Article 1. Introduction
These general terms and conditions (the "Terms") apply to all services offered through the webste www.crewbooking.eu (the "Website") or on the web app (the "App") and in particular the operation of an online platform that allows registered employers (the "Employers") seeking a person (the "Worker") for providing him/her a service (the "Service"). An Employer or a Worker is hereafter referred to as "User", "you", "yours". These Terms are applicable, excluding any other conditions (unless otherwise explicitly agreed upon and approved in writing by CrewBooking).
The Terms must be approved by any User willing to access the Website or the App. The Terms constitute teh general contract between the CrewBooking or the App and the User. Accessing to the CrewBooking or to the App means acceptance of these Terms.
This contract is valid in French only and only French controls all aspects. All other languages are provided to make your job easier and in no way constitute a contract with CrewBooking.
In case of non-acceptance of the Terms, the User must waive access to services offered by the Site or the App.
Article 2. Modification of the Terms
CrewBooking reserves the right to amend these Terms at any time. In case of any modifications to these Terms, the modified Terms will be published on the CrewBooking website. CrewBooking will inform its Users timely about any changes to these Terms by e-mail or in the App prior to their date of entry into force. By continuing to use the Service after the date of entry into force of the modified Terms, you agree to be bound by the Terms as modified. If you do not agree with the modified Terms, you can cancel your CrewBooking subscription.
Article 3. Nature of the Service
The Service offered by CrewBooking consists only in operating an online platform that allows registered Employers seeking Worker(s) who is/are willing to provide a Service further to a request (a "Request")sent by the Employer for rendering a Service that has been previously determined by the Employer in the Request. CrewBooking cannot be seen as employer, principal or any other responsible of the services offered directly by the Workers to the Employers. You expressly agree that the activities of CrewBooking do not consist of any services providing.
As the operator of the online platform, CrewBooking only acts as an intermediary, and therefore we cannot intervene in any way in the relation that develops between an Employer and a Worker. Each Worker is free to decide if he/she wants to answer positively to an Employer's Request to enter into a relationship and each Employer is solely responsible for the Worker he/she chooses. In no event shall CrewBooking be liable for the behavior of an Employer or Worker and for any damages that they may cause to one another in the context of a Service provided. The Users shall arrange such problems among themselves.
Article 4. Legal mentions
The Website www.crewbooking.eu and the App are provided by CrewBooking SPRL, whose registered office is located at 14, Rue de Sart in 1457 Walhain - Belgium, registered with the Crossroads Bank for Enterprises (RPM Nivelles) under the number BE 0678.371.082, and with the VAT number BE0632842351.
The director of publication and the person in charge of the processing of personal data is Mr. Laurent Hirtz.
The host of the CrewBooking Site is SiteGround Hosting Inc., headquartered at 901 N. Pitt St, Suite 325, Alexandria, 22314 VA - USA
Article 5. Subscription and identification of a User
In order to use Crewbooking, Workers must have a smart phone on which the App has been installed and an Internet connection. Employers must also have a credit card.
Any User can register for free by completing the online registration form. You agree to provide accurate and truthful information about your identity (eg age, gender, description), Your skills (eg diplomas, experiences). The proof of your approval may be requested later by the team Crewbooking.). It is forbidden to use an alias or the identity of another person to create multiple profiles or to use the profile of another User. We reserve the right to remove or deny, temporarily or permanently, the User's access to the App if the profile contains inaccurate or false information, or We may reasonably suspect that it contains incorrect or incorrect information. false, without any warning or right to any compensation.
If in doubt, We may also ask You to prove your identity on the basis of written evidence and We may proceed to any verification that may be useful in this context. If you do not respond to such a request, We reserve the right to delete Your profile or deny you access to the App or Service, without any warning and no right to compensation.
The User can, at any time, modify his profile ("My Profile"). The User must keep his profile up to date. Workers can also, temporarily or permanently, define their status as "unavailable". In this case, they will not receive proposals from the Employers.
A Worker must be at least 16 years old to use the Service.
Article 6. Access to services
The Website allows Users to access a platform that is aimed at professionals from the events, entertainment, film and audiovisual sectors.
The objective is to meet the real needs of the market. It facilitates the implementation initially between the Workers and the Employers and in a second time between the Workers and the trainers . By registering on CrewBooking, the Workers put their skills forward as well as their availability. By registering on the Website, Employers can access a list of profiles corresponding to their needs for Services. The Website offers optimized planning of events and teams of workers. The trainer members access the site to validate the competencies of the Workers who have requested it as a result of training at the relevant training center.
The Website and the App are accessible anywhere to any User having access to the Internet. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense.
The use of the CrewBooking is free for Users except for Employers who wish to subscribe to a paid subscription.
The non registered User does not have access to member services. To access CrewBooking, the User must identify himself using his/her username and password.
CrewBooking implements all the means at its disposal to ensure quality access to its services. The obligation being of means ("obligation de moyens"), CrewBooking does not undertake to reach this result ("obligation de résultat").
Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage the responsibility of CrewBooking.
Access to CrewBooking Website may at any time be subject to interruption, suspension, modification without notice for maintenance or any other case. The User undertakes not to claim any compensation following an interruption of a suspension or modification of this contract.
The User has the opportunity to contact CrewBooking by email at info |blob| crewbooking |punt| eu.
Article 7. Obligation of the Users
7.1 Obligation of the Employer to pay the Worker
The Employer undertakes to pay, at the latest at the end of the Service, the amounts due to the Worker , in accordance with the arrangements previously made among them. See below for more information on the payment terms.
7.2 Prohibition to use the data for any purpose other than personal
The App or the Website can solely be used for personal use as an Emloyer or a Worker. You are not allowed to pass on any information obtained through the App or the Website to any third parties for any commercial purposes or any other purposes which are not considered as normal use of the App or the Website.
7.3 Acts and prohibited conduct
Trust is an essential condition in the framework of the Services rendered. Each User agrees to behave appropriately and respectfully toward other other Users.
It is strictly prohibited for Users to adopt any inappropriate, racist, discriminatory behaviour or to act contrary to the good morals or to use a profile picture that violates any of the foregoing. A User may not post any inappropriate, racist, discriminatory, offensive or immoral comments in the description of his profile or when applicable in the chat or rating function offered by the App or the Website.
The App or the Service may not be used for fraudulent purposes, to commit unlawful acts or exchange illegal material or content and in general, it is forbidden to use the App or the Website in a way that is not related to the Service that is offered.
In the context of the use of the App or the Website, You will refrain from, and will avoid to encourage others to (i) ask, accept or carry out any service that were found via Crewbooking outside the App; (ii) dilute, tarnish or otherwise harm the Crewbooking trademark in any way, including any slander on social networks; (iii) use the App or Website for fraudulent purposes by committing unlawful actions to exchange illegal materials or content, and generally, use the App or the Website for any purpose other than the use of the Service that is offered.
Generally, if case you would have any concern or dissatisfaction, you undertake to contact the CrewBooking teams via info@CrewBooking.eu prior to expressing your dissatisfaction on social networks.
CrewBooking reserves the right to deny access, either temporarily or permanently, to the App or the Website to any User who does not comply with this article, or to remove any declaration or profile picture contrary to this article, without any warning nor any right to compensation.
7.4 Compliance with legal obligations
It is the sole responsibility of each User to comply with all applicable laws, rules, regulations and obligations applicable to the use of the App or Website.
CrewBooking would like to point out to its Users that the use of the Service may result in legal obligations for the User, for example in the areas of social security, taxation or insurance. Each Employer and Worker is obliged to seek the necessary advice. If necessary, each Employer and Worker must take the necessary steps to ensure that he/she is fully in compliance with all applicable legal requirements. In no event can CrewBooking be held liable for any damages, fines or penalties arising from the User's failure to comply with these obligations.
Article 8. Intellectual property
The trademarks, logos, signs and other content of the Website are protected by the Code of Intellectual Property and more specifically by copyright.
The User requests the prior authorization of the Website for any reproduction, publication, copy of the various contents.
The User agrees not to use the content for commercial purposes.
Any content posted by the User is his sole responsibility. The User agrees not to put on line content that may affect the interests of third parties. Any legal action brought by an aggrieved third party against the Site will be borne by the User. The User's content may be deleted or modified by the Site at any time if it does not comply with the aforementioned conditions and the User receives no justification and notification prior to the deletion or modification of the User content.
Article 9. Personal data
The information requested for registration on the Website is necessary and mandatory for the creation of the account of the User.
In particular, the email address may be used by the Website for the administration, management and animation of the Website .
The user content of a Worker is used for the purpose of linking to potential Employer and to facilitate declarations and administrative steps to the job.
The Website collects and stores the User Content for a period of one year. Each year, the Site requests the consent of Users to continue to use the User Content.
The Website allows Employer members to upload a roadmap and a team table containing all the essential data of the Workers who accepted a Service.
The Website ensure the User a collection and treatment of personal information in respect of privacy in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data , amended by the Act of 11 December 1998 transposing Directive 95/46 / EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and freedom of movement of these data (Moniteur belge of 03/02/1999). The Website complies with and is in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and freedom of movement these data, and repealing Directive 95/46 / EC (General Data Protection Regulation).
The User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right via or by:
- his/her personal access after identification ;
- the contact form;
- email to info |blob| crewbooking |punt| eu ;
- postboxnto the address 14 Rue de Sart, 1457 Walhain – Belgique.
The User can find more information about the collection, processing and storage of personal data in our Privacy Statement.
Article 10. Liability
The sources of information disseminated on the Website are deemed reliable. However, the Website reserves the faculty of a non-guarantee of the reliability of the sources. The information given on the Website is for informative purposes only. Hence, the User assumes the sole responsibility for the use of the information and contents of this Website.
The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks related to the use of his username and password. CrewBooking declines all responsibility.
Any use of the service by the User directly or indirectly resulting in damage must be compensated for the benefit of CrewBooking.
CrewBooking will not be liable for any violations of these Terms due to circumstances which are caused by force majeure or any circumstances reasonably out of its control.
Article 11. Payments
11.1 Payments to Crewbooking
The use of Crewbooking is free for Workers.
11.1.2 Payment for the PREMIUM subscription
When you subscribe to a PREMIUM Subscription, the Employer is authorized to benefit from an unlimited number of services as described in the product description.
The Employer may subscribe (i) a monthly PREMIUM Subscription or (ii) an annual PREMIUM Subscription (the "PREMIUM Subscription Period"). The applicable duration and the applicable prices of the PREMIUM Subscription will be indicated in the App at the time of the subscription. These prices are invoiced in Euros and include all taxes.
To benefit from this payment, Crewbooking uses the payment services of Stripe Payments Europe.
11.1.3. Termination of the PREMIUM subscription:
The PREMIUM Subscription is automatically renewed at the end of each PREMIUM Subscription Period for the same duration as those applicable to the current PREMIUM Subscription Period (each being a "PREMIUM Renewal"), unless you cancel your PREMIUM subscription before the expiry date of the current PREMIUM Subscription. Any information about your PREMIUM Subscription is available in the "my profile" section.
You may terminate your PREMIUM Membership at any time without charge during the current PREMIUM Subscription Period. You may cancel a PREMIUM Renewal at any time at no charge and without notice.
Crewbooking reserves the right to change the pricing of the PREMIUM Subscription in the future. Such modification will be communicated to the User in good time before the entry into force of such new prices and this new pricing will apply at the first renewal of the PREMIUM Subscription Period.
You can cancel your PREMIUM Subscription simply in the "Manage my subscription" section in Your profile. Please note that the PREMIUM Subscription fees are non-refundable and that the termination of your PREMIUM Subscription does not give any right to the reimbursement of prepaid PREMIUM Subscription fees.
11.1.4 Les paiements par les Employeurs aux Travailleurs
The Workers will be directly paid by the Employers for the Services provided on the basis of the agreements they have previously agreed upon. If applicable, these payments may be made using the payment service integrated into the App (only if the Worker has provided a bank account number), or in cash. Bank charges may apply.
We reiterate that Crewbooking is not party to any of the agreements between Employers and Workers. Therefore, We do not intervene in payments between them and we can not be held liable in any way if an Employer does not proceed or only partially pays.
Article 12. Right to retract
If you wish to withdraw your PREMIUM Subscription, you are entitled to exercise your right of withdrawal within a period of fourteen (14) days without giving any reason, provided that You have not yet made any request before that date under your PREMIUM Subscription The withdrawal period expires after fourteen (14) days starting from the day on which You have purchased a PREMIUM Subscription.
You can exercise its right of withdrawal by sending the withdrawal form attached to these Terms or any other unambiguous statement in writing indicating that You want to withdraw the agreement to the following address: CREWBOOKING SPRL, Rue de Sart 14 à 1457 Walhain. You can no longer use your right of withdrawal once You have use a Service under your PREMIUM Subscirption.
If You withdraw your order, CrewBooking shall reimburse the User who has purchased the PREMIUM Subscription without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the order. CrewBooking will carry out such reimbursement using the same means of payment as You have used for the initial transaction, unless You have expressly agreed otherwise. In any event, You will not incur any fees as a result of such reimbursement.
Please note that the right to withdraw does not apply to any PREMIUM Subscription Renewal. However, as explained above, You can cancel a PREMIUM Subscription Renewal at any time, in accordance with present Terms.
Article 13. Users Review
Trust is an essential condition an essential condition of the relationship between the Users. Therefore, CrewBooking has developed a system of ratings and recommandation and can include a comment after the Service. This system of ratings and comments is not subject to any financial connection. Users agree to give this evaluation in an objective and conscientious manner. By creating a profile, Users accept that they can be subject to a review. If a User believes that a specific review is not justified, he can report this to info |blob| crewbooking |punt| eu.
Article 14. Exclusion of liability
CrewBooking cannot be held liable for any minor faults. In no event can CrewBooking be held liable for any damage resulting from the unavailability of the App or the loss of data or information provided on the App. In no event shall CrewBooking be liable for any indirect damages such as loss of opportunity or sunk costs.
Without prejudice to the foregoing, CrewBooking's liability under these Terms is limited to EUR 100.
Article 15. Availability of the App and of the Website
We undertake all reasonable efforts to keep our services accessible 24/7 for as many Users as possible. In case of interruption, we will use the resources that we find most appropriate to remedy the disruption as soon as possible.
We reserve the right, at any time and without prior notice, to suspend access to the App or te Website for technical or any other reasons, without any liability for these interruptions and the possible consequences thereof for you or any third parties.
Article 16. Intellectual Property
The intellectual property rights pertaining to the App and any copyrights related to any and all documents which are stored, displayed or made available on the App are either owned by CrewBooking or properly licensed by its third party owners. All such rights are reserved.
The User acknowledges, agrees and warrants that CrewBooking and its service providers are granted a non-exclusive, worldwide, unlimited, irrevocable, free of charge (with right to sublicense) license to use any text, photo or information that the User has provided on the App or the Website, for the operation of the Service.
The User retains full ownership of his intellectual property rights. But by publishing a publication on the site, it assigns to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, throughout the world, on any support (digital or physical), for the duration of the intellectual property. The User assigns in particular the right to use his publication on the internet.
Article 17. Invalidity and/or unenforceability
If the provisions of these Terms or any part thereof are considered to be illegal, invalid or otherwise unenforceable, then to the extent that they are illegal, invalid or unenforceable, such provisions shall be considered as severable from these Terms and shall be considered removed from these Terms. The remaining provisions of the Terms will be left unchanged, in full force, and preserving all their effect and continue to be mandatory and fully enforceable.
Article 18. Force Majeure
Crewbooking will not be liable for any violations of these Terms due to circumstances which are caused by force majeure or any circumstances reasonably out of its control.
Article 19. Deleting your profile
CrewBooking reserves the right to delete Your profile, if You have not used the App for a subsequent period of six months and You have not subscribed to a Crewbooking Subscription.
Article 20. Governing Law and Jurisdiction
These Terms are subject to Belgian law.
In case of any dispute between CrewBooking and a User, both parties agree to attempt to settle such dispute amicably at first. If no settlement can be reached within a period of one month after the dispute first arose, the User can, as the case may be, bring the dispute either before the courts of the place where the User has his/her residence or the courts of Nivelles. CrewBooking will always bring the dispute before the courts of the place where the User has his/her residence.
In case of a dispute between two Users, we remind you that CrewBooking is not a party to such dispute, and therefore will not in any way intervene in such dispute.
Article 21. Reports or complaints
If you have any questions or want to report a problem, you can contact us by letter: CrewBooking, 14 Rue de Sart 1457 Walhain Belgium or by email at info |blob| crewbooking |punt| eu