TERMS AND CONDITIONS OF USE
The refusal to accept these Terms and Conditions of Use implies the impossibility of the user to use the platform. The owner of the platform may offer services which particular conditions will be specifically reported to each user in each specific case.
The platform is not intended to be used, or targeted to, anyone under the age of 16 years old. The access and use of the platform www.wisar.pro implies that you are at least 16 years old. Please, activate parental control to prevent and control the access of minors to the internet and inform minors about all the aspects related to security.
1. IDENTIFICATION OF THE OWNER
According to Spanish regulation Act 34/2002, 11th July, Information Society Services and Electronic Commerce, this document constitutes the Terms and Conditions of Use that regulates the navigation and use of the website located at the URL www.wisar.pro (hereinafter “Platform”).
www.wisar.pro is a website managed by WISAR BY TALENT REVOLUTION, S.L. (hereinafter “WISAR”) Spanish company, with registered offices in Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (Spain), with Tax ID number B-67158675 and registered in the Trade Register of Barcelona, Tome 46304, page 104, sheet B-515898, Inscription 1.
From WISAR we ensure that the contents of the Platform are up-to-date although the information may be inaccurate or inconclusive in some aspects. In any case, WISAR will not be responsible for the transmissions of information among users of this Platform.
It is forbidden any kind of communication that infringes or violates someone else’s rights and any kind of transmission which content is threatening, obscene, defamatory, pornographic, xenophobic, threatening the dignity of the person or the rights of children, or that violates the current legality.
It is also forbidden the inclusion and communication and provision of any false or inaccurate personal information that induces or may induce errors to other users.
3. WISAR’S OPERABILITY
WISAR has developed a platform that allows freelancers to enter and get registered to receive offers that fit their professional profile, and that in general, can be developed with a certain flexibility when it comes to timetables and location.
The access to the Platform is free during the trial period, once the trial period is over using the platform has a cost related to the subscription plan selected by every freelancer. The Platform is intended to be used by people over 16 years old. However, in order to access the services offered by WISAR, users will have to register through the platform. The users are described as follows:
PROFESSIONALS: Individuals who offer their services individually (not attached to an organisation) and whose registration is intended to inform about their professional experience and willingness to offer their services. For their registration, they must complete at least the following personal information: name, surname, email. You will have to choose a personal password and expressly accept all the platform legal notices. In addition to benefit from all the services offered, WISAR will ask for additional information in order to complete the professional profile of any user, such as: mailing address, phone number and gender, profile picture, ID, area of expertise, professional summary, expertise level, websites and portfolios, academic and professional experience, language skills, as well as any other data considered convenient to complete their user profile.
The requirements to use the platform and its services are the following:
- Accept all legal notices.
- To not have been expressly expelled from the platform by WISAR previously.
- To have only one personal account.
- To keep the personal information updated.
- To not provide fake information.
- To not create an account on behalf of someone else without his/her specific consent.
By using WISAR’s Platform you guarantee that you have the full right and ability to access this platform and you agree to follow and respect the Legal Notices and to not infringe any law or regulation of the country where you reside. As a user of this platform, you are solely responsible for abiding the laws of your region.
WISAR may reach any user asking for any additional information to verify all information provided. In the event that such requested documentation is not provided within ten calendar days, WISAR reserves the right to block or cancel the user’s account. All Data provided by the users will be exclusively reviewed by WISAR’s authorised staff for its verification.
4. CONDITIONS FOR ACCESS
By using WISAR’s Platform, you commit to:
- Provide valid personal information and to keep it updated.
- Use the services provided according to these Terms and Conditions.
- Keep your credentials and password safe without transferring them to any third party. As a user of the platform you are solely responsible for the use of your password. You will find more information regarding the password in section 5 of these legal conditions.
- Take full responsibility of all the activities that are carried out through your personal account and you commit not to sell, transfer, grant license or assign your account.
While using WISAR’s platform, you commit to not carrying out any of the following offences:
- To make an unauthorised or fraudulent use of the Platform or of the contents with illicit ends, prohibited in these Terms and Conditions of Use, harmful to the rights of third parties, or that in any way that can harm, render useless, overburden, deteriorate or impair the normal use of the Services, computer equipment or any document, files of any kind or content stored on any computer equipment.
- To solicit, collect or use credentials to log in from other users.
- To participate in unlawful multi-level marketing.
- To publish financial information of a third party.
- To disturbe, intimidate or persecute other users.
- To use our Platform to carry out unlawful acts or malicious acts.
- To create false profiles or secondary accounts.
- To use as your profile picture images or photographs of people who are not yourself.
- To provide false professional and academic information.
- To conduct advertising or marketing information directly or covertly or spam against the Law for the Information Society and Electronic Commerce Services (LSSI).
- To infringe any other intellectual property, brands, trade secrets, copyright from a third person (you will find more information on the Policy of Intellectual Property).
- To create a profile that promotes unlawful services.
- To use any technique to decompile, or otherwise attempt to extract source code from the Platform.
- To reveal any type of confidential information.
- To upload any pictures or any other kind of content that shows violent images, full or partial nudes, discriminatory, illegal, distasteful or pornographic content through the Platform.
In particular, but not limitative, the User undertakes not to transmit, disseminate, content, messages, pictures, sounds or images, software, or any kind of material that:
- In any way is contrary, undermines or attempts against the fundamental rights and public liberties recognised constitutionally, in International treaties and in the rest of legislation;
- Induces, incites or fosters criminal, degrading, defamatory, defaming, violent actions or whatsoever in general is contrary to the law, and generally accepted moral standards and good practice;
- Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of gender, race, religion, beliefs, age or condition;
- Incorporates, makes available or allows access to products, elements, messages and/or criminal services, violent, offensives, harmful, degrading or in general contrary to the law, and generally accepted moral standards and good practice
- Induces an unacceptable state of anxiety or fear;
- Induces or incites involvement in practices that may endanger, put at risk, or harm one’s health or mental stability;
- Contains spy ware, adware, virus, corrupted documents, worm programs or any other code maliciously intended to interrupt, harm or limit the functionality of any computer software, hardware, telecommunication, net, servers or any other equipment, trojans or any other material intended to damage, interfere with, intercept or expropriate any information or personal data from WISAR.
You will not:
- Collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission to generate data bases.
- Encourage or facilitate the breach of these Terms and Conditions of Use or any of our Legal Texts.
- Use content from third parties that contain, whether to advertise or to promote, services related to drug use, alcohol, adult dating or pornography without the appropriate age warnings.
- Create or engage in pyramid schemes, fraudulent or similar behaviours.
- Cancel any security function of the Service.
- Interfere with Platform Services or unfairly load them with Spam, denial of service attacks, viruses or game algorithms.
If we consider that you breach any of the above conditions, we reserve the right to withdrawal the published content, as well as to eliminate your account and to restrict your access to the Platform, regardless of any prejudice to the pertinent legal actions in each case.
The use of passwords is a security element established by WISAR for the identification and authentication of its users, therefore, the password is personal and non-transferable, and must be generated by the user according to the rules of robustness and complexity established at any time by WISAR. The password created by the user will have unlimited time validity, however Users may change it when they deem it necessary.
Users are responsible for the proper safeguard and confidentiality of any identifiers and / or passwords they select, and agree not to assign their use to third parties, either temporarily or permanently, or to allow their access to outsiders. Users will be responsible for the unlawful use of the Platform and its services by any illegitimate third party, that may access the Platform using their password.
In accordance with the above, it will be the user’s obligation to immediately notify the Platform’s managers about any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access, to proceed to their immediate cancellation.
6. LIMITATION OF LIABILITY
WISAR can modify the content of the Platform, its services, rates, guarantees, etc… at any time and without prior notice.
WISAR can provide to the user links or other elements that grant access to other websites belonging to third parties. We do not market the products and services of the linked websites, neither we assume any responsibility for them, nor for the information contained in them, nor for their veracity or legality, nor for any effects that may arise. In any case, WISAR declares that it will proceed to the immediate withdrawal of any content that may contradict national or international legislation, morals or public order, proceeding to the immediate withdrawal of the redirection to such websites, informing the authorities about such content.
The indicated prices in the platform are valid except for typographical errors and can be modified at any time without prior notice.
It is not necessary to be registered on the Platform or to give any personal information to surf it. However, mostly all of the services offered by WISAR require having registered and created a user account.
WISAR cannot ensure the uninterrupted or error-free functioning of the Platform. Therefore, we are not responsible for any damage produced while using the Platform.
WISAR offers its services and products indefinitely, being able, nevertheless, to suspend the provision of those, unilaterally and without previous warning.
This Platform has been reviewed and checked to ensure that it functions properly. In theory, it is granted to work 24 hours a day, 365 days a year. However, WISAR does not exclude the possibility that there may be some programming errors, or that force majeure, natural disasters, strikes, or similar circumstances that lead to an impossible access to the Platform may occur.
WISAR will not be responsible for any damages caused by a misuse of the Platform by the user.
This limited liability is part of the agreement between WISAR and the User. It is applicable with regards to any claim of liability, negligence, guarantee, damages, among others.
Certain legislations do not allow certain exclusions of liability, in such case, those exclusions will not be applicable in the specific case. Likewise, if any provision is declared null, it will not affect all the accepted conditions or the remaining provisions.
7. GENERAL CONTRACTING CONDITIONS
These Terms and Conditions of Use regulate the access to the Platform for the Users.
WISAR will not act as an agency or an intermediary between the user and the platforms where the jobs are posted (hereinafter “Sourcing Platforms”). On a general basis, the access to WISAR’s Platform is free for its users during the trial period. Charges apply as soon as the trial period is over and the related cost depend on the subscription plan selected by each user. Should WISAR decide to promote other products or services, the applicable charges and the characteristics of those products or services will be shown to the user during the contracting process.
Each Sourcing Platform contains its own terms and conditions. The User agrees to comply with those terms and conditions when creating a profile on the Sourcing Platform in order to apply to the jobs published there. The presentation of proposals, the negotiation of the projects terms, the acceptance of contracts, the execution of the contracted services, the payment transactions and the protection of confidential information on the Sourcing Platform are of exclusive responsibility of the user and the involved parties in such Sourcing Platform.
Users are free to choose the Sourcing Platforms on which they want to operate, from the ones that WISAR highlights for them.
The Professional is the sole responsible to ensure that the work done for clients through the Sourcing Platforms complies with any legal requirements that the legislation stipulates in labour matters, contractual, social security and other applicable legal requirements of the country where the User performs the work.
WISAR makes available all the infrastructure necessary to show the user the job offers from multiple sourcing platforms; however, WISAR will not represent any User and it cannot be considered as a contracting party between Professionals and clients on the Sourcing Platforms. The Payment for the Services provided by the User through the Sourcing Platforms complies with the operative in such Sourcing Platform. Under no circumstance, will WISAR be responsible for the payment of contract completed by the User for the Clients on the Sourcing Platforms.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual property and any right of exploitation and reproduction of this Platform are of exclusive property of WISAR. Any undue use by a third party will be prosecuted in accordance with the in-force and applicable legislation.
WISAR is the holder of all the rights regarding the industrial and intellectual property of the Platform, as well as all the elements in it (including, without limitation, graphic design, source code, logo, contents, images, texts, graphics, illustrations, photography’s, data base and any other element shown on the Platform), unless otherwise indicated.
Should WISAR have reasons to dispute the ownership or exploitation of the aforementioned resources, the holder of the infringing platform will be requested to withdraw them form its service.
The Professionals will be the legitimate owners or will have the proper authorization for the use of the photographs or logos that they use in their identification as Users, excluding WISAR from any type of responsibility in case of any claim from a third party with regards to the violation of rights over the aforementioned photographs or logos.
The user acknowledges that the reproduction, distribution, marketing, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of this website constitutes an infringement of intellectual and / or industrial property rights of WISAR or the holder thereof.
The Platform may contain hyperlinks to other websites, some of which are not edited, controlled, maintained or supervised by WISAR, therefore, WISAR is not responsible for the content of such websites. Each respective website owner is the sole responsible for its content. The mere fact that a hyperlink to them is established on the Platform doesn’t mean that WISAR guarantees or approves such contents. The function of the links that appear on this Platform is exclusively to inform the user about the existence of other sources of information on the subject on the Internet, where the User can expand the information offered on this Platform. WISAR will not be in any way responsible for the result obtained through the use of the information displayed in such hyperlinks.
Those users who wish to establish hyperlinks to the Platform must refrain from making false, inaccurate or incorrect statements about the Platform or its content. Under no circumstances will be declared or implied that WISAR authorizes the hyperlink, or that it supervises, approves or assumes in any way the contents or services offered or made available by the web page in which the hyperlink to the Platform is established. The establishment of the hyperlink does not imply in any case the existence of any relationship between WISAR and the owner of the website where the hyperlink to WISAR is published. Hyperlinks to the Platform must not be established on websites that include information or content that is unlawful, immoral or contrary to good customs, to public order, to uses accepted on the Internet or that in any way contravene the rights of third parties.
11. APPLICABLE LEGISLATION
Any dispute or conflict that may arise from matters relating to the use of the Platform shall be exclusively subjected to the jurisdiction of the courts of the city of Barcelona. You expressly waive the right to subject any controversy that may arise, to any other jurisdiction that you may be entitled and agree to submit any dispute resulting from the existence, access, use or content of the Platform solely to the Courts of Barcelona.
You may terminate this Agreement by notifying us or deleting your account at any time. In case you fail to comply with any of the provisions contemplated in these Terms and Conditions of Use or any kind of legal dispute arises as a result of actions derived from the use of our Platform, we reserve the right to terminate our agreement unilaterally, without prejudice to the continued application of clauses that by their nature subsist after the termination of the agreement.
You will be able to reach WISAR at any time through postal mail, to WISAR BY TALENT REVOLUTION S.L., Avenida de la Torreblanca, 57, 08172, Sant Cugat del Vallés, Barcelona (España); or through e-mail, at firstname.lastname@example.org.