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These General Terms of Services (hereinafter referred to as the "GTS") are intended solely for independent professionals carrying out activities in the following areas:
Hereinafter referred to as "edtakers".
In order to register on this website, every edtaker is obliged to expressly accept the GTS. It is therefore imperative that any edtaker is aware of the GTS in that they define the rules of use of the Site.
When the edtaker initiates his registration with EDTAKE on the Site and he checks the box "I accept the General Terms of Service", he acknowledges having previously read the GTS and accept them without restriction.
The mentions legally required from web site editors are accessible on the page « Legal mentions ».
The GTS constitute a contract that binds :
The edtaker, as designated in the registration form,
For one thing,
AND
EDTAKE, société par actions simplifiée, au capital de 1.056,00 euros, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro B 853 962 777, dont le siège social est 11 boulevard Suchet, 75016 Paris.
Hereinafter referred to as "EDTAKE",
On the other hand,
In the GTS, words or expressions beginning with a capital letter have the following meaning :
With regard to the Clients, the Site's vocation is to accompany them in their project of designing professional training courses for their employees.
To this end, it enables Customers to propose to EDTAKE offers of assignments, and if necessary to be offered by EDTAKE one or more profiles of edtakers who have been pre-selected by EDTAKE for the purpose of approving them.
With regard to the edtakers, the Site is therefore intended to enable them to highlight their professional skills and previous achievements as well as to participate in these various Missions.
Consequently, the GTS govern access, registration and use of the Site as well as the terms and conditions of use of the Services, in particular (i) that of creating, for the edtakers, their account in order, in particular, to be able to present their Profile to Customers who have published an Offer of Mission and (ii) that of being able to participate in a Mission.
It is specified that in the relationship between EDTAKE and the edtaker, the GTS (together with the registration documents of the edtaker) govern their entire contractual relationship and apply to the express exclusion of all other agreements.
EDTAKE advises the edtakers to save or print out the GTS, but not to change them.
EDTAKE reserves the right to amend the GTS at any time by publishing a new version of the GTS on the Website.
In this case, any Mission in progress shall remain subject to the previous GTS. The modified GTS will be submitted to the edtaker at the time of its selection for any Mission subsequent to the modification, for acceptance on its part. In case of acceptance, any new Mission Offer in which the edtaker would participate and, more generally, the contractual relationship of the parties will be subject to these modified GTS. In case of rejection of the new GTS, the contractual relationship between the parties will then be terminated on the date of rejection by the edtaker of the new GTS and the edtaker will no longer be able to participate in any Offer of Engagement or access its Account, except for the time of any Mission in progress.
EDTAKE reserves the right to improve, at any time, certain functionalities of the Site or to add new ones which will automatically be subject to these GTS or to their modified version.
These GTS are concluded for an indefinite period from the date of registration of the edtaker.
Accordingly, either party may terminate it and, therefore, terminate the registration of the edtaker on the Site, without cause or compensation to the other party, subject to thirty (30) days notice when the termination is at the initiative of EDTAKE and immediately when the termination is at the initiative of the edtaker. In the latter case, the edtaker simply needs to click on the link "Delete my Account" and confirm the operation.
However, such a termination can only take effect from the expiry of any Mission in progress.
The duration of the Missions is stipulated in the Mission Offer.
The Services are reserved for edtakers only.
The Services are mainly the following:
Any edtaker wishing to benefit from the Service must first register on the Site.
Can register on the Site as an edtaker only professionals. Accordingly, any individual must be able to present a SIRET number to register on the Site.
Once the creation of his Account validated by EDTAKE, the edtaker will be able to complete his Profile.
It is possible to modify and/or complete his Profile at any time by logging into the Account.
It is strictly forbidden for an edtaker to register on the Site under multiple identities or under a false identity.
EDTAKE reserves the right to delete access to the Account of an edtaker / Customer whose Identifier and / or activity would be contrary to morality or would be illegal and, therefore, access to Services resulting therefrom, without notice or compensation to the edtaker or prejudice to the rights of EDTAKE.
The registration process cannot be completed if one of the mandatory fields is not filled in or if the box "I accept the general terms and conditions of services" is not ticked.
EDTAKE reserves the right to ask any edtaker to justify the information provided during the registration process. This information must be complete and accurate at the date of registration of the edtaker on the Site.
In case of modification of this information, the edtaker undertakes to correct it, without delay, within his Account.
EDTAKE can’t verify the identity of the edtakers nor the veracity of the information provided by them.
Consequently, the edtaker acknowledges that any false information or become such, communicated by him, is likely to engage his responsibility to EDTAKE and / or Customers.
The edtaker chooses his login and password. It is up to him to regularly change his password from the Account. It is strongly recommended not to choose a password that is a common word, but to alternate numbers and letters, lower and upper case.
The edtaker is solely responsible for his Login and Password and the use he makes of them. He expressly undertakes to keep his password confidential and not to communicate it under any circumstances to anyone. Accordingly, the edtaker expressly acknowledges that the entry of any username and password is proof of his identity and consent to all operations that will be performed on the Site following his identification.
The edtaker must ensure that it maintains a valid email address during the period of its registration on the Site at the risk of no longer being able to access it, particularly in case of loss of password.
The Account of an edtaker is strictly personal and can therefore not be transmitted by any means whatsoever to a third party, even for free.
EDTAKE cannot be held liable for any damages that edtakers may suffer as a result of the use by a third party of their login and password. In the event of loss, misuse or fraudulent use of all or part of its Login and Password, the edtaker shall immediately notify EDTAKE and shall remain liable for any use made of its Login and Password before EDTAKE has been informed of the misuse or fraudulent use of all or part of its Login and Password and has been able, within a reasonable period of time, to modify them. In the event that an edtaker would disseminate or use its ID contrary to its purpose, EDTAKE reserves the right to terminate the contract and remove access to the Account and the Contents, without notice or compensation. EDTAKE may also take legal action in order to obtain compensation for any possible prejudice that it may suffer as a result of this distribution or use.
These stipulations are expressly considered to be substantial between the parties.
The edtakers expressly accept that the automatic registration systems of EDTAKE are considered as proof:
The performance of a Mission is entrusted by the Customer to EDTAKE alone.
When an Assignment Offer is published by the Customer, EDTAKE receives the information automatically via the Site.
The Assignment Offer is expressly considered between the parties as accepted by EDTAKE at the time when either EDTAKE has notified its acceptance of the Assignment Offer without reservation, or the Customer has approved the Profile(s) of edtakers that have been the subject of a Preselection in case of use of edtakers by EDTAKE.
Consequently and where applicable, the edtakers thus approved will act as subcontractors in the execution of the Mission entrusted by the Customer to EDTAKE.
The contractual provisions between EDTAKE and the subcontractor(s) for the execution of all or part of this Project are set out in the "Subcontracting Agreement".
Prior to the publication of an Assignment Offer, the Client may carry out a simulation of the price of the Assignment by area of expertise, it being specified that this estimate is provided for information purposes only and is automated by the Site on the basis of an average daily rate, an estimate of the workload and the number of iterations. The Client is free to use or not this estimate in the determination of its budget.
For the publication of an Assignment Offer, the Client must provide the following information:
In the event that EDTAKE responds to an Assignment Offer and in the event EDTAKE uses one or more edtakers to carry out an Assignment, it undertakes to pre-select one or more edtakers on the basis of the Profiles that appear to it to be the best and most appropriate according to each Assignment Offer that it will have received from a Customer.
Assignment Offers are available only to edtakers pre-selected by EDTAKE and approved by the Customer.
The Assignment Offer is presented by EDTAKE to these edtakers through their Account. The edtakers can view all pending Assignment Offers on the dedicated page of their Account.
The pre-selected edtaker benefits from a period of forty-eight (48) hours from the publication of the Assignment Offer on its Account to express its willingness to carry out the Assignment.
As soon as an edtaker of the Preselection accepts to carry out an Assignment Offer, it is automatically cancelled for any other edtakers who have been the subject of the Preselection.
The Customer expressly accepts that EDTAKE may call upon any subcontractor of its choice from among all the edtakers for the performance of all or part of a Mission.
Where applicable, the edtakers subject to pre-selection must be validated by the Customer; this validation shall constitute approval within the meaning of Article 3 of Law 75-1334 relating to subcontracting.
Where applicable and pursuant to Article 14 of Law 75-1334 relating to subcontracting, the Customer hereby accepts that EDTAKE may delegate it to the subcontractor under the terms of Articles 1336 et seq. of the French Civil Code, up to the amount of the services performed by the subcontractor, and to be bound towards the subcontractor.
It is EDTAKE's responsibility to coordinate the subcontractors it chooses and, if necessary, to make up for their shortcomings by any means.
In any event, EDTAKE shall remain liable to the Customer for the execution of the subcontracted services.
The registration of the edtaker on the Site in order to benefit from the Services is free.
In the event of the performance of an assignment, the price and terms of payment of the edtaker by EDTAKE are stipulated in the "Subcontracting Contract" referred to in Article 9 hereof.
A Content is recorded on the Site by an edtaker for the sole purpose of presenting his Profile. This Content will therefore be accessible only to Customers.
For technical reasons, only certain types of files are processed on the Site. In addition, the weight of these files is limited.
Finally, no Content, likely to present a threat to the computer security of the Site, can be registered by the edtaker in his Account.
In any case and at any time, the edtaker may delete its Content from its Account, except Mission still in progress.
A Content remains in the Account of the edtaker as long as the edtaker has not deleted it or the edtaker remains registered on the Site.
The Contents are organized in two categories:
Consequently and as far as this second category of Content is concerned, the edtaker is solely and exclusively responsible for it.
EDTAKE therefore only provides a technical service of hosting these Contents. The management of the edtakers' Contents on the Site being fully automated, EDTAKE does not verify the consistency and, therefore, their legality when registering in the Account of an edtaker, which is in principle immediate subject to processing times related to the Internet.
EDTAKE is the publisher of the only content that it publishes on its own initiative on its Site.
The Contents registered by the edtakers on the Website are not subject to any control, neither a priori nor a posteriori, by EDTAKE. Pursuant to Law No. 2004-575 of 21 June 2004 "for confidence in the digital economy", EDTAKE is therefore expressly deemed between the parties to be the host and not the publisher of these Contents registered on the Website.
In this respect and in accordance with the aforementioned law n°2004-575 of 21 June 2004, which notably determines the responsibilities of Internet content hosts, EDTAKE is obliged, in its capacity as host, to act promptly to remove the illicit data it hosts or to make access impossible, as soon as it becomes aware of it.
It is recalled that EDTAKE does not have, under this law, the general obligation to monitor the information and content accessible on the Site, nor the general obligation to search for facts or circumstances revealing illicit activities.
In all cases and by way of example, without this list being exhaustive, edtakers and Customers undertake not to register Content or send messages that :
The edtakers and Customers expressly accept that EDTAKE may delete from their Account any Content that is contrary to morality or does not comply with the regulations in force regarding online content, without notice or compensation to the edtaker or Customer concerned, nor prejudice to the rights of EDTAKE.
Any edtaker and any Customer guarantees EDTAKE from any civil condemnation that could be pronounced against him because of the registration on his Account of Content contrary to morality or not in accordance with the regulations in force regarding online content.
EDTAKE cannot be held responsible for Content recorded and/or transmitted by an edtaker, on its own initiative and under its exclusive responsibility, which may infringe the rights of third parties.
The edtakers and Customers agree with EDTAKE to hold all intellectual property rights or have the authorization of the holders of rights on the Contents they register on their Account and/or transmit to EDTAKE and guarantee EDTAKE from the consequences of the registration of these Contents on the Site and their transmission.
In addition, it is strictly forbidden for edtakers and Customers to introduce, by any means whatsoever, data likely to modify or harm the content or presentation of the Site, in particular viruses, Trojan horses, spyware, malicious software, etc.
During the period of execution of the contract, the edtaker can at any time take a copy of the files constituting the Content present on his Account.
Given the free nature of the hosting service of the edtaker's Contents, EDTAKE does not guarantee the edtaker a total and perfect backup of its Contents on the Site, nor their permanent accessibility on its Account.
Therefore, it is the responsibility of the edtaker to regularly back up this Content present on his Account on any medium belonging to him.
In particular, EDTAKE has no obligation to supply its Content to the edtaker at the end of the contract, whatever the reason.
At the end of the contract, regardless of the cause, and subject to the time of data processing, EDTAKE will delete all Content of the edtaker from its online databases, including all Content, and will keep only one copy offline during the legal deadlines in force.
EDTAKE uses "cookies" to optimize the use of the Site and, in particular, the following categories of cookies:
These last three categories of cookies require the consent of Internet users, which can be given by clicking on "set" and then "accept".
Internet users may also, at any time, click on the "Privacy & Cookies Policy" link present on all pages of this website and choose to accept or refuse the various cookies used on the Site (apart from those indispensable for its operation).
In addition, the edtaker is informed that once identified on his Account, these last three categories of cookies are not used by EDTAKE so that no information is collected.
In accordance with current regulations, the consent collected by EDTAKE from Internet users for the use of cookies is valid for a period of thirteen (13) months from the deposit of the cookie. At the end of this period, the consent of the latter must be collected again by EDTAKE.
For any information, complaint, question or advice, the edtaker can contact the "Supplier Relations" department of EDTAKE at the following coordinates:
Le Site est optimisé pour une navigation avec les navigateurs suivants : Microsoft Edge versions 87.0.x.x et supérieures ; Firefox versions 4 et supérieures ; Safari versions 4 et supérieures ; Chrome versions 14 et supérieures ; Opera versions 9.25 et supérieures.
The Site is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of EDTAKE.
In addition, the operation of the Site may be temporarily degraded or interrupted, in whole or in part and to all or part of the edtakers, for reasons, in particular, of maintenance, update or technical improvement, without notice. EDTAKE cannot be held liable for these service interruptions or operating disturbances.
EDTAKE cannot be held liable for the non-functioning, inability to access or malfunctioning of the Site due to unsuitable equipment, malfunctions in the services of the edtakers' access provider or those of the Internet network. The same shall apply for all other reasons outside EDTAKE.
In addition, the edtakers acknowledge that the characteristics and constraints of the Internet network do not allow to guarantee the total security, availability and integrity of data transmissions. Consequently, EDTAKE does not guarantee that the Site will operate without interruption or error.
Finally, as the Internet is accessible to all and, in particular, to ill-intentioned persons, the edtakers acknowledge that EDTAKE cannot guarantee the absolute secrecy of correspondence exchanged by the means made available to them on the Site.
EDTAKE is the owner of all intellectual property rights and/or exploitation rights, in particular under copyright, database law and trademark law, relating to the Site, its content and all elements constituting it.
The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of EDTAKE or, where applicable, of their respective owners with whom EDTAKE has concluded user agreements.
Under no circumstances may they be reproduced, used or represented without the express written authorisation of EDTAKE, under penalty of prosecution.
EDTAKE grants the edtakers a non-exclusive, personal and non-transferable right to use the Site as well as the original intellectual works and data contained therein. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained on the Site and (ii) a reproduction right consisting of printing and/or saving these original intellectual works and data consulted. This right of use is intended for strictly private use only.
Any other use of the Site, in particular commercial use, on the part of the edtakers is prohibited without the express written permission of EDTAKE.
In particular, the edtakers are prohibited, without limitation, to reproduce and/or represent for any use other than private, download, sell, distribute, issue, translate, adapt, exploit, distribute, broadcast and communicate in whole or in part in any form whatsoever, commercially or non-commercially, any work of the original spirit or data contained on the Site.
Finally, the domain name of the Site "edtake.com" belongs to EDTAKE.
Any hypertext link to the Site, whatever the type of link, must be subject to prior authorisation from EDTAKE, on paper or electronic media.
The Site may include hypertext links to other websites or Internet resources external to the Site.
On the day of their creation, EDTAKE has ensured, as far as possible, that these websites and other Internet resources did not contain any content that contravenes French law.
However, insofar as EDTAKE cannot permanently control these external sites and resources, it cannot ensure that these sites and resources remain permanently compliant with legal requirements.
Consequently, EDTAKE can only be held responsible for the availability of these external sites and resources insofar as the page or internet resource to which a hypertext link has been created contained content that contravenes French laws at the time of its creation.
EDTAKE can therefore bear no responsibility for the content, advertising, products and services available on or from these external sites or resources proposed after the creation of the hypertext link on its Site. By express agreement, it is the responsibility of the edtaker to provide evidence that the said hyperlink was created prior to the dissemination of such content, advertising, products or services.
Apart from this case, the edtaker therefore acknowledges that EDTAKE can’t be held liable for any damages or losses, actual or alleged, arising out of or in connection with the use or with the fact of having read the content, advertising, products or services available on these sites or external resources.
If in the context of a search conducted on the Site, the result of the search led an edtaker to point to sites, pages or forums whose title and / or content constitute an infringement of French law, particularly given that EDTAKE can’t control the content of these sites and external sources, it should stop its consultation of the site concerned unless it incurs the penalties provided by applicable law or to respond to legal actions initiated against it.
Finally, if, despite the efforts of EDTAKE, one of the hypertext links on the Site pointed to a site or Internet resource whose content was or appeared to be non-compliant with the requirements of French law to an edtaker, the latter undertakes to immediately contact the director of publication to communicate the address of the pages of the site in question. EDTAKE then undertakes to study the said site and to inform the edtaker of the action it intends to take, within a reasonable time. The edtaker undertakes not to take legal action against EDTAKE before receiving a response from him within a reasonable time. The edtaker also undertakes to take legal action against EDTAKE only if it refuses to remove the link.
In the event of non-performance by one of the parties of one of its substantial obligations, the other party may notify it of the termination of the present contract, fifteen (15) days after a formal notice to remedy it, which has remained without effect, without prejudice to any damages that may be due.
It is expressly agreed that any failure by a party to the "Subcontract" referred to in Article 9 hereof may be considered by the party that is the victim thereof as a breach of a substantial obligation under these GTS.
EDTAKE may also, at its discretion, send a notice with the purpose of reminding the offending edtaker of its obligations.
It is specified that EDTAKE reserves the right to terminate any contract with an edtaker who has provided false information when registering on the Site or who does not comply with its contractual obligations or laws and regulations in force. In case of emergency and, in particular, in the event that EDTAKE would be led to withdraw all or part of the Content registered on the Site by the edtaker under the law and / or the GTS, the termination of the GTS may be effective immediately, that is to say without any notice or compensation for it.
In the event of termination or suspension of access rights to areas of the Site reserved for the presentation of the Identifier of the edtaker intervening on the initiative of EDTAKE, the notification of contractual breaches as well as the possible termination of the GTS is notified to the edtaker by email to the address provided by the edtaker.
Access to areas of the Site reserved for the presentation of the ID of the edtaker is then removed by EDTAKE as soon as possible.
EDTAKE is only responsible for the content of the pages it publishes and the Services it offers.
EDTAKE can in no way be held responsible for any damage that may occur on the computer system of an edtaker and / or loss of data resulting from the use of the Site by an edtaker.
EDTAKE can’t be held liable for any facts other than those relating to the editing of the Site and messages exchanged as part of the Services. EDTAKE does not guarantee in any way the availability or performance of the Site. EDTAKE will not be liable for any damage suffered by an edtaker due to a missed gain, loss of opportunity or loss of image. The responsibility of EDTAKE can only be sought for direct and foreseeable damages, exclusively caused by a failure of EDTAKE to meet its obligations.
In the event that EDTAKE is held liable due to a breach by an edtaker of its obligations under the terms of the contract or the laws in force, the edtaker guarantees EDTAKE against any condemnation pronounced against EDTAKE or amicable compensation. This guarantee covers both any compensation that may be paid, as well as attorney's fees and legal costs that would be borne by EDTAKE.
EDTAKE shall not be held liable for any default, delay or non-performance of its obligations under the GTS, where such default, delay or non-performance is due to force majeure.
Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by French case law: total or partial strikes, internal or external to EDTAKE, lock-out, bad weather, blockage of means of communication for any reason whatsoever, computer or server breakdowns, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other case independent of the will of the parties, preventing the normal execution of the GTS.
In addition, the edtaker declares that it is aware of the complexity of global networks, the unequal capacities of the various subnetworks, the influx of users at certain times and the various "bottlenecks" at certain locations on the Internet. As the current Internet transmission protocols do not make it possible to ensure with certainty and continuity the proper reception of messages and the integrity of the documents transmitted, EDTAKE can’t be held liable in the event of poor transmission due to a failure or malfunction of these transmission networks.
The fact that one of the parties to the contract does not take advantage of a breach by the other party of any of its contractual obligations shall not be interpreted in the future as a waiver of the obligation in question.
The edtakers accept in advance that EDTAKE can be substituted in the execution of the GTS by any company. EDTAKE will notify the edtaker by e-mail of the date on which such substitution will take place. On that date, the GTS will be deemed terminated as between the parties so that each party will be released from its obligations to the other and new GTS will be deemed concluded between the edtaker and the entity that substituted EDTAKE.
The GTS version in French is the only legally valid version and the only one able to be produced in court.
The GTS are subject to French law.
ANY DIFFICULTY RELATING TO THE INTERPRETATION OR EXECUTION OF THIS CONTRACT AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, REGARDLESS OF THE PLACE OF EXECUTION OF THE CONTRACT, THE DOMICILE OF THE DEFENDANT OR THE METHOD OF PAYMENT ACCEPTED, EVEN IN THE CASE OF A GUARANTEE CALL, A PLURALITY OF DEFENDANTS OR A REFERENCE PROCEDURE.
The present GTS have been updated on the 02/03/2020.