal data protection law, in accordance with our Privacy Policy. Except with the express consent of the Users concerned, Gigers will not claim any right of ownership over any User Content, and no provision of these General Terms and Conditions will be deemed to limit their rights to use or exploit their User Content.

 

In order to promote the Gigers Platform and increase the visibility of Private Workplace Profiles to potential visitors, Private Workplace Profiles and other forms of User Content may be published on other websites, in applications and e-mails, as well as in online and offline advertising, including on social networks, existing or future, such as, without this list being exhaustive, Facebook, Twitter, LinkedIn, Instagram.

 
 
Through its Site and Applications, Gigers provides its Users with a system enabling them to share their suggestions for improvements, their ideas for new services and / or products and / or new features. It should be noticed that as soon as the Users give to Gigers, by any means whatsoever, any idea, proposal, suggestion, feedback, including, and without this list being exhaustive, any idea of ​​new products, services, features, technologies, promotions, marketing concepts, products names, services names, features names, product and service usage feedback, and product and service improvement ideas ("User Feedback"), they give to Gigers, free of charge and completely royalty-free, the right to make, commission, create any object / service / derivative product, reproduce, use, share, translate, arrange, modify, integrate, transform, adapt, correct, exploit and market their User Feedback in any way and for any purpose. This release is granted to Gigers on an exclusive and definitive basis, for an indefinite period and for the whole world. Users also acknowledge that this User Feedback may be registered as trademarks by Gigers in any country in the world and that Gigers will then be the sole owner of such trademarks, which may only be exploited by Gigers. Users will not provide User Feedback that may require Gigers to obtain licenses from third-parties. Even if they are designated as confidential, Gigers will use User Feedback for any purpose without any obligation and no obligation of confidentiality will result from this.
 
Gigers also invites and encourages its Users to submit their User Feedback by contacting Gigers at the contact details indicated in Article 4, through the "Contact Us" page or by any other means of communication. No User Feedback so transmitted is considered confidential or proprietary. By sending us User Feedback, Users grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and sublicensable license to use and publish these ideas and materials for any purpose, without any compensation to them.
 
 
Gigers respects copyright laws and expects its Members to do the same. Any User who believes that any Content on the Gigers Platform violates their copyright may notify us by writing to: contact.us@gigers.io.
 
 

Article 18.       Personal data
 
Gigers reserves the right to collect personally identifiable information and personal data about Users, which are necessary for the provision of the Services, supply management, bookings, payments and billing.
 
 
In accordance with the French law n° 78-17 of 6 January 1978 relating to computers, files and freedoms as amended and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April, 27th 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which entered into force on May, 25th 2018 (GDPR), Gigers’ personal data protection policy characteristics are explained in a separate document called Privacy Policy. Users are expressly invited to read this policy which is accessible directly on the Website and Applications.
 
It is reminded that, according to the law, every natural person has the right to access, modify, rectify and delete the data concerning himself/herself. The exercise of these rights is done by contacting Gigers at the contact details indicated in Article 4.
 
 

Article 19.       Ads
 
Gigers reserves the right to insert on any page of the Website and Applications and in any communication to Users any advertising, promotional or sponsorship messages in a form and under conditions of which Gigers will be the sole judge, without any sum or compensation being able to be claimed by the User.
The User is informed that the free and unrestricted access to Content and Services of the Website, the Blog as well as to the Applications, can be financed by the revenues related to the ads published on these spaces, and in particular by the revenues related to the publication of job offers by Employers and of sponsored content by Sponsors. The User acknowledges that in return for his/her right to use such Content and Services for free, he/she accepts and will not oppose the display of ads on the Website and Applications.
 
 

Article 20.       Links, third-party websites
 
The Gigers Platform may contain links to third-party websites or resources ("Third-Party Services"). These Third-Party Services may be subject to different terms and conditions of use and sale and different personal data protection policies.
 
Gigers can not under any circumstances be held responsible for the technical unavailability and / or the inaccuracy of websites and / or mobile applications that are operated by third-parties (including potential Gigers’ partners) and to which the User accesses via the Website and / or Applications.
 
Gigers does not endorse any liability for the content, advertising, products and / or services that are available on such third-party websites and mobile applications which, Users are reminded, are governed by their own terms and conditions of use and sale. Links to these Third-Party Services shall not be considered as an endorsement by Gigers of such Third-Party Services.
 
Gigers is also not responsible for transactions between the User and any Advertiser, professional or merchant (including any potential Gigers’ partners) to which the User is redirected through the Website and / or Applications and can not be involved in any case in any dispute with these third-parties including the delivery of products and / or services, warranties, declarations and any other obligations to which third-parties are held.
 
 

Article 21.       Duration of Services, unsubscription
 
Services are subscribed for an indefinite period and this Agreement will be valid until the User or Gigers terminates the Agreement.
 
The User may unsubscribe from the Services at any time by clicking on the "Delete Account" button available on the Website and the Applications when editing his/her Personal Profile or by sending a request to Gigers by e-mail at the contact details mentioned in Article 4.
 
The unsubscription takes effect immediately. It automatically deletes the User’s Account. The unsubscription results in the loss of all Gigcoins that may be present on the User’s Account as well as Badges that may have been obtained following the process described in Article 11.
 
Gigers may also unsubscribe a User, in particular:
- in case of violation of these General Terms and Conditions of Use and Sale by the User;
- in the event of an attempt to circumvent the Website for billing purposes, fraudulent means of payment, attempted fraud or any other criminal offense.
 
The unsubscription of a User by Gigers can not give rise to any compensation or damages for the User.
 
This exclusion is not exclusive of the possibility, for Gigers, to take legal action against the User if the latter has committed damaging acts.
 
In the event of termination of this Agreement, the User is not entitled to a restoration of his/her Gigers’ Account, Gigcoins, Badges or any of his/her User Content or Private Workspaces Profiles.
 
 

Article 22.       Force majeure
 
The responsibility of Gigers can not be raised if the non-execution or the delay in the execution of one of its obligations described within these General Terms and Conditions of Use and Sale arises from a case of force majeure. By force majeure, we mean any foreign cause of an irresistible and unpredictable nature.
 
Events such as fire, flood, strikes, lockouts, riots, war, shortage of fuel, energy, or material transportation are considered as force majeure, even if they are only partial and whatever the cause.
 
 

Article 23.       Newsletter
 
Gigers offers Users of its Website and Applications a newsletter that may contain information about its activities and Posts published on the Website and Applications by Hosts, Employers and Sponsors, in accordance with Article L.34- 5 of the French Post and Electronic Communications Code. Any internet user has the opportunity to subscribe to this newsletter by clicking on the "Subscribe to our Newsletter" link at the bottom of each page of the Website and Applications: thus, it is not necessary to be a Member of Gigers to access this link and to subscribe to this newsletter. After registering on the Website or the Applications, each Member will receive a welcoming email that also contains a "Subscribe to our Newsletter" link. In both cases, this link will lead to a form to subscribe to the mailing list of this newsletter. Gigers will then send this newsletter to everyone on this mailing list, at a frequency and in a form determined by it.
 
At any time, the User may unsubscribe from this newsletter by means of a link provided in these newsletters.
 
The unsubscription of this newsletter by a Member will not prevent him/her from continuing to receive all notifications or other communications authorized or required herein, for example relating to another agreement with Gigers or the modification of these General Terms and Conditions of Use and Sale. These notifications and communications must be made electronically and delivered by Gigers via e-mail, notification on the Gigers Platform or by messaging service (including SMS and WeChat).
 
 

Article 24.       Cookies
 
Cookies are used in the context of the Services, in particular to improve their quality. Cookies are files stored on the hard drive of the computer when browsing the internet. A cookie does not in itself allow a personal identification, it records information relating to the navigation on the Website or Applications that can be directly read by Gigers servers during subsequent visits to the Website or Applications.
 
The collected data is for the benefit of Gigers using cookies associated with the User's browser. The User has the option to refuse any cookie by clicking on the link provided for this purpose when browsing the Website or Applications. In case of refusal of all cookies, the User is informed that his browsing will be reduced to access certain Services of the Website or Applications, or even sometimes rendered impossible.
 
 

Article 25.       Modifications
 
Gigers reserves the right, at its sole discretion, to modify at any time and without notice these General Terms and Conditions of Use and Sale. The User will be informed of these modifications by any useful means.
The User is expressly informed that the version in force is the one that is put online at the internet address https://www.gigers.io, on the date of his/her access to any of the Services, which the User recognizes and accepts without restriction, pledging to refer to it systematically during each connection.
 
Users who do not accept the modified terms and conditions of use and sale must unsubscribe from the Services in accordance with Article 21.
 
Any User who uses the Services after the entry into force of the modified terms and conditions of use and sale is deemed to have accepted these changes.
 
 

Article 26.       Transmission of these General Terms and Conditions of Use and Sale
 
Gigers may assign these General Terms and Conditions of Use and Sale and all the rights and obligations attached thereto, to all third-parties, without the prior written consent of the User, particularly in case of merger by incorporation of a new company, merger absorption, split or any change of control affecting Gigers. The User declares that he/she accepts any change of control in the person of Gigers and recognizes the successor of the latter as his/her co-contractor.
 
 
It is forbidden for any User to assign, transfer or delegate this Agreement and his/her rights and obligations hereunder without the prior written consent of Gigers.
 
 

Article 27.       Nomination of a Data Protection Officer (DPO)
 
With the entry into force on 25 May 2018 of the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, Gigers has nominated, within the framework of the creation and implementation of its Website and Applications, the law firm ADEAL, a simplified joint-stock exercise company, registered at the Paris Bar and at the RCS of Paris under number 843 582 198, located at 25 rue Balzac 75008 PARIS, taken in the person of Maître Philippe PRADAL, lawyer at the Paris Bar, as Data Protection Officer as of March 29, 2018 (nomination no. DPO-261).
 


Article 28.       Language
 
In the event of a translation of these General Terms and Conditions of Use and Sale in one or more languages, including English, the language of interpretation will be the French language in case of contradiction or dispute over the meaning of a term or a provision.
 
 

Article 29.       Applicable law and jurisdiction
 
These General Terms and Conditions of Use and Sale are governed by French law.
 
In case of dispute about the validity, interpretation and / or execution of these General Terms and Conditions of Use and Sale, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, except contrary mandatory rules of procedure.
 
 

Article 30.       Validity and autonomy of the provisions of these General Terms and Conditions of Use and Sale
 
The invalidity of any of the provisions herein, for any reason whatsoever, shall not affect the validity of the other provisions, whatever they may be. 
 
 

Article 31.       Titles
 
In case of difficulties of interpretation between one of the titles appearing at the beginning of the articles of these General Terms and Conditions of Use and Sale, and one of the clauses, the titles will be declared non-existent. 
 
 

Article 32.       Non-waiver clause
 
The fact, for Gigers, not to take advantage temporarily or permanently of one or more clauses of these General Terms and Conditions of Use and Sale, shall not be interpreted as a waiver to take advantage of the rest of the provisions of these General Terms and Conditions of Use and Sale.
 
 

Article 33.       Entry into force
 
These General Terms and Conditions of Use and Sale came into force on February, 13th 2019.
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