Conditions d'utilisation


Welcome to Fleexer

Our platform is aimed at facilitating creating great team by contact between project holders and a community of passionate people – volunteer, intern, freelancers, early adopters, mentors, potential teammates and so on and so forth - regardless of the types of projects or their stage of progress or the type of skill and their expertise level. All User are supported by great ecosystem regardless of their activities.

Fleexer is owned by Fleexer Management Inc operated in Canada.

Conditions of Use

Please review these conditions of use carefully before using this site.

By using this site in general or identifying yourself with your password where required, you agree to comply with these conditions and those set forth in our privacy policy as amended from time to time. If you refuse to comply with those conditions, please do not use this site.

Fleexer reserves the right, at any time and without notice, to modify these conditions and those set forth in our privacy policy concerning the protection of personal information by publishing on its site the relevant modifications or notifications. Users will be notified of these changes.

The masculine form is used without discrimination solely in the interests of readability.

Definitions

These conditions (the "conditions") govern your use of the various websites operated by The Fleexer Management Inc. The following definitions apply to all of the Terms and conditions herein:

1. Services: the entire panel of services provided by Fleexer.

2. Fleexer: the corporation in itself as well as its corporate site.

3. Platform: means organisation, service provider, services, users, all visitors of Fleexer, profiles: the entire community present on Fleexer that has registered for Account , and applies to all transactions conducted on-line on any of those sites.

4. Fleexer Account : all the users' personal spaces including their profile page which is public as well as their dashboard (to monitor all of their activities on www.fleexer.com) which is private.

5. Public: the world, the users and registered users, all visitors with a validated account or not.

6. Project owner: means users that do have a project and created a project page on www.fleexer.com.

7. Projects: pages created by users who have a project, regardless of its state of maturity (idea, planning, production) in order to showcase it to the World.

8. Skill requests: pages created by users to find a team for their project.

9. Skill: users that do have a skill and created a skill offer page on www.fleexer.com.

10. Skill offer: pages created by users who have a passion, regardless of its state of maturity (apprentice, passionate, expert) in order to showcase it to the World.

11. Organisation page: users who have the right to create and manage a page of a other entity regardless of its statement (institution, non-profit, incorporation, cooperative, government) in order to showcase to the World.

12. Eligibility page: user who creates an eligibility page to offer financial or non financial programmes to support collaboration.

13. Contact: users who have provided contact to a user through the project page, skill demanded page, organisation page or eligibility page.

14. Collaboration: user who gets together to share skills and knowledge by contacting each other via the project page or skill offer page.

Fleexer is visible to the public (www.Fleexer.com) - however, access to features and communications devices are solely for registered users. You understand that you bear the consequences of actions by anyone you allow to access to Fleexer through your account. However, Fleexer retains the right to prohibit anyone to use the Services and to access, block, cancel or suspend projects, skill requests, skill offers, eligibility, organisation, profile for any reason without liability.

The Website Ownership

Subject to indication to the contrary, the entire content of the Fleexer websites, including all texts, data, graphics, photos and images, software and all trademarks, service marks and brand names used on the site as well as their selection and arrangement (collectively referred to as the "content"), are subject to intellectual property rights, including copyrights, trademarks and patents held by or granted to Fleexer.

Unless expressly provided in these conditions, no user or reproduction licence is granted to you regarding the content, and all intellectual property rights in that regard are expressly reserved.

Fleexer company names and logos used on its websites may be Fleexer trademarks (including registered trademarks) and may not be copied, imitated or used, in whole or in part. Other product or company names mentioned on this site may be trademarks of their respective owners and Fleexer has no control on the diffusion of those trademark.

We authorize you to download and print copies of the texts available on our site for non-commercial or internal use, but any copy or reproduction of such a document must display all copyright notices or other proprietary notices regarding the content and you may not modify the content in any manner.

We authorize you to download and print copies of the photos of FLeexer officers (in high definition), the photo of our head office and photos of events solely for the purpose of illustrating the related press release and for the exclusive use of the print and electronic media.

Any other use of information posted on the site is strictly prohibited. You may not print or copy the HTML code or any other computer program that is viewable on the site.

No right, title or interest in any information or software downloaded is transferred as the result of any such download or copy. Except as aforementioned, you may not reproduce, publish, transmit, distribute, execute, post, modify or create any works derived from the content or the site, in whole or in part, or sell or participate in the sale of the content or the site, in whole or in part, or use in any manner whatsoever the content or the site, in whole or in part.

The service srovider grants users the non-exclusive right to use the site's services for the term of validity under the condition that users agree to the terms herein. Users' activity on the platform does not grant them any ownership of the services or content they have access to through www.fleexer.com.

By uploading content on Fleexer, users acknowledge that they grant the company a non-exclusive, royalty-free (with a right to sublicense), worldwide license to display such content (even for content subject to Intellectual Property) - unless specified otherwise. Users acknowledge that the site content solely belongs to the service provider which is the unique owner of the title and rights to the site and which is the only one to update and maintain it.

Other Intellectual Property

The content you post on the platform remains entirely in your possession. We don't own your intellectual property. Moreover, users are responsible for their content. Users grant Fleexer a non-exclusive, global, perpetual, transferrable right to access and use the information they filled out on the website.

Users are assumed to have ownership (or permission on content) of anything they communicate to the platform.

Fleexer will not be liable in any intellectual property, including but not limited to a copyright infringement case.

Protection of personal information

We place great importance on protecting the information that you provide to Fleexer from time to time. Fleexer recognizes that your personal information is confidential and undertakes to take all necessary security measure to ensure its protection.

Information provided when creating an account on Fleexer must be truthful and accurate. Users' good faith will be checked by the website editors. The company will suspend any account not delivering accurate information.

Fleexer is committed to provide the best possible support to Users in the preservation of their personal data. Users will never be asked to give out their passwords and usernames through unsolicited emails or text messages. However, Fleexer will not be considered liable in case an account gets violated/misappropriated. You may however access to Fleexer platform, without having to provide any personal information about yourself.

In the event that a lawsuit is undertaken by a user against others or by the company against a user, the company may provide their personal information for the benefit of the litigation in course but will inform the user in question.

For more information on the specific rules of Fleexer regarding the collection, retention, use and disclosure to third parties of your personal information, consult our privacy policy, which forms an integral part of these conditions.

Reliability of content

Fleexer undertakes to take all necessary measures to ensure that the content of this site is as reliable as possible. Nevertheless, the content may contain inaccuracies and typographical errors.

Fleexer makes no representation and gives no warranty regarding the availability, accuracy, completeness, relevance, or reliability of the content, services or information reproduced on this site or of the information that it receives or that you may receive as part of an on-line modification or creation and it assumes no liability in that respect. Fleexer reserves the right, in its absolute discretion, to correct any error or omission in this site.

THE CONTENT, SERVICES AND INFORMATION REPRODUCED ON THIS SITE ARE PROVIDED ON "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR ARISING FROM THE LAW OR COMMERCIAL USAGE TO THE EXTENT PERMITTED BY LAW.

Liability for Content

Fleexer will not tolerate abusive content from any user on the platform. This includes messages of harm, violence, discrimination, illegal acts, pornography, sexually abusive content and anything the company will regard as offensive to its community of users and to a larger extent, the public.

Users agree that any infringement of third parties' Intellectual property will not be allowed on the platform and will result in a suspension of the user's activity until the situation is resolved, if not a termination of the account without notice. Fleexer reserves the right to report any abuse of this kind to authorities. users will not display unauthorized commercial communications not publish/upload viruses with the intention to harm the platform and its community. Users may report to us any suspicion of copyright breach and/or offending content by contacting [email protected]

Fleexer may not, under any circumstances be held liable for any damage whatsoever that you may sustain in that regard.

Limitation of Liability

To the extent permitted by law, without restricting the aforementioned specific instances of limitation of liability, Fleexer may not under any circumstances be held liable to any person for any damage whatsoever that may be related, directly or indirectly, to this site, its content, the information and services offered thereon, including, without limiting the generality of the foregoing, their access, their use of or inability to use this site, any modification, any temporary or permanent interruption, any breach of these conditions of use, inaccuracy in the content or the loss of data or information, notwithstanding that Fleexer may have been advised of the possibility of such damages.

Fleexer will not be held responsible nor liable in case of a dispute between two registered users of the platform. No financial counterparty or damages of any kind can be demanded from the company. Users agree to waive any disposition from state, province or country specific laws that stipulate that Fleexer may be the object of a dispute in case disagreements between users arise. Users shall defend, hold harmless and indemnify Fleexer from any claims, liabilities (including legal costs), demands, damages and lawsuits that may be brought against us by a member of the community regarding claims, demands or lawsuits that intellectual property or any right belonging to a party has been infringed.

Links to third party sites and content

Users might come across third party websites links on the platform. They acknowledge that these sites are not under Fleexer's control and that we will not be held responsible for the content of such links. Users are responsible for the creation, storage and protection of the general data they provide to the website. Fleexer will not be the object of demands to retrieve data and/or lawsuits for wrongful storage of data.

To the extent applicable, Fleexer does not endorse, and is not liable for, the content and information on other sites made available to you via a hyperlink. Those other sites are governed by their own conditions and policies and you acknowledge that you bear all risks related to their use.

This site may, from time to time, present documents, data or information provided, posted or offered by third parties. Fleexer does not endorse and is not liable for such documents, data or information.

Fleexer may not under any circumstances be held liable to any person for any damage whatsoever regarding third party documents, data or information.

Users

Users agree to use the website with the sole purpose to benefit from services made available to them.

Registration

1. General

Services are offered to individuals of 13 years old and above. Terms and conditions exposed here must be agreed by prospective users. In order to access our services, registration is mandatory. Information provided throughout the process must be accurate and truthful.

If we learn that we have collected personal information from a child under age 13, we will remove that information as quickly as possible. If you believe that we might have any personal information from or about a child under 13, please contact us at [email protected].

Individuals wishing to create a offer on the platform need to register first as a user before creating their project page, skill offer page, organisation page, eligibility page and user page.

2. Process

The first step towards being a registered user consists in providing an email address as well as a password (alternatively one may sign up through social networks; Facebook or Linkedin). Users will then be asked to fill out information about their experiences, skills and interests. This information must be accurate and updated when necessary.

Once the signup process is done and confirmed, users may access their personal space through the login space on the homepage of the website.

3. Responsibilities

Users may not register to more than one account or using non-email services like Yopmail and more. The company reserves the right to deny registration, suspend or terminate an account, block access to services to anyone, for any reason and without liability.

Users have the responsibility for their accounts and preservation of their password. Fleexer will not be held responsible in case an account gets compromised by a third party. However, we are committed to support users in any way we can. Users may contact us by writing to [email protected].

Communication

1. General

Fleexer gives the possibility to its users to communicate to the community (through their project page or their skill offer page). One that wishes to get Feedback must be a registered user on www.fleexer.com and create a user page. communication inquiries will be posted to e-mail of the user. Equivalently, one that wishes to give communication must be a registered user. By using Fleexer communication user accepted to be contacted by e-mail. Fleexer never give user e-mail address by this type of communication. To stop receiving those type of communication you must right to [email protected] Fleexer will close the account and all entity will be remove (project, eligibility, Skill offer, community, organisation and communication).

By using mass mailing in the organisation account, Fleexer will not be held responsible for spamming or any other illicit use of such an activity. User is responsible for applying the laws and regulations of anti spamming use in their respective countries.

Answers content

Users understand that content they post (answer to a communication) must remain truthful, lawful and shall not offense in any way (discriminatory, sexually abusive content, messages of violence, and any other type of content Fleexer will regard as abusive will be deleted by the website editors without liability on the company's part.

Users represent, warrant and agree that they have not and will not contribute any content that:

a) infringes, violates or otherwise interferes with any copyright or trademark of another party.

b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it.

c) infringes any intellectual property right of another or the privacy or publicity rights of another.

d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party.

e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity.

f) contains other people's private or personally identifiable information without their express authorization and permission.

g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Fleexer reserves the right in its discretion to remove any content from the site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

However, the company will not be held responsible for the nature of content resulting from a communication. Abusive answers can be reported to us by contacting [email protected]. After investigation, we will undertake the necessary measures to cancel this answer and get clarification from users concerned by the report.

In addition, users acknowledge that answers provided are solely informational and shall not be a substitution to an advice from a professional expert (for instance for legal, medical and other technical fields). Regarding technical content; ethics and usages may not only vary from countries to countries but also change from time to time. Users shall take this into account when interpreting results of a particular communication. Fleexer, nor respondents, will not be held responsible for eventual future discrepancies due to geographical diversity and the course of time.

Governing Law

These Conditions are governed by and interpreted in accordance with the laws of the province of Québec and the applicable laws of Canada. Any dispute, disagreement or claim related to this site and its services must be submitted to and is subject to the exclusive jurisdiction of the courts of the Province of Québec.

Legal effect

To the extent applicable, every transaction conducted on-line using your password and your personal user name or other unique identifier constitutes your signature and has the same legal value and effect as if the transaction had been effected on paper and personally signed.

Declaration and undertakings of the user

As a user of the services, you agree to use them diligently and prudently, in compliance with these conditions of use and the applicable legislation.

1. Protection of the confidentiality of your password

To use certain services, you must choose a password that gives you secure access to such services. Maintaining the confidentiality of your password is essential to the protection and security of your personal information and your on-line transactions.

It is your responsibility to protect the confidentiality of your password and ensure that you are the only person using it. It is also your responsibility to take all necessary measures to ensure maximum security conditions when you use your password and to inform Fleexer immediately of any unauthorized use of that password at [email protected].

Fleexer may not, under any circumstances, be held liable for any unauthorized use of your password and for any damage whatsoever resulting from the failure to comply with any of the obligations set forth in this paragraph.

2. Prohibited access and fraudulent use

You agree to not enter or attempt to access areas reserved for Fleexer platform or to use or attempt to use any functions that you are not authorized to use.

General Obligations

You also agree not to do any of the following:

a) use this site in such a manner as to damage, disable, overload or compromise this site;

b) interfere with the security or otherwise abuse this site, or any service, system resource, server or network linked to this site or to affiliated sites or linked or accessible through these sites;

c) disturb or disrupt the use or enjoyment by others of this site or of affiliated or linked sites;

d) upload, post or otherwise transmit to this site a virus or other harmful or, disruptive or destructive file or computer program;

e) use robots, spiders or other automatic devices or manual processes to monitor or copy web pages or the content of this site, unless permitted to do so by robots.txt file and solely to index the site in search engines;

f) transmit junk mail, chain letters or any other type of unsolicited bulk e-mail;

g) attempt to obtain unauthorized access to this site or to restricted-access parts of the site;

h) post offensive content and/or inaccurate information, upload invalid documents;

i) use the website's data for commercial purposes or for any other purpose which is not in accordance with these Terms of Service;

j) copy the Website content and use its data for other services;

k) collect data from the website without consent;

l) use devices with the intent to harm the company and the activity on its platform;

m) infringe other users' copyright and trademarks;

n) give access to one's personal account to third parties without authorization;

o) fail to comply with the applicable law and to a larger extent, International Laws;

p) without the express authorization (written) of Fleexer, users will not transfer, assign or delegate their rights or obligations (including your account) under these terms of use to anyone.

Furthermore, you agree that you are solely liable for any actions and communications undertaken or transmitted to or for your account, and you agree to comply with all applicable laws regarding your use of or activities on this site.

Fleexer may not, under any circumstances, be held liable for any damage whatsoever that you may sustain in this respect.

Modifications

Fleexer reserves the right, at any time, to modify, interrupt the services, in whole or in part, temporarily or permanently, without notice.

Fleexer may not under any circumstances be held liable to any person for any damage whatsoever that may result from any modification or temporary or permanent interruption of services.

Entire Agreement

These conditions of use constitute the entire agreement between the user of services and Fleexer regarding the use of the services and content of this site and supersedes all prior agreements between you and Fleexer regarding the use of services.

Termination

Users may opt to terminate their Fleexer account anytime. The procedure is contact us by sending us an e-mail at [email protected]. Requests are usually processed within 30 days after we receive your e-mail. Termination of a user's account will be accompanied with a termination of all related pages (i.e. projects pages, organisation page, eligibility page, skill offer page, profile page created by the user, comments and contact posted by the user on other user)

Fleexer reserves the right to suspend and to a larger extent terminate any user's account:

1. that violates its terms of use

2. whose information cannot be verified

3. about which suspicions of illicit content and/or activity have been raised by the website editor or any third party. Such decision is entirely at the company's discretion. This will automatically prevent the user from using our services for an indefinite period of time (until final termination of the account or reinstatement in case of clarifications arising from the user)

Fleexer reserves the right to terminate, in whole or in part, the right of access to the services accessible through your password, and it may delete your password if there is reason to believe that you have not complied with these conditions of use.

Prior notice is not required to terminate your access to services pursuant to these conditions.

Fleexer may not under any circumstances be held liable to any person for any damage whatsoever that may result from termination of your access to the services.

Privacy Policy

Fleexer places the greatest importance on protecting the personal information that you provide to us from time to time. We recognize that your personal information is confidential and we are committed to taking the necessary security measures to ensure that it is protected in accordance with the applicable legislation.

By using this site in general or by identifying yourself with your password where required, you are agreeing to comply with this policy and the conditions of use as modified from time to time. If you refuse to comply, please do not use this site.

Personal information means any identifying information concerning a natural person.

What kind of information do we collect and for what purpose?

You can visit Fleexer site without providing any information about yourself. In such a case, our web server may only collect the IP address that you used when accessing our site. We use that information to determine the number of visits to the site, the average time spent on the site, the web pages viewed and to compile other user statistics and to measure the site's performance. With that information, we can facilitate navigation on the site, provide a better web experience, and if necessary, adapt our communications according to your navigation data respecting Fleexer site. We also use that information for service administration purposes and to provide certain general information to our service suppliers or mandataries, as required.

Thus, by using bits of data, commonly called "cookies", stored by your Internet browser on your computer's hard drive, we can also collect other information about your use of Fleexer site. Cookies allow us to recognize you when you access this site and move from one page to another. Fleexer also uses cookies to identify users who have shown a specific interest in certain pages of the site and to tailor its experience accordingly. No personal information is collected in such a situation. Fleexer may then display specific advertisements in the form of banners or proposition on other sites visited by the same users. You can configure your browser to notify you when you receive a cookie or to block cookies.

We only collect personal information that you provide voluntarily and that is necessary for the application and use of other sections of Fleexer website, such as:

a) Your name.

b) Your email address, is collected to provide communication between the users but this information isn’t show in to the communication process to provide confidentiality.

c) Your Facebook information if you are signing up via Facebook connect (This will authenticate your identity and link your Facebook profile information, such as your name and email address, to your Fleexer account. Services like Facebook connect give you the option to post information about your activities on this website to your profile page to share with others within your network).

d) Your LinkedIn information if you are signing up via LinkedIn login (This will authenticate your identity and link your Linked in profile information, such as your name and email address, to your Fleexer account.

e) You may provide your location.

f) You may provide your date of birth.

g) You may provide your gender.

The information is collected solely for the purpose of managing access to protected sections of our site, managing subscriptions to our mailing list, modifying subscription parameters, deleting a person's name from the mailing list, facilitating the communication of relevant information to users, communicating more effectively and enhancing user profile information. The personal information collected may not be used for any other purpose without your prior consent.

We may also collect personal Information from you as a result of your email communications with us or your posts which we may retain along with our responses.

Any personal information you Post as user content is available to the public without any expectation of privacy or confidentiality. Copies may remain viewable in cached and archived pages or if other users have copied or stored your user content even if you remove the user content. Your first name and location are publicly displayed in your profile page. To request removal of your personal information from these areas of the site, contact us using at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. The profile you create on our site will be publicly visible.

Who receives your personal information?

The personal information you provide is strictly confidential and is not disclosed to anyone except Fleexer employees, suppliers and mandataries and then only if they need that information to perform their duties or carry out their mandate or contract to ensure proper administration of our website and our on-line services. That information is not provided to any third party without your prior consent. However, Fleexer may use and disclose your personal information to the extent permitted by law.

How can you access and update your personal information?

Fleexer retains the personal information that is collected as long as necessary. You may access it at any time and change or delete it, by clicking on the section of the site entitled "profile".

How is your personal information protected?

We have implemented the necessary security measures to ensure that your personal information is protected, including encryption and authentication tools and other appropriate security methods. However, we cannot guarantee the integrity of e-mails when they are transmitted over the Internet via our site.

What happens if we change our privacy policy?

Fleexer reserves the right to change this policy at any time, without prior notice. If we make a change, we will update the site accordingly and post a notice on our home page with a link to the updated policy. Using this site, either by downloading or using a document after the notice has been posted, constitutes your acceptance of the changes.

Netiquette

Fleexer accepts feedback from the public and users of its websites. Some social platforms are available for this purpose.

We accept feedback that is constructive and related to Fleexer activities, provided that your use of social platforms respects the following netiquette rules:

1. Although all comments are automatically displayed on social platforms, they are nevertheless supervised by Fleexer who reserves the right to not publish, modify or remove any comment at its sole discretion.

In this context, the Fleexer may modify or remove:

a) Any accusation, whether true or false, made against a person or an organisation;

b) Any offensive, disrespectful, defamatory, obscene, injurious, threatening, aggressive, abusive or hurtful comment made against a person or an organisation. Included within this list are racist, hateful, xenophobic, sexist comments and those which denigrate ethnic origin, sexual orientation or religious affiliation;

c) Any solicitation or advertising aimed at promoting or supporting an enterprise, or an organisation;

d) Any incomprehensible or irrelevant comment;

e) Any junkmail or comment sent in bulk, because they hinder the free and open exchange of information;

f) Any comment with special characters (e.g., !!!!###***!) since it can be subject to different interpretations;

g) Any comment that refers to illegal activities or that encourages the practice of such or that violates any law, regulation or governmental order or that promotes false, misleading or illegal information or that promotes illegal conduct or incites violence.

2. Fleexer reserves the right to participate or intervene in any conversation if necessary. Responses provided to the questions of the Internet users by Fleexer are valid on the date of their publication. An Internet user cannot take into consideration a response given for a specific circumstance and apply it to a preceding circumstance or to new facts.

3. Constructive disagreements and debates may be considered as conversations, but no insulting or offensive comment shall be accepted.

4. Adding hyperlinks to other sites is permitted in published content provided that the necessary consents have been obtained. Fleexer shall not bear any liability for any content on such sites and reserves the right to remove any hyperlink.

5. Fleexer reserves the right to amend these regulations at any time without prior notice.

6. Fleexer believes that interaction on its social media platforms must be respectful and polite in addition to complying with its protection of personal information policy.

7. Fleexer has no obligation to remove comments that you publish on its site even if you have requested such removal. Fleexer reserves the right to archive these comments and they can be indexed by internet search engines. Fleexer therefore invites you to think carefully about your comments and the consequences of their use.





Updated: January 2018