Terms of Use

Terms and conditions

Article 1. Introduction

These general conditions (the “Conditions”) apply to all the services offered via the website www.theworqer.com (the “Site”) or the Worqer application (the “App”), and in particular to the operation of an online platform which allows registered employers (the “companies”) looking for a profile for a specific service to get in touch with registered workers (the “crew”) who are ready to make themselves available of the Employer (the “Service”).An Employer or a Worker is hereinafter called “User”, “you”, “your”.These Conditions apply to the exclusion of all other conditions (unless expressly agreed otherwise in writing accepted and approved by Creative Deer Ltd). The Conditions must be accepted by any User wishing to access the Site or the App. They constitute the contract between the Site or the App and the User. Access to the Site or the App by the User signifies his acceptance of these Conditions. This contract is valid in English only, and only English controls all aspects. All other languages ​​are provided to facilitate your task and do not constitute a contract with Creative Deer Ltd. In the event of non-acceptance of the Conditions, the User must renounce access to the services offered by the Site or the App. Please read these Terms carefully. By creating a User account or by using the services offered by Creative Deer Ltd, You are deemed to have understood and accepted the Conditions. If You do not agree to these Terms or our Privacy Policy, you should not use the services We offer.

Article 2. Modification of the general conditions

Creative Deer Ltd reserves the right to modify these Conditions at any time. In the event of modification of these Conditions, the Conditions as modified will be published on the Creative Deer Ltd website. Creative Deer Ltd will inform its Users in good time of changes to the Conditions by e-mail or in the App before the date on which they take effect. By continuing to use the Service after the effective date of the modified Conditions, you agree to be bound by the Conditions as amended. If you do not agree with the amended Conditions, you can terminate your Subscription. Article 3. Nature of the service The Service set up by Creative Deer Ltd only consists of the execution of an online platform which allows Registered Employers, who are looking for a trusted person, to contact Registered Workers who are ready to respond to a work request (a “Request”) to perform a service, the amount of which will have been determined by the Employer in his request (the “Service”). Creative Deer Ltd cannot be considered as employer, principal or other responsible for the Services that the Workers provide directly to the Employers. You expressly agree that the activity of Creative Deer Ltd does not consist in providing services. As operator of the online platform, Creative Deer Ltd is only an intermediary, and therefore will not interfere in any way in the developing relationship between an Employer and a Worker. Each Worker is free to decide whether or not to respond positively or not to an invitation to enter into contact with an Employer and each Employer is solely responsible for the Worker he chooses. We are in no way responsible for the behaviour of Employers or Workers and the damage they may cause to another in the context of the Service requested. It is up to the Users themselves to resolve such problems.

Article 4. Legal notices

The website www.theworqer.com and the App are provided by the company Creative Deer Ltd whose head office is located at; 31 Middleton Road, Daventry, Northamptonshire, NN11 8BH Company number: 12393746 The Director of publication and the person responsible for processing personal data is Mr. Adam Sutton. Mr Robert Fitzgerald The host of the Site www.theworqer.com is the Company Creative Deer Ltd. whose head office is located at 31 Middleton Road, Daventry, Northamptonshire, NN11 8BH

Article 5. Registration and identification of a User

In order to use www.theworqer.com, Workers must have a computer/phone on which the site can be opened and have an Internet connection. The User can register (for a fee) by completing the online registration form. You agree to provide accurate and truthful information about your identity (e.g. age, gender, description), Your skills (e.g. degrees, experiences). Supporting documents regarding your approval may be requested later by the Creative Deer Ltd team.). It is prohibited to borrow an alias or the identity of another person to create several profiles or to use the profile of another User. We reserve the right to remove or refuse, temporarily or permanently, the User’s access to the site/app if the profile contains inaccurate or false information, or which we can reasonably suspect that. In case of doubt, We may also ask You to prove Your identity on the basis of written evidence and We may carry out any verification which might be useful in this context. If you do not respond to such a request, We reserve the right to delete Your profile or refuse You access to the Site/App or the 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 requests from the Employers. A Worker must be at least 16 years old to use the Service.

Article 6. Access to services

The Site allows Users access to a platform that is aimed at professionals in the world of events, entertainment and audiovisual. The objective is to bring together the real needs of the market. It facilitates implementation between Workers. By registering on the Platform, Workers highlight their skills and their availability. By registering on the Site, Employers can access a list of profiles corresponding to their needs for Services. The Site is accessible anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are his responsibility. The use of www.theworqer.com is chargeable for Users via a subscription service (either monthly or annually) Creative Deer  Ltd will inform its Users in good time of changes to the Conditions by e-mail or in the App before the date on which they take effect. The use of www.theworqer.com is free for Employers (“companies”) however Creative Deer Ltd reserve the right to change this at any time. Creative Deer  Ltd will inform its Users in good time of changes to the Conditions by e-mail or in the App before the date on which they take effect. The non-member User does not have access to this services Access to Creative Deer Ltd services may be interrupted, suspended or changed without notice at any time for maintenance or any other case. The User undertakes not to claim any compensation following an interruption of a suspension or a modification of this contract. Users will be notified of any pre planned maintenance of the site via email or notification. Any event due to third party resulting in a malfunction of the network or the server does not engage the responsibility of Creative Deer Ltd. The User can contact Creative Deer Ltd by email at info@theworqer.com .

Article 7. Obligations of Users

7.1 Obligation of the Employer to Pay the Worker

As an Employer, You agree to pay the Worker at the end of the Service, in accordance with the mutual agreement that you had previously concluded. See below for more information on payment terms.

7.2 Prohibition to use the data for other than personal use

You can use the Site/App or the Service only for your personal use as an Employer or Worker. You are not authorized to transmit the information you obtain via the Site/App or the Service to third parties for commercial purposes or for purposes other than the normal use of the Site/App.

7.3 Prohibited acts and behaviours

Trust is essential in the context of the Services entrusted by the Employer. Each User agrees to behave in an appropriate and respectful manner towards other Users. It is strictly forbidden for any User to adopt any inappropriate, racist, discriminatory behavior or to take any act which is contrary to good morals or to use a profile photo which is incompatible with the above. A User may not post inappropriate, racist, discriminatory, hurtful or contrary to good character declarations in the description of his profile or, as far as this is applicable, through the chat or rating functions offered by the Site/App. The App or the Site cannot be used for fraudulent purposes, to commit illegal acts, to exchange illegal material or content and, in general, it is prohibited to use the App in a way that is unrelated to the Service. In connection with the use of the App or the Service, You prohibit yourself and avoid encouraging other people to (i) request, accept or perform a Service found via Creative Deer Ltd outside the App; (ii) dilute, tarnish or otherwise harm the Creative Deer Ltd brand in any way, including in the event of denigration on social networks; (iii) to use the site/app for fraudulent purposes to commit illegal acts to exchange illegal material or content, and generally to use the App for a purpose other than the use of the service that is offered. In general, in case of concern or dissatisfaction, you agree to contact the Creative Deer Ltd teams via info@theworqer.com before expressing your dissatisfaction on social networks. Creative Deer Ltd reserves the right to refuse access, temporarily or permanently, to the Site/App to any User who does not comply with this article, or to delete any declaration or profile photo contrary to this article, without any warning or right to compensation.

7.4 Compliance with legal obligations

It is up to each User alone to comply with all the laws, rules, regulations and obligations applicable to the use of the App and the Site. Creative Deer Ltd clarifies to Users that the use of the Service may create legal obligations for the User, for example, without this list being exhaustive, in the fields of social security, taxation or insurance. Each Employer and Worker is required to inform himself about the obligations incumbent upon him or for which he is legally bound or liable to be held liable. If necessary, each Employer or Worker must take the necessary measures himself to ensure that he / she is in compliance with all applicable legal obligations. Under no circumstances can Creative Deer Ltd be held liable for damages, fines or penalties resulting from the fact that a User has failed to comply with these obligations.

Article 8. Intellectual property.

The brands, logos, signs and any other content on the Site are protected by the Intellectual Property Code and more particularly by copyright. The User requests the prior authorization of the Site for any reproduction, publication, copy of the various content. The User undertakes not to use the contents for commercial purposes. Any content posted by the User is his sole responsibility. The User undertakes not to put online content that could harm the interests of third parties. Any legal action brought by an injured third party against the Site will be borne by the User. User content may be deleted or modified at any time by the Site if it does not comply with the above conditions and the User does not receive any justification and notification prior to the deletion or modification of User content.

Article 9. Personal data

The information requested for registration on the Site is necessary and mandatory for the creation of the User’s account. In particular, the email address may be used by the site for the administration, management and management of the service. The Worker user content is used for the purpose of connecting with potential Employer users and to facilitate declarations and administrative procedures for employment. The Site collects and stores User content for the duration of the users subscription, Creative Deer Ltd may store user content for marketing purposes. Users reserve the right to contact Creative Deer Ltd at info@theworqer.com to have their content deleted at any time. The Site allows Employer members to download a team table containing all the essential data of Workers who have accepted a Service. The User can find more information regarding the collection, processing and storage of personal data in our Privacy Statement .

Lability

The sources of the information disseminated on the Site are deemed reliable. However, the Site reserves the right to not guarantee the reliability of the sources. The information given on the site is for informational purposes only. Thus, the User assumes sole responsibility for the use of the information and content on this site. The User makes sure to keep his password secret. Any disclosure of the password, whatever its form, is prohibited. The User assumes the risks linked to the use of his username and password. Creative Deer Ltd declines all responsibility. Any use of the service by the User directly or indirectly resulting in damage must be subject to compensation for the benefit of Creative Deer Ltd. The site cannot be held liable in the event of unforeseeable circumstances and insurmountable fact of a third party.

Article 11. Payments

11.1 Payments to Creative Deer Ltd.

11.1.1 Workers

The worker “crew” may subscribe to (i) a monthly Subscription or (ii) an annual Subscription (the “Subscription Period”). The applicable duration and the applicable prices of the Subscription will be indicated on the Site/App when subscribing. These prices are invoiced in Pound sterling and include all taxes. To collect this payment, Creative Deer Ltd uses the payment services of Stripe Payments Europe. By using the Stripe Service and payment system, You agree, as an Employer, that the Stripe General Conditions of Use will apply between You and Stripe Payments Europe. Stripe’s General Conditions of Use are attached to and form an integral part of these Conditions. Taking into account the Stripe payment system, single payments of less than 1 Euro cannot be made.

11.1.2 Payment for the Subscription

When you subscribe to a Subscription, the worker is authorized to benefit from an unlimited number of services as described in the product description.

11.1.3. Termination of the Subscription:

The Subscription is automatically renewed at the end of each Subscription Period for the same duration as those applicable to the current Subscription Period (each being a “Subscription Renewal”), unless you cancel your subscription before the expiration date of the current subscription. All information relating to your Subscription is available in the “my profile” section. You can terminate your Subscription at any time without charge during the current Subscription Period. You can cancel a Renewal at any time, free of charge and regardless of a notice period. Creative Deer Ltd reserves the right to modify the pricing of the Subscription in the future. Such a 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 when the Subscription Period is first renewed. You can cancel your Subscription simply in the “management of my subscription” section in Your profile. Please note that the Subscription fees are non-refundable and that the termination of your Subscription gives no right to reimbursement of the prepaid Subscription fees. 11.1.4 Payments by Employers to Workers

11.1.3. Termination of the Subscription:

The Workers will be paid directly by the Employers for their Services on the basis of the agreements which they themselves have put in place on this subject. We reiterate that Creative Deer Ltd is not a party to the agreements between Employers and Workers. Therefore, We do not intervene in the payments between them and we cannot be held responsible in any way whatsoever if an Employer does not make or only partially makes the payment.

Article 12. Right of withdrawal

If you wish to cancel your purchase of a Subscription, you have the right to exercise your right of withdrawal within thirty (30) days without providing specific reasons for said withdrawal, provided that You have not yet made a request before this date under your Subscription during this period. The withdrawal period expires after a period of thirty (30) days from the day on which You purchased the Subscription

Article 13. User reviews

Trust is essential in the context of the Services mentioned. This is why Creative Deer Ltd has set up a rating and notice system by which Users can each assign an opinion or recommendation at the end of a Service and attach a comment to it. This system of ratings and reviews is not subject to any capital link. Users undertake to make this assessment in an objective and conscientious manner. By creating a profile, Users accept that they can be evaluated. If a User finds that a specific evaluation is incorrect, he can report it to:  info@theworqer.com

Article 14. Exclusion of liability

Creative Deer Ltd is not responsible for slight faults. In no event shall Creative Deer Ltd be liable for any damage resulting from the unavailability of the Site/App or loss of data or information provided on the Site/App. In any case, Creative Deer Ltd cannot be held responsible for any direct or indirect damage such as loss of opportunity or unnecessarily incurred costs.

Article 15. Availability of the App and the Site

We make every reasonable effort to keep our services accessible to a maximum of Users 7 days a week and 24 hours a day. In the event of an interruption, We will provide the resources we find most appropriate in order to resume normal services as quickly as possible. We reserve the right, at any time and without notice, to suspend access to the App or the site for technical or other reasons and accept no responsibility for the possible consequences of these interruptions for you or third parties.

Article 16. Intellectual property

The intellectual property rights of the Site/App and the copyright in relation to all the documents stored, displayed and accessible on the Site/App are either the property of Creative Deer Ltd or their use is duly authorized. All these rights are reserved. The User acknowledges, accepts and guarantees that Creative Deer Ltd and its service providers are entitled to a non-exclusive, universal, unlimited, irrevocable, free license (with sub-license rights) to use any text, photo or information that the User would place on the Site/App, as part of the operation of the Service. The User remains the holder of all of their intellectual property rights. But by publishing a publication on the site, it gives 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, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The User gives in particular the right to use his publication on the internet.

Article 17. Invalidity and / or inapplicability

If these Conditions or a part of them should be considered illegal, invalid or unenforceable, then to the extent that they are illegal, invalid or unenforceable, they must be treated as separable from these Conditions and will be deleted. The remaining Conditions will remain unchanged, fully in force, retain all their effects and continue to be binding and enforceable.

Article 18. Unforeseen circumstances

Creative Deer Ltd will not be responsible for any violations of these Terms caused by circumstances beyond its reasonable control.

Article 19. Deletion of your profile

Creative Deer Ltd reserves the right to delete Your profile, if You have not used the App for a consecutive period of six months and you have not subscribed to a Creative Deer Ltd Subscription. If You wish to delete your profile, please see our Privacy Policy. Subject to the application of Our Privacy Policy, We will delete Your profile within the legally required time.

Article 20. Applicable law and competent jurisdiction

These Conditions are subject to UK law. In the event of a dispute between Creative Deer Ltd and a User, the two parties agree to try to settle the dispute amicably at first. If no friendly settlement can be reached in the month following the birth of the dispute, the User may, if necessary, submit the choice, either to the courts of the place where the User has his residence or to courts of the UK.Creative Deer Ltd will always bring litigation before the courts of the place where the User has his residence. In the case of a dispute between two Users, we remind you that Creative Deer Ltd is not a party to such a dispute, and that it cannot therefore in any case intervene in this dispute.

Article 21. Reports and complaints

If you have any questions or want to report a problem, you can contact us either by letter: Creative Deer Ltd, 2 Veridion Way, London,DA18 4 Al or by e-mail: info@theworqer.com