CGU & CGV – SENSEI.
01/10/2021
Terms and Conditions of Use and Sale of Sensei (OMAKASE)
These terms and conditions of use and sale (hereinafter referred to as the “Terms and Conditions”) are entered into between :
OMAKASE, a public limited company (société anonyme), registered with the Paris Trade and Companies Register, with its registered office at 19, Route de la Reine 92100 Boulogne-Billancourt (hereinafter referred to as the “Company”).
And
The User of www.joinsensei.co
Preamble
The Company operates a website accessible at www.joinsensei.co, offering an online marketplace dedicated to bringing together Freelancers and Clients/Project Leaders in the hotel and catering industry.
The purpose of these General Terms and Conditions is to govern the terms and conditions of use and sale of the Site, and to define the rights and obligations of Users who enter into a relationship on the Site.
Any access to and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these General Terms and Conditions.
I – Definitions
Customer/Project Sponsor: refers to any individual or legal entity using the Site for strictly professional purposes, with a view to contacting or being contacted by one or more Freelance(s) to carry out an Assignment.
Content: refers to any words, messages or information of any kind whatsoever (text, images, videos, photographs, comments, trademarks, company names, etc.) posted by a User on the Site.
Freelance: refers to any individual or legal entity, either with a SIRET number and registered with the Registre du Commerce et des Sociétés, Répertoire des Métiers, Maison des Artistes, Agessa, with the status of micro-entrepreneur, or working as a freelancer under legal conditions from France or abroad, who offers his or her services to Customers/Project Leaders via the Site.
Invoicing Mandate: refers to the invoicing mandate entered into between the Freelancer and the Company under the terms of which the Freelancer agrees to entrust the Company, in compliance with the applicable rules, with the preparation and issue of its invoices relating to the Assignments carried out for a Client/Project Sponsor via the Site.
Mission: refers to the specific task entrusted by a Customer/Project Sponsor to a Freelancer.
Site: refers to the Internet site whose address is www.joinsensei.co
Services: refers to all the services provided by the Company on the Site and in particular, the service of putting Freelancers and Customers/Project Sponsors in contact with each other, the services of providing payment tools, the drawing up and issuing of invoices in the name and on behalf of Freelancers, as well as services intended to assist the Customer/Project Sponsor in the search for and selection of Freelancers to carry out Assignments.
Users: Freelancers and Clients/Project Leaders.
II – Site registration
2.1 To access the Services, the User must create an account by registering free of charge on the Site.
The User must be at least 18 years of age and legally capable of contracting and using the Site in accordance with these Terms and Conditions. The User is required to provide accurate information and undertakes to update it immediately in the event of any changes.
Access to the account created is protected by a username and password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his/her login and password, and is the sole guarantor of their confidentiality, as well as any use of his/her account.
2.2 In order to be listed as a Freelancer on the Site and to be visible to Users, the Freelancer is also required to provide accurate and complete information on his/her profile page, as well as to update it.
The Freelancer also agrees to enter into a Billing Mandate with the Company to use the Services and to upload to the Site, the documents required concerning them for the purposes of meeting their obligations in the fight against undeclared work, as well as the rules of transparency (KYC) for the purposes of combating tax fraud, money laundering and the financing of terrorism.
2.3 In the event that the User provides false, inaccurate, out-of-date or incomplete data, the Company shall be entitled to suspend or close the User’s account and to refuse the User access to all or part of the Services in the future.
III – Description of Services and operation of the Site
3.1 The Services include in particular:
facilitating contact between freelancers and customers/project managers;
provision of means of payment to secure the progress of a Mission;
drawing up and issuing invoices for assignments carried out in the name and on behalf of freelancers;
collect from freelancers the documents required for due diligence and make them available to customers/project sponsors;
setting up Corporate Services for “key account” customers/project sponsors.
3.2 Corporate Services for “key account” customers/project sponsors include a range of dedicated services, in particular :
Tailor-made consulting services for freelance recruitment;
additional payment options.
3.3 The Customer/Project Sponsor contacts the Freelancer through Sensei and the project teams. After discussing the scope and terms of the assignment, the Freelancer sends Sensei and the Project Sponsor a proposal for services.
If agreed, Sensei will issue the invoice to the Client/Project Sponsor, enabling the Freelancer to begin the Mission.
At the end of the assignment, an invoice is drawn up and issued by the freelancer to Sensei, based on the agreed information. The Freelancer is obliged to provide the Company with all information or other legal notices required by law, as stipulated in the Billing Mandate.
Validation of the Assignment entails payment to the Freelancer of the invoice amount, less the commission payable to Sensei by the Freelancer.
IV – Access to the Site and Services
Access to the Services is reserved exclusively for registered Users.
Users domiciled outside France are also required to comply with all obligations incumbent upon them by virtue of the legislation applicable to their status in their country of residence, as well as obligations arising from their use of the Site.
Users are personally responsible for setting up the IT and telecommunications resources required to access the Site. They are responsible for any telecommunication costs incurred when accessing the Internet and using the Site.
The Site is accessible 24 hours a day, 7 days a week to all Users.
The Company reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more Services in order to update, modify or change operating methods, servers and access times, without this list being limitative.
The Company reserves the right to make any modifications and improvements to the Site and Services that it deems necessary or useful for the proper operation of the Site and Services.
V- Service prices
The Freelancer pays a commission to the Company, calculated as a percentage of the total value of the assignment. This commission is deducted directly from the amount payable to the Freelancer upon validation of the end of the assignment by the Customer/Project Sponsor.
The price of Services (excluding options) is set at between 5% and 10% of the price of the assignment, depending on the history and relationship between the Freelancer and the Client/Project Sponsor.
For Corporate Services, prices are available on request from Customer Service. These services will then be the subject of a specific contract between the Company and the Customer/Project Sponsor.
VI- Payment system
6.1 Payment by the Customer/Project Sponsor of the amount of the Mission is made by bank transfer to Sensei.
In the case of Corporate Services, the Customer/Project Sponsor may be authorized to pay the amount of the Mission directly on completion, without advance provision, within the payment deadlines stipulated by law. The terms and conditions of such payment are the subject of a separate agreement.
VII- Disputes
8.1 In the event of a disagreement between the Customer/Project Sponsor and the Freelancer over the quality of the service, the scope, the terms and conditions, or the stage of completion of the Assignment, the two parties undertake to inform the Company via the customer service department and to make their best efforts to discuss and find an amicable solution within 45 days.
The Company may intervene to try to propose a solution to the parties.
If no agreement is reached within this period, the Company will refund the amount of the Mission to the Customer/Project Sponsor within 15 days, after deduction of a flat-rate handling fee of 90 euros, corresponding in particular to the costs incurred by the Company in dealing with payment service providers and the cost of handling the dispute.
The Customer/Project Sponsor and the Freelancer will then be personally responsible for settling their dispute.
VIII – Commitments
9.1 The User undertakes to access and use the Site and the Services in accordance with the laws in force and the present Terms and Conditions.
In this respect, the User acknowledges that, for the sole purpose of verifying the User’s compliance with these General Terms and Conditions and applicable laws, the Company may review any Content published or exchanged on the Site.
Likewise, the User acknowledges that the Company may intervene to moderate the Content published, if it does not comply with the laws and regulations in force and the obligations of Users under the terms of these General Terms and Conditions.
9.2 The User undertakes to carry out all declarations and formalities necessary for his activity, and to meet all his legal, social, administrative and fiscal obligations and any specific obligations incumbent upon him under French law and/or the foreign legislation to which he is subject, in the context of his activity and use of the Services.
In the event of a request, the User undertakes to provide the Company, without delay, with any proof that he/she meets the conditions set out in the present article.
The User is solely responsible for the proper completion of the aforementioned formalities. The Company cannot be held liable in this respect.
9.3 The User undertakes to make fair use of the Site, in particular not to circumvent the Site and its Services.
Similarly, all Users are prohibited from extracting any content from the Site for a similar or competing activity, or for recruitment purposes.
9.4 The Customer/Project Sponsor undertakes to submit a serious and sufficiently detailed Mission offer to the Freelancer(s) with whom he/she contacts via the Site in order to obtain a price proposal.
In this respect, the Customer/Project Sponsor undertakes to provide the Freelancer with all necessary details so that the description of the Mission offer is as accurate as possible and does not mislead the Freelancer.
The Customer/Project Sponsor also refrains from using the Services and the Site to promote his/her activity or that of a third party. In this respect, it undertakes in particular not to send advertising messages to Site Users or to canvass them.
9.5 The Customer/Project Sponsor undertakes not to ask his financial institution to cancel his payment in electronic money during the Mission.
Similarly, the Customer/Project Sponsor acknowledges that validation of the Assignment via the Site constitutes acceptance of the Assignment and an irrevocable payment order to the Freelancer. With this validation, the Customer/Project Sponsor declares the Mission completed and compliant, and definitively waives any claim or recourse against the Company in respect of this payment.
In the event that the Client/Project Sponsor has not validated the Assignment by the end of the Assignment, and has not responded to any reminders from the Freelancer and/or the Company, the Client/Project Sponsor acknowledges that the Company will be entitled to release the amounts set aside for the Freelancer, one month after unanswered notification sent via the email address of the Client/Project Sponsor’s user account.
9.6 The Freelancer undertakes to maintain strict confidentiality with respect to any exchanges he may have had with Customers/Project Leaders and with respect to any information transmitted to him or of which he may have become aware during contact via the Site (whether or not this contact resulted in an Assignment).
9.7 The Freelancer undertakes to offer its services and to carry out Assignments on the Site only in its own name. It is therefore forbidden to subcontract all or part of the Mission to a third party. If the freelancer works under a corporate form other than a sole proprietorship, only the manager, president or partner of the structure, who is a natural person, can invoice. He thus undertakes to create a profile on the Site and to carry out the Mission himself.
X – Liability
Responsibility of Users, Project Developers and Freelancers
10.1 The User is solely responsible for any direct or indirect damage he may suffer as a result of inaccurate, incomplete and/or misleading information provided at the time of registration or in the absence of updating of such information, the consequences of which he alone shall bear.
The User acknowledges and accepts that any notification under the terms of these Terms and Conditions may be made to the User by means of the contact email address provided when the User’s profile is created on the Site.
10.2 The User is solely responsible for all Content that he chooses to put online on the Site, as the Company does not control the Content before it is put online.
The User expressly agrees not to publish any Content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and accepted standards of behaviour, infringing, prejudicial to public order or to the rights of third parties, likely to prejudice the rights, reputation or image of the Company and, more generally, whose content would infringe the law and/or regulations, particularly of a penal nature.
10.3 The Customer/Project Sponsor is solely responsible for the description of the Assignment for which he/she requests a fee proposal from the Freelancer. In the event of an error in the description of the Mission offer, the Customer/Project Sponsor alone will assume any necessary additional services and related additional costs by formalizing an additional Mission with the Freelancer via the Site.
10.4 The User is solely responsible for the conclusion and execution of contracts relating to an Assignment that he or she concludes with another User via the Site, with the Company intervening only to put them in contact. The conclusion and execution of these contracts, which are entered into directly between a Freelancer and a Customer/Project Sponsor, are at the initiative and under the exclusive responsibility of the latter.
10.5 The Freelancer acknowledges that the technical tools and resources made available by the Company do not release it from its responsibility to comply with its legal obligations. In particular, it acknowledges that it retains full responsibility for its legal and tax obligations in respect of invoicing for original initial and/or rectifying invoices issued in its name and on its behalf by the Company, in particular with regard to its VAT declaration and payment obligations, in accordance with the Invoicing Mandate.
Company liability
10.6 The Company makes every effort to ensure access to and proper operation of the Site and Services 24 hours a day, 7 days a week.
Nevertheless, given the limitations of the Internet, the Company cannot exclude the possibility that access to and operation of the Site and Services may be interrupted, in particular in the event of force majeure, malfunction of the User’s equipment, malfunction of the User’s Internet network, or maintenance operations to improve the Site and Services.
Consequently, the Company shall not be held liable for any interruption of the Services, whether voluntary or involuntary, it being specified that the Company undertakes to use its best efforts to limit any interruptions attributable to it.
10.7 The Company provides Freelancers and Clients/Project Leaders with tools and technical means enabling them to enter into a relationship for the purpose of concluding a service contract through the Site. Its responsibility is limited to the provision of these means, as described herein, and to putting Freelancers and Customers/Project Leaders in contact with each other.
In particular, the Company cannot be held responsible for the frequency with which Freelance profiles are presented on its Site.
The Company and the User are independent parties, each acting in their own name and for their own account.
The Company does not enter into any contract in the name of and/or on behalf of a Freelancer or Project Sponsor, the latter contracting directly with each other via the Site.
Consequently, the Company may under no circumstances be considered as an employee/employer or agent of a User.
As the Company is not a party in any capacity whatsoever to contracts relating to an Assignment concluded between Freelancers and Customers/Project Owners, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or performance of said contracts. Consequently, each User releases the Company from all liability for any direct or indirect consequences resulting from the introduction, conclusion and/or execution of such a contract between a Freelancer and a Client/Project Sponsor.
In this respect, the Company shall not be held liable for any cancellation of payment or revocation of direct debit authorization at the sole initiative of the Customer/Project Sponsor, and for any consequences that may arise therefrom.
10.8 The Company makes every effort to ensure the content and validity of the information and documents transmitted by Freelancers on the Site, provided that they are established in France. However, the Company may not be held liable in any way whatsoever for breaches of the obligations incumbent upon them, particularly in the context of the fight against undeclared work and compliance with transparency rules, nor for any damage that may result therefrom.
Thus, the Company cannot be held responsible for false, misleading or out-of-date information communicated to it by the Freelancer.
Similarly, the Company reserves the right not to forward messages from Customers/Project Leaders to Freelancers if they do not comply with the Site’s terms of use.
XII – Personal data
In accordance with the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, the User is hereby informed that the Company automatically processes the User’s personal data, in particular when the User connects to the Site, registers on the Site or uses the payment system.
The Company is the recipient of personal data collected through the Site. It undertakes to do everything in its power to ensure the security and confidentiality of such data.
This data is intended to enable the Company to make the Services accessible to the User and is also used for statistical purposes, direct commercial prospecting and the sending of newsletters.
The information and documents collected are not sold to third parties.
The Company keeps the data for a period of five years from the closure of the User’s account.
In accordance with the provisions of the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, the User has the right to access, modify, rectify and delete any personal data concerning him or her.
The User may also object to such processing for legitimate reasons.
To exercise their rights, Users should write to the following e-mail address hello@joinsensei.co or send a letter to : OMAKASE – 19, Route de la Reine 92100 Boulogne-Billancourt – France
The User is also informed that all the Company’s servers on which these data are stored and those of the service providers used to exchange and store these data are all located in Europe.
XIII – Cookies
For the proper operation of the Site and Services, cookies are placed on the User’s computer when he/she connects to the Site.
Cookies record information relating to browsing (pages consulted, date and time of consultation, etc.) and to the identification of its Users.
The cookies stored by the Company are kept for a period of 6 months.
However, the User may refuse the use of cookies by configuring his/her browser. As each browser is different, the User is invited to consult his browser’s manual to configure it as he wishes.
XVI – Intellectual property
14.1 From the Site
The Site and each of its components, including but not limited to text, images, videos, photographs, trademarks, logos, company names and domain names, are the exclusive property of the Company or its partners.
These elements are protected by intellectual property and other laws, including copyright.
Any reproduction or representation, in whole or in part, of the Site or of any of its component parts, without the authorization of the Company, is prohibited and constitutes an infringement punishable by the French Intellectual Property Code.
14.2 Content
Any User who publishes Content on the Site retains full ownership of everything he or she publishes.
By creating a profile or leaving recommendations on profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public Content on the Site, social networks, blogs operated by the latter and/or on any other media (in particular physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of operating, improving, promoting, marketing and advertising the Services and the Site or for the purposes of setting up partnerships. This authorization is valid worldwide and for the duration of the User’s registration.
The User acknowledges that any use of his Content made by the Company prior to his unsubscription, deletion or termination of his account may not be challenged.
XV – Hypertext links
15.1 The User is authorized to create one or more hypertext link(s) pointing, for example, to the Site’s home page or to its profile page if it is a Freelancer.
Users agree not to create any links from sites that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the Site and the Company.
In any event, the Company reserves the right to terminate this authorization at any time if it considers that the link established with the Site is likely to harm its interests, reputation and/or image.
Under no circumstances does the existence of a hypertext link from a third-party site to the Site imply cooperation and/or partnership between the Site and that third-party site. The Company has no control over third-party sites and therefore assumes no responsibility for the content, products and/or services available on or from such third-party sites containing a hypertext link to the Site.
15.2 The Site may contain links to the sites of partners of the Company or to the sites of third parties. The Company has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content or the products and/or services available on or from them.
The Company shall in no way be liable for any direct or indirect damage that may arise from the User’s access to the partner and/or third-party site and from the User’s use of the content and products and/or services of this site.
XVI – Duration, termination and penalties
The present contract is concluded for an indefinite period from the date of acceptance of the General Conditions by the User.
In the event that the User fails to comply with these Terms and Conditions, in particular by failing to provide the information required for proper use of the Site and/or commits any breach of the laws and regulations in force, and five days after informing the User via the Site’s messaging system, the Company shall be entitled to suspend or close the User’s account, automatically and by operation of law, and to refuse the User access to all or part of the Services in the future, without prejudice to any damages that the Company may be entitled to claim.
XVII – Customer service
For any questions or information concerning the Site and Services, the User may contact the Company via the “contact” section on the Site or by sending an e-mail to the following address: hello@joinsensei.co
XVIII – Invalidity – Waiver
Should any of the clauses of the present contract be declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the present General Terms and Conditions.
Failure by the Company to exercise its rights hereunder shall not constitute a waiver of such rights.
XIX – Modification of the General Terms and Conditions
The Company reserves the right to modify all or part of these Terms and Conditions.
The Company will inform the User of any changes made to these Terms and Conditions as soon as they are posted on the Site.
If the User does not accept the new General Terms and Conditions, he/she has 24 hours from the date of notification to inform the Company by e-mail.
In the event that the User has not notified his disagreement within the period specified above, he will be deemed to have accepted the modifications.
XX – Applicable law and jurisdiction
These Terms and Conditions are governed by French law. Any dispute relating to their formation, conclusion, interpretation and/or performance shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.
