1. Purpose
These GTU are intended to govern the use of the Platform, its Services, and Content by any User.
2. Access and Use Conditions
Access to the Platform, its Content, and Services is reserved for natural persons over 18 years old. For providing access to a minor, authorization from their legal representatives is required.
Users may only use the Services and Content provided on the Platform for their intended purposes as defined in these GTU, and notably are prohibited from using the Platform, including Services and Content, to promote a product, service, establishment, or generally for any advertising, promotional, or professional purpose.
The Platform’s Services and Content are for the personal use of Users.
The User acknowledges that they access a Platform with secure access methods. They agree not to disclose their authentication credentials to third parties.
The User acknowledges and accepts that all internet connection fees remain their exclusive responsibility.
The Company undertakes, except in cases of force majeure, to make its Services available 24/7, independently of maintenance operations. The Company is bound by an obligation of means. The Company reserves the right to interrupt, temporarily suspend, or modify without notice access to all or part of the Services for maintenance or any other reason, without such interruption giving rise to any obligation or compensation.
2.1. Warning: mandatory configuration
The User is informed that using the Application requires certain configurations as defined below: sufficient internet connection, a webcam, a microphone, speakers, and a computer.
2.2. Platform Registration
Access to the Platform and the various Services and Content is conditional upon the creation of a Personal Account. Creation is free and open to any User.
The User creates their Personal Account by filling out the identification form accessible from any internet-connected device.
Access to the Platform is only granted after a procedure ensuring acceptance of the GTUV.
Upon registration, Skiller users must connect using a two-factor authentication system (OTP SMS code). A code will be sent to their mobile phone at each login attempt.
The User is informed that they must also accept the Privacy and Data Protection Policy.
GENERAL WARNING: EVERY USER IMPLEMENTS UNDER THEIR RESPONSIBILITY ALL USEFUL AND RELEVANT SECURITY MEASURES NECESSARY TO PROTECT ACCESS TO THEIR PERSONAL ACCOUNT.
THE USER COMMITS TO PROVIDE, UNDER THEIR RESPONSIBILITY AND CONTROL, TRUE AND ACCURATE INFORMATION AND NOT TO IMPERSONATE A THIRD PARTY NOR TO MASK OR ALTER INFORMATION ABOUT THEMSELVES. OTHERWISE, THE COMPANY MAY REFUSE OR INTERRUPT ACCESS TO THE PLATFORM.
IF THE USER PROVIDES FALSE, INACCURATE, MISLEADING, INCOMPLETE, OR OUTDATED INFORMATION, THE COMPANY RESERVES THE RIGHT TO SUSPEND OR REFUSE ACCESS, WITHOUT NOTICE OR COMPENSATION, TEMPORARILY OR PERMANENTLY, TO ALL OR PART OF THE PLATFORM, ITS SERVICES, AND CONTENT.
DESPITE CARE IN PROCESSING INFORMATION, THE COMPANY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS CONCERNING INFORMATION PUBLISHED WITHIN THE PLATFORM’S SERVICES AND CONTENT.
2.3. Platform Login
Login to the personal Account of all Users relies on a reliable and secure authentication system. Each User has access to their personal Account. Upon creation of their personal Account, the User provides a unique and personal login and password to access the Platform. The password defined by the User must have at least 6 characters including at least 1 uppercase letter, 1 lowercase letter, and 1 special character. The password and login are required at each access to the Platform.
The User acknowledges that they are solely responsible for the use they make of their authentication elements.
User authentication within the framework of their access to the Platform irrefutably establishes the User's accountability for operations performed using their authentication elements, under the conditions defined in the 'Evidence Agreement' article of these Terms of Use.
In other words, any action performed by the User via their personal Account, using their authentication elements will be deemed to have been carried out by the User and under their exclusive responsibility.
In this regard, the User undertakes to keep their authentication elements secret, it being understood that the Company cannot be held responsible for any loss or damage occurring in case of breach of this obligation, any use of the aforementioned elements being made under the User's entire responsibility.
In case of loss or theft of their authentication elements, or suspicion of their use by an unauthorized third party, the User undertakes to inform the Company without delay, at the following email address: contact@Wooskill.com.
Furthermore, the User may, at any time, modify their password within the 'My Account' section accessible via their personal Account, particularly if they suspect use by an unauthorized third party of their passwords and/or login.
Moreover, the User will renew their password every six months from their first connection, in accordance with CNIL recommendations.
3. Presentation of the platform, services, and content
The Platform is a digital service space allowing Users to voluntarily access various Services:
- Online appointment booking service (3.1)
- Online coaching and training service (individual or group) (3.2)
- Masterclass service (3.3)
- Replay service (3.4)
- Training service (3.5)
- Program service (3.6)
- Instant messaging service to correspond instantly with the Skiller (3.7)
- Favorite offers feature (3.8)
- Promotional code issuance feature (3.9)
- Referral feature (3.10)
- Support service intended to provide technical assistance and help to Users (3.11)
Services are organized around the Platform through different sections and allow connection between Users and Skillers. Listing on the Platform is reserved only for Skillers who have contractually agreed to the Platform beforehand. Only they can be identified during a search. Users are informed that the profiles presented to them are ranked according to the following criteria:
- Offer creation date
- Number of views of the offer
- Number of transactions on the offer
- Skiller response time
- Skiller badges
- Number of reviews
- Review ratings
- Offer price
- Similarity between the words in the search and the words in the offer
3.1. Presentation of the online appointment booking service
The online appointment booking service consists of the possibility for the User to make an appointment online with a Skiller, according to their availability, in order to benefit, at the User's choice, from online coaching or training, or an in-person appointment.
At any time, the user can request additional information from the Skiller via instant messaging.
It is up to the User to search the Platform for the professional they wish to meet, then choose a time slot (day and time of the appointment) according to the availability offered by the Skiller.
Once validated, the appointment is recorded. The User has the choice to close the page and return to the Platform's home page.
The User agrees to receive electronic messages and/or SMS to obtain confirmation of their appointment, or to be informed of the cancellation of their appointment with a professional.
The Company and the Professional disclaim any responsibility in case of error in the entry of their contact details by the User making it impossible to send an electronic message or SMS confirmation or cancellation of an appointment.
The user can cancel a Service until the theoretical date and time of the appointment. In case the user has paid for their service via the online payment system made available by Wooskill, then they will be fully refunded the amount of the Service.
In case the user does not show up for the scheduled appointment with the Skiller for the completion of the Service, the Skiller is paid in full.
The user can cancel their appointment using the 'Cancel appointment' link located on the offer thumbnail in the 'Orders' section accessible from the dashboard.
The user acknowledges being informed that they exclusively assume all consequences of their non-attendance at an appointment.
In case a user does not show up for the appointment without having previously cancelled it, then the client will be liable for the full amount of the reserved service.
3.2. Presentation of the coaching and training service
The Service can be conducted individually or in groups, according to the modalities defined by the Skiller.
The User can choose the format that suits them best: a single session or a program of several sessions.
The Skiller commits to providing a quality service that meets the expectations expressed by the User.
3.3 Presentation of the masterclass service
For technical reasons, the number of users who can participate simultaneously in a Masterclass is limited to 250 participants.
The user is informed that there is a delay of a few seconds between the recording of the video stream by the skiller and its broadcast to clients.
During this service, the client can contact the Skiller through a 'CHAT' system.
3.4 Presentation of the replay service
The replay access service allows a User to view the recording of a video conference held on the platform. The decision to publish the replay as well as determining its price is up to the skiller. The Skiller can choose to offer the replay to Users who have purchased a slot for the video conference (coaching, course or masterclass).
Once online, the replay is available for sale for a duration defined by the skiller. The replay can be available without time limit on the platform. It is accessible on:
- the Skiller's profile page
- the corresponding offer page
When viewing the replay, the CHAT functionality is not accessible to the user.
3.5 Presentation of the training service
The training service offered by the company allows a User to follow a pre-recorded training made available on the platform. The trainings are composed of several modules which can be in video, text, image or quiz format. Once purchased, the user has access to them at any time and without time limit.
These programs are accessible from a Skiller's profile page in the 'my trainings' section.
3.7. Presentation of the program service
The Skiller sets a usage deadline for the program. Beyond this date, live sessions not booked will no longer be available for reservation by the User.
This date is communicated to the User at the time of payment for the program.
Live sessions included in the program are non-refundable if they are not booked before the deadline specified in the program.
3.3. Presentation of the secure messaging service
Users are reminded that exchanging personal information (phone number, email address, postal address) within this messaging service is strictly prohibited, in accordance with the privacy and data protection policy.
3.4. Favorite feature
From this section, the User can access all saved offers and consult them until their expiration.
3.5. Promotional code issuance feature
The discount amount is always expressed as a percentage and never as a fixed amount.
This discount is borne by the Skiller and only affects their remuneration. The commission charged by Wooskill on the transaction is always calculated on the amount requested by the Skiller in the offer.
Promotional codes are for one-time use per User.
Promotional codes must be entered on the payment page in the 'Do you have a promo code?' section. The corresponding discount will automatically apply to the Service price.
3.6. Referral feature
A new User registering under the usual conditions on the Platform after initially clicking on this link shared by the Skiller becomes the Skiller’s referral.
Thus, the referring Skiller earns a commission representing 5% of the referral Skiller’s revenue for 2 years from the referral’s registration date.
This commission is borne by Wooskill and does not affect the referral Skiller’s remuneration in any way.
The payment terms are the same as those presented in the General Terms of Service.
3.8. Presentation of the support service
This service is responsible for handling all requests from users and/or skillers concerning:
Requests for information on the general operation of the service
Requests for information on service billing
Management of commercial disputes
Technical assistance in using the services
The Support Service is available Monday to Friday from 09:30 to 18:00 by calling +33 1 76 31 06 78 or by email at contact@wooskill.com.
4. User communication
When posting questions and/or comments in the free contribution spaces of the Platform, the User agrees to publish content that complies with applicable legal and regulatory provisions.
In particular, the User is prohibited from:
- posting information contrary to public order or good morals;
- posting defamatory, abusive, harassing, or threatening remarks towards anyone, or violating others' rights;
- glorifying crimes against humanity, inciting racial hatred or pedophilia;
- creating a false identity or impersonating a third party;
- misusing the Platform’s chat box to conduct propaganda, proselytism, solicitation, or canvassing;
- publishing commercial, advertising, or propaganda content in favor of tobacco, alcohol, or any other regulated substance, product, or service;
- posting content infringing on third parties' personal rights;
- publishing information violating data protection laws that identify individuals without their consent, including last name, postal and/or email address, phone number, photo, audio or audiovisual recordings, or collecting and storing personal data relating to other Users;
- transmitting any message containing computer viruses or any other code, file, or program designed to interrupt, destroy, or limit the functionality of software, computers, or telecommunication tools.
WARNINGS:
THE USER IS INFORMED THAT WHEN POSTING QUESTIONS AND/OR COMMENTS IN THE FREE CONTRIBUTION SPACES OF THE PLATFORM, THEY DO SO UNDER THEIR SOLE AND ENTIRE RESPONSIBILITY, REGARDLESS OF THE NATURE, OBJECT, OR PURPOSE.
FURTHERMORE, USERS ACKNOWLEDGE THAT THIS FREE CONTRIBUTION SPACE ON THE PLATFORM IS NOT MODERATED.
HOWEVER, THE COMPANY MAY TAKE ACTION ON ANY REPORT FROM A USER, NOTIFIED IN ACCORDANCE WITH APPLICABLE LEGAL PROCEDURES, RELATING TO COMMENTS THAT VIOLATE THE ABOVE PROVISIONS OR THAT INFRINGE ON THIRD-PARTY RIGHTS.
FINALLY, REGARDING ALL FREE COMMENTS POSTED BY USERS, THE COMPANY ASSUMES SOLE RESPONSIBILITY AS A TECHNICAL INTERMEDIARY DEFINED IN ARTICLE 6 I 2 OF THE FRENCH LAW FOR TRUST IN THE DIGITAL ECONOMY FOR CONTENT FREELY PRODUCED BY USERS.
5. Obligations and responsibility
The User is responsible for their use of the Platform and, in particular, the information they access through it.
The Company is subject to an obligation of means regarding the provision of the Platform and the Services and Content provided.
The User acknowledges that the Company cannot be held liable for any material or immaterial damage, direct or indirect, regardless of cause (including damage caused by possible virus transmission, computer fraud, internet network limitations, or loss, deterioration, or alteration of files) nor for consequences resulting from:
The use of the Platform, its Services and features, and/or interpretation of its Content;
The inability to access the Platform, Services, and Content, except for direct damages resulting from gross or intentional fault;
The User remains fully and personally responsible for the use of the Services and Content on the Platform under common law. They agree to verify that the Platform, its Services, and Content meet their needs and acknowledge they make decisions based solely on the Services and Content, if applicable.
In general, Users agree to use the Platform:
In compliance with laws, regulations, and third-party rights, including intellectual and industrial property rights;
In a fair manner and according to its intended use.
Not to share any type of personal contact information.
Not to attempt to bypass the platform by contacting a Skiller through technical means outside the platform. Any attempt to circumvent may be sanctioned by the Platform. For sanctions-related claims, contact customer service.
Users must:
Fulfill their security obligations according to the “Security” article of these Terms of Use;
Use the Platform, its Services, and Content in compliance with the Terms of Use and applicable laws and regulations;
Not commercialize all or part of the Services or Content accessible via the Platform.
In case of breach of one or more provisions of these Terms of Use and/or the General Terms of Sale, the User’s access to the Platform may be unilaterally, automatically, and without notice suspended temporarily or permanently.
Skillers commit, within their area of expertise and qualifications, exclusive responsibility toward Users for the Services they provide via the Platform, based on, on one hand, information provided by Users and, on the other, on best practices.
The provision and invoicing of advisory Services are carried out under the sole responsibility of the Skillers, with payments collected through the online payment module provided to users via the Platform.
The Company cannot be held responsible for non-performance or poor performance of the Service delivered by the Professional and cannot be liable for any expenses incurred by the User in this context.
The use of online advisory Services by the Skiller does not exempt nor diminish their professional obligations and responsibility toward the User.
The User acknowledges that the provision of Services is exclusively subject to the independent judgment of the Skillers delivering the Services. Each professional is insured under Professional Civil Liability for the Services they provide via the Platform.
Under no circumstances shall the Company be held liable for services provided exclusively by the Skillers under their exclusive responsibility.
6. Force majeure
The Company’s liability cannot be engaged in cases of force majeure or events beyond its control, including but not limited to:
Interruption, suspension, reduction, or disruption of electricity, telephony, internet network, and/or telecommunications networks in general;
Interruption of telecommunications services by operators;
Telecommunications blockage by public authorities or third parties;
Intervention by public authorities or third parties on telecommunications equipment, installations, or networks;
Strikes, lockouts, storms, earthquakes, fires, floods, water damage, war, riots, insurrections, confiscation, terrorism, embargo, government blockage, government actions, regulations or restrictions, or any other event or circumstance beyond the Company’s reasonable control.
7. Security
In general, preserving the security of a personal Account requires Users to:
Respect security instructions, especially those related to defining and changing authentication elements;
Manage access properly, particularly by not using another User’s authentication details nor attempting to discover them;
Keep their authentication details strictly confidential and not disclose them to any third party regardless of their status or profession;
Notify the Company of any detected technical malfunction or anomaly, such as intrusions.
In particular, the User must take all appropriate measures to protect their own data and equipment from contamination by viruses or other attacks possibly transmitted via the Platform.
The User is informed that technical interventions on the Platform comply with regulatory provisions.
Users acknowledge the inherent risks of telecommunications use, including when secure access is implemented within the Platform, especially regarding:
Internet network unreliability;
No guarantee of continuous access to the Platform and its Content and Services;
No guaranteed performance, particularly due to virus propagation;
Any other technical constraints beyond the Company’s control and responsibility.
Under no circumstances shall the Company be held responsible for these risks and their harmful consequences to the User, regardless of extent.
Finally, the User is informed and acknowledges that all operations they perform within the Platform are logged.
8. Intellectual Property
The Company holds the intellectual and industrial property rights on the Platform, its Services, and Content.
Use of the Platform does not grant Users any ownership rights over the Platform, its Services, or Content.
8.1 Contents and Services
Any use, reproduction, copying, or distribution of all or part of the Platform’s content is only permitted for the exclusive purpose of personal and private information use; any reproduction or use of copies for other purposes is expressly prohibited.
All Content and Services of the Platform, including but not limited to, the domain name, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, as well as the site structure, navigation plan, design and organization of its sections, their current or future titles, are protected by intellectual property rights, owned or claimed by the Company, with authorization from rights holders, if applicable.
This Content and Services are exclusively intended for the personal information and use of the User who benefits from a private, non-collective, and non-exclusive right of use.
Unless expressly authorized in advance by the Company, all reproductions, representations, and uses by the User other than those mentioned above are prohibited, including notably:
Any adaptation, making available to the public on demand or not, distribution, rebroadcast in any form, networking, public communication, whether free or paid, of all or part of the works, performances, and all elements protected or susceptible to protection under intellectual property law reproduced on the Platform;
Any link, access, modification, addition, or deletion that affects the automated processing system of the online edition and alters the publication conditions or editorial policy.
Any breach of these obligations would constitute counterfeiting sanctioned by articles L. 335-2 and following of the Intellectual Property Code, an intentional fault liable to expose the User to civil and criminal prosecution.
8.2 Databases
In accordance with the provisions of law n° 98-536 of July 1, 1998, transposing into the Intellectual Property Code Directive 96/9/EC of March 11, 1996 concerning the protection of databases, the Company is the producer and owner of all or part of the databases, their structure and content, composing the Platform or produced as part of the implementation of the Services, subject to the rights held by its partners, if applicable.
By accessing the Platform, the User acknowledges that the data composing it or produced as part of the implementation of the Services are legally protected, and in accordance with the provisions of the aforementioned law of July 1, 1998, is prohibited from extracting, reusing, storing, reproducing, representing, or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part of the qualitatively or quantitatively substantial content of the databases on the Platform accessed, as well as from repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts, when such operations clearly exceed normal usage conditions.
The User grants the Company, free of charge, for the entire duration of legal copyright protection and worldwide, a license to use all their contributions (questions and comments) posted within the personal contribution spaces hosted on the Platform, for the purpose of:
reproduction in whole or in part on the Platform;
technical adaptation for integration into the Platform and online publication;
distribution and availability to Users through the Platform within the personal contribution spaces specifically provided for this purpose;
promotion of the Platform while respecting their anonymity.
In this regard, the registered User guarantees the Company that they hold the necessary rights and/or authorizations relating to copyright or other intellectual and/or industrial property rights possibly attached to their contributions;
That they have the prior written authorization of every identifiable natural person in their contributions, if applicable, for any use of their identifying data for dissemination within the Platform; generally, that the license granted hereunder and the contributions covered do not violate any current legal or regulatory provisions nor any proprietary rights belonging to third parties.
The User undertakes, if applicable, to indemnify the Company for any damage directly or indirectly related to the breach of this warranty.
8.3 Trademarks, Distinctive Signs, and Logos
Unless otherwise specified, all trademarks used on the Platform are the property of the Company or its partners, if applicable.
Without the Company's express and prior authorization, any reproduction (total or partial) and use of these trademarks, whether figurative or not, belonging to the Company and its Partners exposes the User to legal action.
9. Hyperlinks
9.1 From the Platform
The Company does not verify the contents of sites linked to the Platform and is in no way responsible for the content of sites linked through hyperlinks.
Their presence does not imply in any way that the Company endorses or validates their content or accepts any liability for the content or use of these third-party sites.
Links are provided strictly for informational purposes by the Company, without any qualification or certification process of the concerned sites.
Each User accesses third-party sites under their sole and entire responsibility, including when links are provided from the Platform.
9.2 To the Platform
Any implementation of a link to the Platform requires the express and prior authorization of the Company, which may be requested at the following email address: contact@Wooskill.com
10. Personal Data Protection
Personal data concerning the User (including civil status data, possibly relating to private life) are collected and processed within the framework of accessing and using the Platform, its Services, and Content.
Information and Consent NoticeIn this regard:
The Company acts as data controller for the management of Users, Services, and functionalities of the Platform;
Each Skiller is the data controller for user data under the Regulation for the Services they provide.
The User is informed that their administrative data collected and processed by the Controllers via the Platform are necessary for invoicing and for the use and provision of Services offered within the Platform and access to Content. Without these, the User cannot create a personal Account on the Platform made available by the Company nor benefit from the Services and Content.
In accordance with legal provisions, the processing of personal data collected relating to Users is based on Users' consent and acceptance of these Terms of Use.
At the time of activating their personal Account, the User expressly consents to the collection and processing of their personal data.
The User has the right to object to the hosting of their personal data by the host, which they may exercise by contacting (i) either directly the Professional who provided the Service, or (ii) at this address data@Wooskill.com.
In accordance with the Regulation, the User has the right to object to the hosting of their personal data by a third-party host, which they may exercise by contacting the Company at this address WOOSKILL-DPO, 25 rue Gambetta, 71000 Mâcon.
Information concerning Users is exclusively intended for:
Skillers chosen and authorized by the User;
Company personnel specifically authorized, strictly respecting their duties;
Personnel of technical providers specifically authorized, strictly respecting their duties, only for technical management of personal Accounts;
Persons authorized as third parties (relevant courts, arbitrators, mediators, relevant ministries...).
Furthermore, Users have access to certain nominative data concerning Skillers, for the purposes of implementing Services.
The Controller guarantees that the User’s personal data will not be transmitted to any unauthorized third party without their consent.
The User is informed that their personal data is kept for the entire duration of the contractual relationship with the Company. Beyond that, data are archived for 10 years and after archiving, only anonymous statistical data are kept.
These data may be subject to analysis and statistical studies, respecting the User’s anonymity, and after completing all required formalities with the CNIL when applicable.
Under the Regulation, each User has:
a right to access their personal data and request rectification;
a right to deletion of their personal data;
the right to communicate directives regarding the fate of their personal data after their death;
the right to request a limitation of processing;
a right to be forgotten and digital erasure;
the right to data portability.
Users also have:
a right to object;
the right to withdraw their consent at any time.
To exercise these rights, the User may contact, providing a copy of proof of identity:
The specific Company service responsible for handling rights requests, at the postal address WOOSKILL-DPO 2, 25 rue Gambetta, 71000 Mâcon or by email at support@Wooskill.com;
The Skiller who provided the Service;
The contact details of the Data Protection Officer appointed by the Company are WOOSKILL-DPO 2, 25 rue Gambetta, 71000 Mâcon. The User can contact them for any questions regarding their personal data.
The Company implements all security measures to guarantee the protection and security of User data, especially against unauthorized third-party access.
11. Cookies
The Platform is designed to be especially attentive to the needs of Users. In this regard, cookies are used.
A cookie is a small alphanumeric file deposited on the User’s computer terminal during connection to the Platform.
Cookies used on the Platform have the sole purpose of:
Improving navigation within the Platform to allow use of its various features, including identification and access to the personal Account;
Establishing usage statistics of the various elements composing the Platform (sections and contents visited, user paths, session date and time, etc.);
Accordingly, an information banner appears when the User connects to the Platform to inform them prior to the deposit of these cookies about:
The specific purposes of the cookies used;
Their right to access collected data;
The possibility to oppose the deposit of cookies for navigation analysis, and that continuing to browse constitutes agreement to the deposit of cookies on their terminal;
Methods to change settings (internal configuration, tracking opposition, or browser settings) concerning cookies used to access information already stored on their terminal, if applicable, or to disable them. Data protection policy
Through the banner, the User is invited to express consent regarding the deposit of cookies used to access information already stored on their terminal, if applicable.
The cookies deposited during use of the Platform do not allow personal identification of the User but record information related to navigation from their terminal within the Platform which the Company can read during subsequent visits by the User.
Collected information is for exclusive use by the Company or its technical providers and is never transferred to third parties.
12. Proof Convention - Electronic Signature
Computerized records kept in the Company’s IT systems shall be considered as evidence of communications and various transmissions of writings and electronic documents between Users and the Platform, Skillers, and the Company.
The User acknowledges and agrees that, after identification, any manifestation of will through the use of features offered within the Platform, and in particular the acceptance of the Terms of Use, constitutes an electronic signature within the meaning of the provisions of Articles 1366 et seq. of the Civil Code, and expresses consent by characterizing its proof.
In accordance with the provisions of Articles 1366 et seq. of the Civil Code, the implementation of an electronic signature, based on a reliable identification process ensuring its link with the act to which it is attached, is considered a valid signature and as evidence within the meaning of the aforementioned provisions.
The User may not contest the admissibility, validity, or probative value of the aforementioned electronic format or medium elements, on the basis of any legal provision specifying that certain documents must be written or signed to constitute evidence. Thus, the considered elements constitute evidence and, if produced as evidence by the Company in any contentious or other proceeding, shall be admissible, valid, and enforceable in the same way, under the same conditions, and with the same probative value as any document established, received, or kept in writing.
13. Modifications to the Terms of Use and Platform Updates
The Company reserves the right to modify these Terms of Use or the rules concerning the use of the Platform, its Services and Content at any time.
The Company also reserves the right to evolve the Platform, the Services, and the Content. Technical changes may occur without prior notice from the Company.
The User will be informed of the publication on the Platform of each new version of these Terms of Use and may be invited to accept them again.
In any case, continuing to use the Platform after any modification of the Terms of Use implies acceptance of the changes.
Finally, the Company reserves the right to suspend access to the Platform temporarily or permanently, without delay or compensation of any kind.
14. Termination of Personal Account
14.1. At the Company's Initiative
The Company reserves the right to terminate the User’s personal Account, without notice or compensation, in the event of:
Non-compliance by the User with one or more provisions of these Terms of Use and/or the General Terms and Conditions of Sale;
Fraudulent or abusive use of the Platform, its Services and Content;
Behavior detrimental to the image of the Company or the Platform;
Attempt to bypass the Platform;
Non-compliance with current legal and regulatory obligations.
Termination of the personal Account results in the deletion of all the User’s personal data, in compliance with the applicable legal provisions.
14.2. At the User's Initiative
The User may terminate their personal Account at any time by contacting the Company at the following address: support@Wooskill.com
Termination of the personal Account results in the deletion of all the User’s personal data, in compliance with the applicable legal provisions.
The User remains liable for all amounts due for Services used before termination.
15. Applicable Law and Jurisdiction
These Terms of Use are governed by French law.
In case of a dispute relating to the interpretation or execution of these Terms of Use, and failing an amicable agreement, the dispute will be submitted to French courts according to common law rules.
The User is informed that they may resort to a consumer mediator in case of dispute, in accordance with the provisions of the Consumer Code.
16. Contact
For any questions regarding these Terms of Use, the User may contact the Company:
By email: support@Wooskill.com
By phone: +33 1 76 31 06 78
By mail: WOOSKILL SAS, 200 BOULEVARD DE LA RÉSISTANCE, 71000 MÂCON
17. Final Provisions
If one or more provisions of these Terms of Use are held to be null or declared as such under a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect.
The fact that the Company does not invoke a breach by the User of any of the obligations referred to in these Terms of Use shall not be interpreted as a waiver to invoke any subsequent breach of the same obligation or any other obligation.
These Terms of Use constitute the entire agreement between the Parties. No general or specific condition may be added to these Terms of Use.
Preamble
The company WOOSKILL, a simplified joint-stock company with a single shareholder, registered with the Paris Trade and Companies Register under number 890 866 338, whose registered office is located at 200, BOULEVARD DE LA RÉSISTANCE, 71000 MÂCON (hereinafter “WOOSKILL” or “the Operator”) edits and operates the online platform accessible at the following address:
https://www.wooskill.com/ (hereinafter “the Platform”).
The Platform offers an intermediation service between independent workers or service providers (hereinafter “the Skillers”) and consumer or professional clients (hereinafter “the Clients”) for the provision of service deliveries (hereinafter “the Services”).
It is in this context that the Parties have come together so that the Skillers may offer their Services via the Platform.
IMPORTANTAny registration on the platform by the Skiller implies their unconditional acceptance of these general conditions of service.The Skiller acknowledges having received from the Operator all information and advice enabling them to fully understand the nature of the Services, to assess their suitability to their needs, and thus to sign the Contract knowingly.
Article 1: Definitions
The terms used below have the following meanings in this Contract:
- “Back-Office”: means the interface allowing the Skiller to access their personal space and complete their Profile. Access to the Back-Office is via their Credentials.
- “Blog”: means the space hosted on the Platform, mainly edited by the Operator, allowing the Skiller to write and submit editorial content for publication to the Operator.
- “Calendar”: means the tool available to the Skiller allowing them to enter all the time slots on which they offer their Services.
- “Skills”: means all the fields in which the Skiller has expertise.
- “General Terms of Use” or “GTU”: means the contractual conditions made available on the Platform homepage to regulate the use of the Platform by any User.
- “Contents”: means all information, texts, Blog articles, logos, brands, animations, drawings and models, photographs, data, hyperlinks, and generally all elements and content of the Skiller published on the Platform according to the methods, format, and conditions offered within the Services.
- “Contract”: means these General Conditions of Service and all their annexes, which govern the Services offered by the Operator to the Skillers.
- “Service Contract”: means the contract concluded between the Skiller and the Client governing the execution of the Services. The Skiller and the Client handle the conclusion of the Service Contract themselves.
- “Client”: means any natural or legal person accessing the Platform and placing an Order for a Service from a Skiller.
- “Credentials”: means the Skiller's email address and password necessary to access their Back-Office on the Platform.
- “Skiller”: refers to professional or consumer service providers whose Services are listed on the Platform.
- “Confidential Information”: means all financial, legal, technical, commercial, strategic information, as well as data, documents of any nature, drawings, concepts, manufacturing secrets, know-how, information systems, software, transmitted or made known to a Party under the Contract, regardless of the form and/or media used.
- “Parties”: means together the Operator and the Skiller.
- “Payment Service Provider” or “PSP”: means the company, holding a banking license, providing, through the Operator, payment services to Skillers to allow them to receive payments from Clients. The Operator’s Payment Service Provider is Stripe Payments Europe, Ltd., a company under Irish law, whose registered office is at The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland; authorized to operate within the European Economic Area as an electronic money institution licensed by the Central Bank of Ireland under number C187865.
- “Profile”: means the Skiller’s presentation sheet detailing notably all their Skills, educational and professional background, Reviews, ...
- “Services”: means all services offered by the Operator to the Skillers via the Platform.
- “Marketplace Service”: means the option for the Skiller to offer their Services on the Platform and to be automatically connected with a Client.
- “Billing Service”: means the service through which the Operator is authorized by the Skiller to automatically issue invoices in the name and on behalf of the latter, for each Service ordered via the Platform.
- “Commercial Supports”: means all communication materials of the Operator describing the various Services offered via the Platform.
- “Platform”: means the online platform accessible at https://www.wooskill.com/. The Platform includes all web pages, services, and features offered to Users.
- “User”: means any person who accesses and browses the Platform, whether they are Skiller, Client, or simple internet user.
Article 2: Contractual Documents
The Contract consists of the following contractual documents, listed by order of precedence:
- The current General Conditions of Service,
- The Annexes.
Article 3: Contract Modification
The Operator reserves the right to modify this Contract at any time. These modifications will be notified to the Skiller on a durable medium at least thirty (30) days before the changes come into effect. In the case of substantial changes, the following scenarios apply:
- Either the Skiller consents to these substantial modifications, in which case they will automatically come into effect on the date indicated in the notification,
- Or the Skiller refuses the substantial modifications, in which case they may terminate the Contract before the expiration of the notice period. This termination takes effect within fifteen (15) days following the receipt of the notification by the Skiller of their decision to terminate the contract.
Article 4: Purpose
This Contract aims to set the terms and conditions of the Skiller’s access to the Services as well as the respective rights and obligations of the Parties arising from the use of these Services.
This Contract, which excludes any subordination relationship, in no case confers on the Skiller the status of employee, agent, representative, or mandatary of the Operator. The Parties also declare that this Contract cannot be considered as constituting a legal entity or any form of legal entity, and that any form of “affectio societatis” is strictly excluded from their relations.
Article 5: Terms of Access to Services
5.1 Skiller Registration Procedures
To be listed on the Platform, the Skiller must notably:
- Accept this Contract;
- Provide and keep updated the information requested by the Operator;
- Provide all Content to be included in their Profile.
These General Conditions of Service come into effect subject to the Operator's acceptance of the Skiller’s registration.
In case of refusal of the Skiller’s registration by the Operator, the latter will inform the Skiller by email.
The Skiller will be able to benefit from the Services via their Dashboard accessible on the Platform.
In any case, to benefit from the Services, the Skiller undertakes to provide the Operator with a valid email address and a mobile phone number. The phone number provided by the Skiller may be used for two-factor authentication at certain steps during the use of the platform.
5.2 Skillers Selection Terms
As the Platform is dedicated to connecting Skillers with Clients for the provision of Services in sectors defined by the Operator, the Operator is committed to selecting Skillers who fit this positioning.
Thus, the Skiller who wishes to register on the Platform to benefit from the professional online intermediation service offered by the Operator acknowledges that only certain Skills corresponding to this quality and consistency requirement will be selected.
Furthermore, the Skiller acknowledges that Wooskill moderators will have the ability to temporarily deactivate or suspend the publication of one or more offers if the criteria are not met.
The Skiller must comply with the following points:
- Profile Photo (Acceptance Criteria)
- Face portrait
- Clear photo
- No text or mentions
- Relevant to context
- Individual photo
- Profile Presentation (Acceptance Criteria)
- Education provided
- Education relevant to the proposed service
- Description aligns with the title
- No Prohibited Mentions
- Clear and concise description
- Offer Description (Acceptance Criteria)
- Spelling quality
- Matches the title
- Contains no Prohibited Mentions
- Includes bullet points to highlight key aspects
- Objectives and/or benefits clearly described
- Intervention methodology is clear and impactful
Although free to choose their pricing policy, the Skiller is requested to offer prices consistent with those practiced in their category or traditional market.
Wooskill moderators assign badges based on investigations conducted during profile verification. The Skiller can contact customer service (Tel: +33 1 76 31 06 78) for instructions on how to obtain these badges.
Article 6: Services offered by Wooskill
6.1 Marketplace Service
6.1.1. Description
The Marketplace service allows the Skiller to be listed on the Platform, to present their Skills and the Services they could provide as well as the prices they charge in order to be connected with Clients.
The Operator undertakes to provide the Skiller with a software architecture enabling them to benefit from:
- A Dashboard;
- Computer interfaces allowing them to write their Profile and Service offers to list them on the Platform;
- All Platform functionalities;
- The possibility to offer their Services to Clients at home, remotely, or by video conference;
- Payment Services provided by the PSP.
From their Back-office, the Skiller will be able to benefit from all the functionalities described by the Operator on its different Commercial Supports.
Moreover, the Marketplace service includes the following Services:
- Provision of the Platform: provision of a license to use the Platform in accordance with article 13.2 of these terms;
- Support service: Assistance service dedicated to Skillers.
6.1.2. Connection to the Back-office
Access to the Services requires the opening of an account in the Back-office using Credentials.
The Skiller undertakes to keep their credentials strictly confidential, to take all measures to preserve their confidentiality, and to notify the Operator in case of unauthorized or fraudulent use of their Back-office or Credentials as soon as they become aware by any means. By express agreement between the Parties, any operation carried out using the Skiller's Credentials is deemed to originate from the Skiller, who alone assumes responsibility.
It is agreed between the Parties that any breach of this article may result in automatic suspension of access to the Back-office.
6.1.3 Profile Creation
The Skiller may directly upload the Content appearing on their Profile (presentation, Skills, prices, availabilities, etc.) from their Back-office.
If they wish, the Skiller also completes their Calendar by entering all time slots during which they are available to provide a Service or to schedule possible group sessions.
The Skiller is free to modify their Calendar at any time.
The Skiller remains solely responsible for providing all information made mandatory by law or current regulations.
According to these terms, the Operator will only be the host of this Content.
The Skiller undertakes to publish only truthful information on their Profile and to provide only Skills they actually possess. In particular, the Skiller commits to publishing only truthful and verifiable information regarding their educational background, professional experiences, and any qualifications or certifications.
Skillers also have the option to be recommended by other users such as colleagues, friends, or former clients with whom they have previously collaborated.
Evaluations and recommendations must reflect objective considerations and must not contain excessive or insulting elements under any circumstances. If this is the case, the Operator reserves the right to delete such evaluations.
6.1.4. Ranking
Profiles will be presented on the Platform according to the order defined in the Platform's General Terms of Use.
6.1.5. – Service Pricing
The price of Services is freely set by the Skiller, in compliance with applicable laws and regulations. The Skiller is responsible for the price indicated.
Prices are expressed in euros, all taxes included (TTC).
It is understood that the commission charged by the Operator to Clients according to article 10 of these terms and the Pricing Appendix is included in the price of Services offered to Clients on the Platform. The Operator adds the amount of its commission to the price expected by the Skiller. Thus, when setting their expected price, the Skiller is invited to anticipate the final price offered to Clients, which will include the commission charged by the Operator. A simulation tool allows the Skiller to see the final price of their Services as soon as they enter their price.
Furthermore, fees charged by the Operator to the Skiller as defined in article 10 of these GTC are not included in the price of Services sold to the Client on the Platform. Therefore, the Skiller must also anticipate, when setting their selling price, the amount of the commission due to the Operator according to article 10 of these terms.
6.1.6. Terms of Sale of Services
The provision of Services is governed by the Service Contract, which will be concluded between the Client and the Skiller.
The Skiller and the Client are responsible for concluding the Service Contract.
By accepting these General Terms of Service (GTS), the Skiller guarantees that these provisions fully comply with their commercial policy and that they undertake to comply with these GTS in the context of providing Services ordered via the Platform.
6.1.7. On the Service Ordering Process
The Skiller has a Back-office allowing them to manage their sold Services.
From the moment the Client places an order for a Service, the Operator informs the Skiller by email. The Client immediately receives an order confirmation with a summary.
In case of Skiller unavailability, they must cancel the ordered Service according to the process defined in article 6.1.8 below.
6.1.8. On Service Cancellation
The Skiller remains free to cancel a Service at any time. In this case, the Operator will fully refund the Client. However, the Skiller must inform the Client of this cancellation as soon as possible after the order, using the internal messaging system, as well as Wooskill's customer service at contact@wooskill.com so they can manage the full refund of the transaction.
The Skiller agrees not to exceed the maximum number of successive cancellations defined in the KPI Appendix.
For Services with appointments paid on the Platform, the Client may cancel the Service up to the theoretical date and time of the appointment; in this case, the Client is fully refunded;
If the Client does not show up at the scheduled appointment with the Skiller for the Service, the Skiller is paid in full.
6.1.9. On Payment of Services by the Client
The Client will be able to pay for Services by credit card (Visa, MasterCard, American Express) or via their Paypal, Apple Pay, or Google Pay account.
6.1.10. On the Quality of Service Provided by the Skiller
It is understood that the Service provision contract (the Service Contract) is concluded only between the Skiller and the Client. The Operator, acting as an intermediary, is third party to this contract and therefore cannot be held responsible for monitoring and execution of the Service by the Skiller.
The Skiller agrees to execute the Services respecting the quality criteria expected from them and corresponding to the state of the art in their field of Competence.
After each Service, the Client will be invited to evaluate the quality of the performance provided by their Skiller.
6.2 Payment Services
Payment services are provided by the PSP and allow the Skiller to receive payments from Clients.
The Skiller agrees to comply with the PSP's terms of use defined in the corresponding annex.
Article 7: Additional Services
7.1 Billing Service
The Skiller entrusts the Operator to invoice the Client in their name and on their behalf for the provision of Services.
The implementation modalities of this service are detailed in Annex 4 – Billing Mandate.
7.2 Blog Service
The Operator offers a Blog on the Platform where editorial content is created and published.
The Skiller may propose any editorial content they wish to have published on the Blog to the Operator.
The Operator will conduct a prior review of the content written by the Skiller and decide whether to publish the content submitted.
Article 8: Client Reviews
The Skiller is informed that the Client may evaluate the quality of the service performed by the Skiller.
The Skiller has the right to respond to Client reviews left on their Services. To exercise this right, the Skiller must reply to the Client review within 24 hours after being notified of the publication of said review.
Client reviews and their management by the Operator are governed by the Terms of Use.
Occasionally, the platform may write a limited number of reviews about a Skiller. These reviews appear on the concerned Skiller's Profile page as well as on their offer pages. This is done solely in the interest of the Skiller to highlight their Profile on the Platform. The Skiller may object by notifying the support service.
Article 9: Disputes / Conflicts Between the Skiller and the Client
By using the Platform to sell their Services, the Skiller acknowledges that they also commit the Operator's brand image. The Skiller therefore acknowledges that their actions, which do not comply with all the obligations stipulated in this Agreement, may have a prejudicial effect on the Operator.
It is reminded that any Client may contact the Operator's customer service to file a complaint about a Skiller. Within forty-eight (48) business hours, the Operator decides whether an immediate refund to the Client should be made. In the case of proven Client dissatisfaction, the Operator may request the Skiller to refund the Client for the service.
At the same time, the Operator will contact the Skiller and attempt to mediate between the Client and the Skiller. The latter must respond to the Operator within the timeframe specified in Annex KPI.
The Operator commits to a “Satisfied or Refunded” policy for its clients: by validating their registration, the Skiller agrees to this commitment. Accordingly, they will be ready to forgo their remuneration if the client expresses dissatisfaction and after investigation by the moderator team, Wooskill confirms the validity of the refund request.
Concerned about the Platform’s image, the Operator nevertheless invites the Skiller to make their best efforts to resolve any dispute with the Client.
The Skiller expressly authorizes the Operator to intervene amicably as mediator between the Skiller and the Client.
Article 10: Financial Terms
10.1 Service Billing
Subscription to the Marketplace Service entails financial terms detailed in Annex 2. Services provided by Wooskill incur service fees and banking fees which are added to the price requested by the Skiller.
10.2 Skiller Payment
The Skiller will be paid by the Operator as soon as a Service sale is considered final.
A sale is considered final once the Client confirms satisfactory completion of the Service by the Skiller, and at the latest 48 hours after the end of the service.
10.2.1 Case of Live Sessions, Trainings, and Replays
A sale is considered final once the Client confirms satisfactory completion of the Service by the Skiller, and at the latest 48 hours after the end of the service.
10.2.2 Case of Programs
The Program is a set of services to be performed over a certain period. Each element (live sessions, replays, training) of the program is assigned a value defined by the formula: Total price / Number of Program elements. The result of this calculation gives a value rounded to 2 decimal places. If not, the value of the first element is adjusted to ensure each element has a 2-decimal value.
To ensure proper delivery of the Program services by the Skiller, payment is made progressively as sessions are completed. The amount paid by the User for the Program purchase is held via our banking partner Stripe until each service is properly performed.
Therefore, payment to the Skiller occurs in several installments. For Training and Replay elements, the sale is deemed final at the time of program purchase. Payment for these elements is made within 48 hours.
Regarding live sessions, their sale is final upon Client confirmation of satisfactory service completion. Payment is then made within 48 hours.
Each payment corresponding to the completion of a program element triggers the issuance of an invoice to the Skiller.
If the Client has not booked all services to which the Program entitled them by the usage deadline, amounts paid are non-refundable. A percentage of the sums related to these unused services is distributed to the Skiller within 48 hours.
Article 11: Operator’s Obligations
The Operator undertakes to perform the services in compliance with applicable rules regarding the subject of the Agreement, such as industry standards, European norms, laws, decrees, orders, and national, local, or professional legislative, regulatory, or administrative texts.
It is expressly agreed between the Parties that the Operator, including in the context of optional services, is subject to a general obligation of means and is not bound by any obligation of result or enhanced means of any kind.
11.1 Hosting - Availability
The Operator commits to making all efforts to keep the Platform accessible 24/7, except in cases of force majeure or events beyond the Operator’s control, and subject to possible breakdowns or maintenance interventions necessary for the Platform’s proper functioning.
However, the Operator cannot be held responsible for disruptions, outages, and anomalies not caused by it that may affect, for example, transmissions via the Internet network or, more generally, communication networks, regardless of their severity or duration.
Furthermore, the Operator reserves the right to temporarily interrupt access to the Platform or suspend all or part of the Services for maintenance reasons, to improve and install new features, to audit proper functioning, or in case of malfunction or threat of malfunction.
11.2 Maintenance
11.2.1 Corrective Maintenance
The Operator undertakes to make every effort to implement technical corrections to the Platform concerning any functional anomalies and/or compliance issues relative to applicable security standards.
To this end, anomalies are categorized based on the nature of observed malfunctions:
- The Operator commits to fixing any blocking anomaly or implementing a workaround as soon as possible.
- "Blocking anomaly" means a malfunction preventing the use of all or part of the Platform's essential features.
- "Non-blocking anomaly" means any other malfunction than those defined as blocking anomalies, especially those that prevent normal use of non-essential features or that can be circumvented.
The Operator provides Skillers with a support service accessible at +33 1 76 31 06 78 during business hours from 9 am to 6 pm, or by email at contact@wooskill.com Monday to Friday.
11.2.2 Platform Evolutions
The Operator reserves the right to evolve the Platform and Services offered, notably for technical, functional, or commercial reasons.
These changes will be notified to Skillers under the conditions provided in Article 3 of these Terms.
11.3 Security
The Operator commits to doing everything possible to:
- Ensure logical and physical security of its information systems;
- Minimize the risk of a security breach;
The Operator thus undertakes to protect the Content provided by the Skiller and to optimize the conditions for selling the Services through the Platform.
11.4 Data Retention
The Operator complies with the legal data retention periods for the Skiller's data. Pursuant to Article L. 123-22 of the Commercial Code, the Skiller’s data will be retained for ten (10) years for evidence purposes and five (5) years to prove the existence of the Contract under Article 2224 of the Civil Code.
In the event of termination of the Contract, the methods for deleting Content are detailed in Article 16.3. of these terms.
11.5 Financial Transparency
In accordance with Articles 171 AX and 242 bis of the General Tax Code, the Operator informs the Skiller that it is required to comply with its fiscal and social obligations related to its activity and transactions carried out on the Platform.
Accordingly, the Operator will provide:
- On each transaction, fair, clear, and transparent information on the fiscal and social obligations incumbent on Skillers who conduct commercial transactions through it. The Operator is also required to provide an electronic link to the administrations' websites allowing compliance with these obligations, where applicable.
- In January of each year, a summary to each Skiller of the transactions conducted during the previous year, as well as the total turnover generated by the Skiller through the Platform.
The Skiller is informed that the Operator may be required to communicate to the Tax Administration information on its activity on the Platform, such as the following:
- The number and total gross amount of transactions made with each Skiller during the previous calendar year;
- If known by the Operator, the bank account details where the income is paid.
The turnover generated through the Platform must necessarily be declared to the competent tax administration in the same way as income generated by the Skiller from its usual professional activity. Thus, the Skiller remains solely responsible for its declaration obligations regarding VAT, including in the case of cross-border transactions.
Article 12.: Obligations of the Skiller
The Skiller’s attention is particularly drawn to the fact that compliance with the KPIs (Annex KPI), which serves the common interest of the Parties, is an essential condition for the Operator’s consent and thus forms a fundamental obligation of the Contract.
In addition to the obligations detailed in these General Conditions, the Skiller also undertakes to nurture its relationship with the Client. In this respect, the Skiller agrees to adopt courteous and respectful communication with Clients and to respond within the timeframe set out in the Annex – KPI.
As a publisher within the meaning of French regulations and case law, the Skiller alone is responsible for the Content published on its Profile. Accordingly, it is solely responsible for any dispute and any legal proceedings related to its data. Under no circumstances may the Operator be held liable in case of third-party rights violations or, for example, errors or omissions.
If applicable, the Skiller also acknowledges holding all necessary authorizations to conduct its activity.
To allow the Operator to perform its Services under the best conditions, the Skiller undertakes to:
- Comply with the Annex “KPI” of these terms defining the quality commitments of the Skiller towards the Platform;
- Ensure the maintenance of all necessary authorizations to provide the Services;
- Regularly connect to its Dashboard to update its information and availability if using the online Calendar provided;
- Provide all documents and information in its possession useful for performing the Services and keep them up to date;
- Guarantee the quality and professionalism of any content published on the Platform: photos, presentation, methodology, etc.
In any case, each Skiller is obliged to:
- Respect the privacy of third parties and the confidentiality of communications with the Operator,
- Comply with all applicable laws and regulations governing, in particular, internet communication (including but not limited to the Digital Republic Law of October 7, 2016, Macron Law of August 25, 2015, Hamon Law of March 17, 2014, the Confidence in the Digital Economy Law of June 21, 2004) and/or rules that may prevent, limit, or regulate the dissemination of information or data, including but not limited to compliance with the Data Protection Act of January 6, 1978, as amended by the law of June 20, 2018, the GDPR, codes of conduct, Netiquette, best practices as established for example by the CNIL (French Data Protection Authority / www.cnil.fr), SNCD (National Direct Communication Syndicate / www.sncd.org), Internet Service Providers, privacy protection, respect for property rights. This obligation extends to compliance with the standards in force in each country targeted by the Skiller.
- Respect the Operator’s database producer quality by not making substantial extraction of the Platform’s content.
- Not disseminate any false information concerning its quality, skills, experience, or concerning the proposed service, the services provided, the platform, or the operator. This list is not exhaustive.
Furthermore, it is forbidden to:
- Contact Clients directly to sell Services outside of the Platform. Any attempt to circumvent the platform may be sanctioned by the Operator. Sanctions may include account suspension and downgrading of the Skiller’s offers. In case of repeat offenses, the deletion of the Skiller’s account may be decided by the Platform. For any complaints regarding these sanctions, contact support;
- Share personal contact details (email address, phone number, others) on the platform in any manner,
- Disseminate any content, data, information contrary to good morals or public order. In particular, not use the Platform for political purposes, pornography, or incitement to hatred,
- Misuse the Platform’s purpose to commit crimes, offenses, or violations punishable by the Penal Code or any other law,
- Attempt to harm the automated data processing systems implemented for the exploitation of the Platform as defined in Articles 323-1 and following of the Penal Code,
- Violate or attempt to violate the security or integrity of the Platform, disseminate any misleading information, use information for illicit purposes, publish defamatory content
Article 13: Intellectual Property
13.1 Operator's Intellectual Property
The Skiller retains ownership of all intellectual property rights attached to the Content they publish on the Platform.
However, the Skiller grants the Operator a non-exclusive, worldwide, royalty-free, assignable and transferable license to use, reproduce, adapt, modify, publish, translate, create derivative works, distribute, perform and publicly display such Content in connection with the operation of the Platform and Services offered by the Operator.
The Skiller guarantees the Operator against any claim or infringement action by third parties arising from the use of Content by the Operator in accordance with the terms of this Contract.
The Skiller also guarantees that the Content they publish on the Platform does not infringe third party rights, in particular intellectual property rights (copyrights, trademarks, patents, designs and models, etc.), image rights or privacy rights.
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever;
- The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the database content, in whatever form;
- The reproduction, extraction or reuse, by any means, including methods similar to scrapping of content (photographs, description, etc.) published by the Operator.
13.2 Platform Usage License
It is specified that this license is non-exclusive, non-transferable and cannot be considered as a transfer of ownership of any kind in favor of the Skiller. The latter therefore prohibits themselves from assigning, exchanging, lending, renting or granting to a third party, even free of charge, any usage right conferred by this Contract.
This license is granted worldwide, for the entire duration of this Contract, in consideration of the amounts agreed in article 10 hereof.
Furthermore, it is recalled that any use not in accordance with the license is liable to legal proceedings.
13.3 Skiller's Obligations
The Skiller declares that said Content does not in any way infringe third party rights, in particular that it does not constitute counterfeiting or an act of unfair or parasitic competition of a pre-existing work and that it does not in any way infringe third party intellectual property rights.
For the execution of this Contract, the Skiller grants a free and non-exclusive license to the Operator, to use, reproduce, represent, adapt and make available to the public said Content including creations protected by copyright as well as all distinctive signs visible for the execution of this Contract and any associated contract. This license will be valid for the entire duration of this Contract and worldwide.
More particularly, the Skiller wishing to publish an article on the Blog and whose article would be accepted by the Operator grants free of charge to the Operator, worldwide and for the duration of intellectual property rights a license to use and represent their article, expressly authorizing them to:
- Reproduce all or part of their Content on the Platform and/or its social networks;
- Represent and broadcast the Content on the Platform and/or the Operator's social networks;
- Adapt or translate the Content, particularly to adapt its form to the Platform and/or the Operator's social networks.
This license does not carry any sub-licensing right to a third party. However, the Operator cannot be held responsible for copying of Content by any internet user browsing the Platform who would violate its General Terms of Use.
Similarly, the Skiller hereby consents to the use by the Platform of any content element (photo, description, offer, ...) allowing among other things to advertise around this skiller and their offers with a view to acquiring notoriety or clients.
Article 14: Data Processing
14.1 Concerning processing performed by the Operator
In the context of Services, the Operator is data controller as it collects and processes personal data, particularly during Skiller registration.
This data is processed only for:
- Administering the Platform;
- Being able to provide the Skiller with Services;
- Putting the Skiller in contact with the Client;
- Establishing (anonymous and aggregated) Platform traffic statistics;
All Skiller data will be processed in accordance with these purposes.
The Skiller's personal data is kept for the entire duration of the Contract then for an additional period of three (3) years from the end of the business relationship, and is intended for the Operator as well as all service providers associated with Platform operation.
The Skiller benefits in particular from the following rights:
- Rights of access, rectification, updating, portability and erasure of information concerning them, as well as a right to limitation of processing in accordance with articles 49, 50, 51, 53 and 55 of the Data Protection Act and provisions of articles 15, 16, 17 and 18 of GDPR;
- Right to object for legitimate reasons in accordance with provisions of article 56 of the Data Protection Act and article 21 of GDPR;
- Right to define the fate of their data after death, and choose whether or not to communicate their data to the Operator, to a third party who has been previously designated. In case of death and in the absence of instructions from the Skiller, the Operator undertakes to destroy their data, unless conservation proves necessary for evidentiary purposes or to meet a legal obligation.
The Skiller can exercise their rights by contacting the Operator by email at:
The Skiller also has the possibility to file a complaint with control authorities and in particular the
CNIL 14.2 Concerning processing performed by the Skiller
The Skiller will be responsible for processing personal data of Clients who place a Service Order via the Platform.
The purpose of this processing is the provision of Services.
For this processing, the Operator may act on Skiller instructions as a processor (particularly in case of mediation).
It is therefore expressly agreed between the Parties that the Skiller, as data controller, will use all means at their disposal to ensure security and confidentiality of personal data entrusted to them.
Article 15: Liability
15.1 – General Principles
- Related to the very execution of the Service Contract concluded between the Skiller and the Client;
- In case of force majeure as defined by applicable jurisprudence;
- In case of Service or Platform unavailability attributable to a third party;
- In case of Service or Platform unavailability linked to a maintenance action
- In case of Skiller payment default;
- In case of violation of these terms;
The Skiller hereby acknowledges that the Operator's liability cannot be engaged in case of malfunctions or interruptions of transmission networks or computer equipment of the Skiller or Platform User. The Operator thus disclaims all liability in case of data loss, intrusions, viruses, service interruption or other problems foreign to the Operator but will implement the best solutions to prevent this from happening.
Except in the event that the Skiller would have subscribed to a dedicated Optional Service, the Operator is in no way responsible to the Skiller for poor positioning of their Profile on the Platform. Profile referencing conditions are detailed in the Platform's General Terms of Use.
In no case can the Operator's liability be sought, whatever the type of action initiated, for any indirect damage of any kind for example, and without the list being exhaustive, any financial or commercial prejudice, loss of profit, commercial disruption, loss of earnings, third party prejudice, or action initiated by a third party against the Skiller as well as their consequences, related to these terms or their execution. The Skiller is solely responsible for any direct or indirect, material or immaterial damage caused by themselves or one of their agents to the Operator or third parties due to their use of Services.
In any case, it is expressly agreed between the Parties that if the Operator's liability were to be retained in the framework of execution of this Contract, it would be limited to all direct damages and all claims combined, to amounts paid by the Skiller to the Operator (as payment for Services) during the last month.
The Parties expressly agree that the Operator may call upon external service providers to execute all or part of the Services. In any case, the Operator will remain the sole contact for the Skiller in case of calling upon subcontractors and will only engage their liability if it is demonstrated that they committed a serious fault or that the external service provider did not respect the guarantees and service level proposed. The liability ceiling provided in the preceding paragraph will also apply in this case.
It is expressly agreed between the Parties that stipulations of this clause will continue to apply even in case of resolution of these terms established by a final court decision.
15.2 On the Operator's liability as simple host
The Skiller acknowledges by this Contract that the Operator has the quality of host of their Content.
As such, the Operator reserves the possibility to remove any content published by Skillers that has been reported to them or that they consider manifestly illicit within the meaning of article 6 I 2° of the law of June 21, 2004 for confidence in the digital economy called LCEN, and may suspend execution of Services under conditions provided below.
Thus, in no way can the Operator be held responsible in case of copying, counterfeiting, imitation and generally any reproduction and representation of all or part of data and Content published by the Skiller. As such, the Skiller guarantees the Operator against all recourse or actions that any third party could form for any reason whatsoever.
15.3 On the Skiller's liability as publisher of their Profile
The Skiller is solely responsible for commitments they make to Platform Users, particularly in the context of selling their Services to Clients. In case of dispute, Users will be invited to contact the Skiller directly.
Article 16: Contract Duration - Termination
16.1 Duration
These General Terms of Use are recognized as accepted as soon as the Skiller checks the box provided for this purpose during the registration phase. The contract is concluded for an indefinite period and at minimum for the entire period where the skiller maintains at least one Profile on the platform.
16.2 Suspension and termination scenarios
I. Suspension
In case of continuous violation of these provisions, the 'KPI' annex or laws and regulations in force, as well as lack of cooperation and/or in case of disloyalty, if there is urgency to stop the observed actions, the Operator may suspend the Skiller's registration as of right, without compensation in favor of the Skiller.
The Operator may also take the Skiller's Profile offline if they judge it possible for the Skiller to regularize their situation and correct identified shortcomings as soon as possible, upon warning by a Wooskill team member. If the Operator notes satisfactory correction of concerned shortcomings and judges these corrections satisfactory, they may reactivate the Skiller's Profile on the Platform.
II. Termination for fault
The Skiller will have the possibility to terminate this Contract at any time, without having to provide justification or respect notice, subject to honoring all their Service orders in progress.
To terminate this Contract, the Skiller must proceed with their unsubscription in accordance with methods detailed in the GTU.
III. Termination for convenience
The Skiller will have the possibility to terminate this Contract at any time, without having to provide justification or respect notice, subject to honoring all their Service orders in progress.
To terminate this Contract, the Skiller must proceed with their unsubscription in accordance with methods detailed in the GTU.
The Operator may also terminate this Contract for convenience upon identification of a major gap compared to ethics rules and previously cited commitments, to protect its users and image. In this case, they will address, by sending an email to the Skiller subject to respect of three (3) months notice.
16.3 Consequences of termination
Any termination, resolution or cancellation of the Contract automatically results in delisting of the Skiller's Profile, as well as cancellation of access to different Services offered to the Skiller.
If, at the time of termination, the Skiller is already engaged with one or more Client(s) for realization of one or more Service, this one or these may be cancelled by the Operator and the Client will be fully refunded.
The Operator reserves the right to refer to the Skiller any complaint initiated by a Client concerning one of their Services ordered via the Platform
The Intellectual Property, Confidentiality and Data Protection articles will remain in force in case of termination of these terms for an additional period of two (2) years except express stipulation or contrary legislative or regulatory provision.
Article 17: Assistance – Skiller Support
Any Skiller can contact the Operator by dialing +33 1 76 31 06 78, during business hours from 9am to 6pm, or by writing by email to contact@wooskil.com Monday to Friday.
Any Skiller may file a complaint with the Operator concerning:
- A presumed breach by the Operator that affects the Skiller's ability to file a complaint;
- Technological issues directly related to providing online intermediation services that would affect the Skiller;
- Measures taken by the Operator or their behavior directly related to providing online intermediation services that would affect the Skiller.
Article 18: Confidentiality
Each Party undertakes to use Confidential Information, directly or indirectly, in whole or in part, only for strict execution of this Contract.
Any unfounded disclosure may engage the liability of its author, regardless of the cause of disclosure.
Confidentiality obligations stipulated by this clause do not apply to all or any part of Confidential Information insofar as:
- (a) They were legally held by the receiving party before their disclosure;
- (b) They were legally disclosed to the receiving party by a third party without disclosure restriction;
- (c) They are subject to a legal disclosure obligation by any competent court, authority or administration.
This confidentiality clause will be maintained upon Contract expiration, then for a period of 2 years or until Confidential Information enters the public domain other than by infringement by the receiving party.
Article 19: General Provisions - Independence
If any stipulation of the Contract were to be null in view of a legislative or regulatory provision in force and/or a court decision having authority of res judicata, it will be deemed unwritten but will not affect the validity of other clauses which will remain fully applicable.
Each Party is independent from the other, whether from a legal or financial point of view. Thus each Party acts in their own name and under their sole responsibility.
None of the Parties may be considered as the representative of the other and may not act or commit on behalf of the other.
This Contract excludes any subordination link or intention to create a de facto company between the Parties.
Article 20: Applicable Law – Competent Jurisdiction
This Contract, its execution and interpretation are exclusively subject to French law.
The Parties will endeavor to settle amicably any dispute arising between them regarding interpretation, execution or termination of this Contract.
IN THE ABSENCE OF AMICABLE AGREEMENT WITHIN ONE (1) MONTH FROM REFERRAL BY ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COURTS OF THE PARIS COURT OF APPEAL JURISDICTION TO WHICH EXPRESS ATTRIBUTION OF COMPETENCE IS MADE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS, INCLUDING FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES, IN SUMMARY PROCEEDINGS OR BY REQUEST.
ANNEX 1 – KEY PERFORMANCE INDICATOR
The Skiller commits to meeting the following performance indicators to avoid damaging the image of the Operator’s and Platform’s brands:
- Average Skiller rating : above 3 stars out of 5
- Incident rate : less than or equal to 8%
- Refund rate : less than or equal to 8%
- Number of consecutive cancelled orders : maximum 2 consecutive cancellations, and less than 10% cancellations per quarter
- Response time to the Operator following a Client complaint : 48 hours from notification.
- Time from which the Operator is mandated to act as mediator between Skiller and Client : upon Client request.
- Inactivity period (absence of connection or profile/offers update) : less than 6 consecutive months
ANNEX 2 – PRICING CONDITIONS
A. Skiller Subscriptions
The Skiller must subscribe to a subscription plan (Essential, Premium, Expert, or any current formula), according to monthly or annual rates indicated on the official page:
The subscription provides access to Platform features (Dashboard, management tools, video, messaging, visibility, support, etc.), according to the chosen formula.
B. Commissions and fees
In addition to the subscription, services sold via the Platform are subject to:
- Bank fees: 2.9% TTC per transaction via the platform – minimum amount €0.95;
- Flat-rate commission: 11.5% HT on the HT amount of each transaction.
These commissions and fees remain applicable to each transaction, regardless of the subscription.
The Skiller benefits from the following services:
| SERVICE | DESCRIPTION | FINANCIAL TERMS |
|---|
| Marketplace Service | Provision of the Platform | Platform usage license, sending of Credentials | Billing to the Client of bank fees of 2.9% of the total TTC price per transaction paid via the platform - Minimum amount €0.95 + Billing to the Client of a flat-rate Commission of 11.5% excl. tax on the excl. tax amount of each transaction * * Service fees will be charged to Clients but must be taken into account by the Skiller when determining the price of their Services (in accordance with article 6.1.5. of the CGS). |
| Referencing | Referencing on the Platform and presentation of Services |
| Provision of the Dashboard | Access to a Dashboard to manage one’s Profiles, integrate and manage Service offers, consult and manage messages, track Client orders, ... |
| Support | Assistance service for Skillers |
| Payment service by the Payment Service Provider (PSP) | Payment services provided by the Payment Service Provider for managing financial flows and collecting sums related to transactions concluded on the Platform. The Operator's PSP is STRIPE [Annex 3 – PSP General Conditions] |
| Billing service for the Seller | Billing service where the Operator is mandated by the Skiller to bill Services sold via the Platform [Annex 4 – Billing mandate] |
| Marketplace intermediation service and Service sales | Connecting with Clients via the Platform and Service sales |
Annex 3: PSP General Conditions
ANNEX 4 - BILLING MANDATE
This Contract is signed between:
The Skiller (hereinafter « the Principal »)
On one hand,
ANDWOOSKILL,simplified joint-stock company with a sole shareholder, registered in the Paris Trade and Companies Register under number 890 866 338, with its registered office at 25 rue Gambetta, 71000 Mâcon (hereinafter «WOOSKILL» or «the Agent»)
On the other hand,
And Collectively referred to as 'the Parties'
1. Preamble
Simplified joint-stock company with a sole shareholder, registered in the Paris Trade and Companies Register under number 890 866 338, with its registered office at 25 rue Gambetta, 71000 Mâcon (hereinafter 'Wooskill' or 'the Agent') publishes and operates the internet platform accessible at the following address:
https://www.wooskill.com/ (hereinafter 'the Platform').
The Platform offers an intermediation service between independent workers or service providers (hereinafter 'the Skillers') and consumer or professional clients (hereinafter 'the Clients') for the provision of services (hereinafter 'the Services').
In this context, the Skiller wishes to benefit from an invoice issuance service concerning the Services ordered via the Platform. It is under these circumstances that the Parties have come together to establish the conditions of their collaboration.
It is expressly agreed that WOOSKILL acts as Agent, on behalf of the Skiller.
As Agent, it furthermore undertakes to comply with the obligations arising from this qualification and in particular those provided for in articles 1984 to 1997 of the Civil Code and by the law of January 29, 1993.
Article 1. Definitions
The terms mentioned below have, in this contract, the following meaning:
'Back-Office': refers to the interface allowing the Skiller to access their personal space on the Platform.
'General Terms of Service' or 'GTS': refers to the contract governing the provision of the Platform Service by Wooskill to Skillers.
'General Terms of Use' or 'GTU': refers to the contractual conditions made available on the Platform's homepage, to govern the use of the Platform by any User.
'Contract': refers to the present mandate contract by which the Principal entrusts the Agent with the task of issuing invoices in their name and on their behalf on the occasion of transactions carried out via the Platform;
'Client': refers to any natural or legal person having the status of consumer or professional accessing the Platform and proceeding to a Service Order with a Skiller.
'Principal': refers to the Skiller entrusting the Agent with the task of proceeding with the preparation of invoices in their name and on their behalf on the occasion of Services ordered via the Platform.
'Agent': refers to the company Wooskill, charged by the Principal with proceeding with the preparation of invoices in their name and on their behalf on the occasion of Services ordered via the Platform.
'Platform': refers to the internet Platform accessible at the address
https://www.wooskill.com/ La plateforme regroupe l'ensemble des pages web, services et fonctionnalités proposés aux Utilisateurs.
« Services » : désigne les Services proposées par le Skiller aux Clients via la Plateforme.
« Skiller » : regroupe les prestataires ou indépendants dont les Services sont référencées sur la Plateforme.
Article 2. Purpose and scope of the contract
This Contract aims to define the conditions under which the Agent proceeds, on behalf and for the account of the Principal, to issue initial and/or corrective invoices within the framework of Services ordered via the Platform. It is also specified that the Agent reserves the right to use one or more subcontractors for the material establishment of invoices.
Article 3. Obligations of the parties
3.1 Obligations of the Agent
It is expressly agreed between the Parties that the Agent is subject to a general obligation of means and is not bound by any obligation of result or reinforced means of any kind.
Thus, under no circumstances can the Agent's liability be engaged in case of failure or delay in invoice establishment.
Under this Contract, the Agent delivers invoices electronically on behalf and for the account of the Principal on the occasion of Services ordered via the Platform.
In this regard, it is agreed that the invoices, subject of these presents:
- Will include all the mentions prescribed by article 242 nonies A of the General Tax Code
- Will be denominated in euros;
- Will be issued in the same forms as if they were established by the Principal
- Will bear express mention of the authorization given to the Agent to proceed with the issuance of said invoices in the name and on behalf of the Principal. As such, invoices established in the name and on behalf of the Principal necessarily include the mention 'Invoice established by Wooskill in the name and on behalf of [name of the Principal]';
Will be issued automatically and transmitted directly to the Principal and to the Client via the Platform from the date of issuance.
Corrective invoices and credit notes issued by the Agent on instruction of the Principal, must also include the mandatory mentions provided for by article 242 nonies A of the General Tax Code.
3.2 Obligations of the Principal
The Principal notifies the Agent of any error or anomaly concerning the content of invoices issued in their name and on their behalf within 15 days after becoming aware of it.
The Agent undertakes to issue a corrective invoice as soon as possible under the conditions provided for in article 289 I.5° of the General Tax Code.
It is recalled that the Principal remains solely responsible for their invoicing obligations and their consequences with regard to VAT in accordance with article 283 3° of the General Tax Code.
The Principal is required:
To pay to the Treasury the tax mentioned on invoices established in their name and on their behalf;
To report to the Agent any modification in the mentions concerning the identification of their company or activity.
Article 4. Agent's Compensation
The establishment of invoices on behalf and for the account of the Principal is offered free of charge, as a service provided by the Operator to its skillers. As specified in the General Terms of Service (GTS), all services offered by the Operator to the Skiller, including automatic billing of their Platform Clients, are covered by the fees borne by the Client.
Article 5. Duration
In accordance with the General Terms of Service (GTS), the Contract is concluded for the entire duration of the Skiller's registration on the Platform.
Each Party may terminate the Contract for convenience under the conditions provided for in article 16.2 of the GTS, that is:
The Skiller may terminate the Contract at any time, without having to provide justification or respect notice, subject to honoring all their Service orders in progress, by following the procedures detailed within the General Terms of Use of the Platform;
Wooskill may terminate this Contract according to the procedures specified in the General Terms of Service
Article 6. Suspension - Termination of the Contract
In case of violation of laws and regulations in force, as well as lack of cooperation and/or in case of disloyalty, if there is urgency to stop the observed actions, Wooskill may suspend by right the execution of this Contract, and put the Skiller on notice to regularize the identified shortcomings as soon as possible.
In case of serious breach by one of the Parties of any of their obligations under these presents, this Contract may be terminated by the other party. In accordance with the GTS, this termination will take place by right. It will result in the deactivation of the Skiller's Profile(s), whether at their request or by decision of Wooskill.
Article 7. General provisions
The Parties may refer to the General Terms of Service (GTS) of Wooskill regarding the application of provisions relating to intellectual property and personal data, general provisions, liability, applicable law and competent jurisdiction.