Terms and conditions

Updated : January 15^th, 2023

INTRODUCTION

Bid jobbers is a mobile application, available on Android (Play Store) and iPhone (App Store).

This application is published by BIDJOBBERS, SAS with a capital of 1000 euros, having its head office located at the Bâtiment La Persévérance, La Batterie Friar’s bay, 97150 Saint-Martin and registered in the register of commerce and companies of the Registry of Basse- Terre (Guadeloupe) under the identification number 911 942 936, (hereinafter ‘the Publisher’). Bid jobbers are accessible to users (the “User” (s)).

BIDJOBBERS is hosted by AWS EMEA SARL, SARL, whose head office is located at 38 AV JOHN F KENNEDY L 1855 LUXEMBOURG. This host can be contacted at this email address: awsLUX-receivables-support@email.amazon.com .

The purpose of these General Conditions of Use (the “Conditions” or taken as a whole, the “Contract”) is to define the terms and conditions governing the relations between Users and BIDJOBBERS. In the event of non-compliance with the terms of these Conditions, BIDJOBBERS reserves the right to take any measure likely to protect its interests and in particular to ensure their execution.

The User undertakes during each of his visits to the application to comply with all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the application on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.

ARTICLE 1 : PURPOSE OF THE PLATFORM

The application allows the User to access the following services in particular: B2C mobile application (the “Service (s)”).

BIDJOBBERS, according to these Conditions, grants Users a revocable, non-exclusive, non-transferable limited right of access to the Services on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

ARTICLE 2 : ACCESS TO THE PLATFORM

To be eligible for the Service, the User can be a natural or legal person.

BIDJOBBERS reserves the right to suspend or refuse access by one or more Users to the platform.

ARTICLE 3 : PLATFORM MANAGEMENT

The Publisher implements the technical solutions necessary to allow continuous access to the application for the User. However, he reserves the right to limit or suspend access to all or part of the application at any time, and without notice. Such an interruption may in particular be made necessary for reasons of maintenance of the application or its content, or for any other reason deemed necessary for the proper functioning of the application by the Publisher.

Use of the application requires an internet connection and a mobile phone. The app is accessible through the Play Store (Android) and App Store (iPhone). Links to these applications are also available on the publisher’s website: www.bidjobbers.sx. In order to ensure the proper functioning of the application, it is specified that the application is available for:

– ANDROID;

– iOS.

All hardware and software necessary for access to the application and use of the Services remain the sole responsibility of the User.

ARTICLE 4 : REPORTING

The user has the option of contacting the Publisher to report any illegal or clearly inappropriate behavior or content. Such a report can be made by email to the address support@bidjobbers.sx.

ARTICLE 5 : USE OF THE PLATFORM SERVICES

1.1 User obligations

Users refrain from:

1. to transmit, publish, distribute, record or destroy any material, in particular the content of BID JOBBERS, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;

2. to disseminate data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in vigor or morality;

3. to reference or create links to any content or information available from BID JOBBERS sites, except with the express, prior and written consent of BIDJOBBERS;

4. use information, content or any data on the Site in order to offer a service considered competitive to BIDJOBBERS.

5. to sell, exchange or monetize information, content or data present on the platform or the Services offered by the Platform, without the express written consent of BIDJOBBERS;

6. to practice reverse engineering, decompile, disassemble, decipher or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;

7. use software or manual devices or automatons, coding robots or other means to access, explore, extract or index any page of the Site;

8. to endanger or attempt to endanger the digital security of BIDJOBBERS. This includes attempts to monitor, scan or test the vulnerability of the system or network or to violate security or authentication measures without express prior authorization;

9. counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of BIDJOBBERS;

10. to simulate the appearance or operation of the Site or the application, for example by performing a mirror effect;

11. disrupt or disturb, directly or indirectly BIDJOBBERS, or impose a disproportionate load on the infrastructure of the Site, or attempt to transmit or activate computer viruses via or on the Site.

It is recalled that breaches of system or network security can lead to civil and criminal prosecution. BIDJOBBERS verifies the absence of such violation and may call on the legal authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Site fairly, in accordance with its purpose and with the legal and regulatory provisions, these Conditions and the practices in force.

1.2 User customer accounts

The Publisher reserves certain BIDJOBBERS services to users who have registered on the application, this concerns in particular B2C services. When registering, the user agrees to provide valid and truthful information. In particular, he undertakes to provide the Publisher with an email address so that the latter can communicate information to him.

Any information communicated by email from the Publisher to the User will be deemed to have been read by the latter.

Any user regularly registered on the application may request the deletion of his customer account, the Publisher undertakes to delete the customer accounts for which he has received such a request.

Personal customer data is deleted after 60 months without the customer having logged in.

ARTICLE 6 : INTELLECTUAL PROPERTY

All the content of the Site, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others belongs to BIDJOBBERS, which is the sole holder of all property rights. intellectual related.

Any representation and / or reproduction and / or partial or total exploitation of the contents and Services offered by BIDJOBBERS, by any means whatsoever, without the prior written authorization of BIDJOBBERS, is strictly prohibited and could give rise to legal proceedings. judicial.

ARTICLE 7 : PERSONAL DATA

All personal data available to ARTECH CONSULTING are collected legally and fairly in accordance with the terms of the confidentiality policy accessible at this address: www.bidjobbers.sx/confidentialite.

These data are provided by Users who voluntarily and expressly accept these Conditions authorizing BIDJOBBERS to process, disclose or transfer this data to any third party in order to allow (i) the User to take full advantage of the Services and functions offered. by the application, (ii) prevent any fraud and / or (iii) for statistical purposes.

Personal data is stored by BIDJOBBERS for processing as part of the use of the Services. They are kept as long as necessary for the provision of the Services and functions offered by the application.

The User always remains the owner of the information concerning him that he transmits to BIDJOBBERS. He has, in accordance with Law No. 78-17 of January 6, 1978 according to its consolidated version of March 24, 2020, a right to access, rectify and delete personal data concerning him, as well as the right to oppose the communication of these data to third parties for valid reasons.

The User may exercise their rights by writing to the following email address: support@bidjobbers.sx

A response to the User’s request will be sent to him within 30 days.

ARTICLE 8 : RESPONSIBILITY

It is recalled that the data published by the Users and the information shared by the latter may be collected and used by other Users or third parties. In this sense, BIDJOBBERS does not guarantee the respect of the ownership of this data, it is up to the User to take all the necessary measures so that the ownership of his data is preserved.

BIDJOBBERS does not guarantee the uninterrupted or error-free operation of the Services, in particular, BIDJOBBERS cannot be held liable in the event of an interruption in access to the Platform due to maintenance operations, updates. or technical improvements.

In any case, BIDJOBBERS can not under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any missed profit, any unfortunate investment, inaccuracy or corruption of files or data, image or commercial damage, loss of turnover or profit, loss of clientele or loss of opportunity linked to any title and on any basis whatsoever.

In addition, BIDJOBBERS cannot be held responsible for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of French courts and tribunals.

ARTICLE 9 : CONVENTION OF EVIDENCE

The computer systems and files are authentic in the relationship between BIDJOBBERS and the User.

Thus, BIDJOBBERS may validly produce, as part of any procedure, for the purposes of proof the data, files, programs, recordings or other elements, received, transmitted or stored by means of the computer systems operated, on all digital or analog media, and s ‘prevail unless there is a manifest error.

ARTICLE 10 : INDIVISIBILITY

The fact that any provision of the Contract is or becomes illegal or unenforceable will in no way affect the validity or enforceability of the other provisions of the Contract.

ARTICLE 11 : SETTLEMENT OF DISPUTES

The conclusion, interpretation and validity of this Contract are governed by French law, whatever the country of origin of the User or the country from which the User accesses BIDJOBBERS and notwithstanding the principles of conflicts of law.

In the event that a dispute relating to the validity, execution or interpretation of this Contract and would be brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which it is expressly attributed jurisdiction, even in the event of summary proceedings or multiple defendants.

The User is informed that he can in any case resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.

ARTICLE 12 : DURATION OF THE GENERAL CONDITIONS OF USE

These general conditions of use are concluded for an indefinite period, the User is required to respect them from the start of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. Users will be notified of each update to the document.