Terms and conditions of use
These general terms of use (hereinafter the “Terms”) are concluded between:
- The company Varlorys, a limited liability company registered with the Fès Trade Register under no. 72621, whose registered office is at El Atlas, 16 rue Acila, résidence bureaux al madina 3, Fès (hereinafter the “Company”).
And
- The User of the Site https://www.jobbers.ma.
PREAMBLE
The Company operates a website accessible at https://www.jobbers.ma, dedicated to connecting Freelancers and Professionals with clients seeking services.
The purpose of these Terms is to govern the conditions and procedures for using the Site, and to define the rights and obligations of the Users connected through the Site.
Any access to and/or use of the Site implies unreserved acceptance of, and compliance with, all the terms of these Terms.
I – DEFINITIONS
Site: the website at https://www.jobbers.ma, the mobile application and, depending on the context, the company Varlorys.
Content: any statement, message or information of any nature (text, images, videos, photographs, comments, trademarks, company names, etc.) posted online by the Site or by a User on the Site.
Users: Freelancers, Professionals and Clients, as well as any other internet user visiting the Site.
Client: any legal entity or individual using the Site to contact, or be put in contact with, one or more Freelancers or Professionals in order to entrust them with the performance of a Need.
Freelancer or Professional: any individual or legal entity registered on the Site and offering their services to Clients through the Site.
Features: all the tools and options provided by the Site to enable Freelancers, Professionals, Users and Clients to get in touch with each other.
Need: the work to be carried out that a Client entrusts to a Freelancer or Professional.
Service: the work or task mastered and practiced by a Freelancer or Professional registered on the Site.
Paid Option: any paid offer on the Site granting advantages to the Professional or Client.
Support Center: the support system set up by the Site to respond to requests for assistance.
II – REGISTRATION ON THE SITE
2.1 To access the Features of the Site, the User must create an account by registering free of charge on the Site.
The User must be at least 18 years old and legally capable of entering into contracts and using the Site in accordance with these Terms. The User must provide accurate information and undertakes to update it immediately in the event of changes.
Access to the account is protected by an identifier and a password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of their identifier and password, is solely responsible for keeping them confidential, and for any use of their account.
2.2 To be listed as a Freelancer or Professional on the Site and be visible to Users, they must also fill in their profile accurately and completely (description, photos, address, etc.), and they may also list the services they offer and master.
Freelancers, Professionals and Clients undertake not to publish their personal or professional contact details in inappropriate fields in order to disclose them.
2.3 For Freelancers and Professionals: after each registration or profile modification, the account and associated Services are taken offline. If a Service is added or modified, only that Service is put on hold and the profile remains online.
For Clients: after a Need is published, modified or renewed, it is put on hold.
In each case, the content becomes visible online only after it has been reviewed and validated. This review is carried out by automated tools, including AI-based systems, and by our administrators, in order to detect personal contact details, verify the declared category, and identify false, insufficient or non-compliant content (see articles 2.2, 2.5 and 10.3). The review may result in the content being published, corrected, refused, restricted or removed.
Where content is refused, restricted or removed, the User is informed of the reason. Refused content that is not updated to meet the requirements within a period set by our administrators, normally 30 days from the refusal and subject to change, is permanently deleted. A request for human review or a contest suspends deletion until a decision is made.
Automated checks may make mistakes: the User may request human review of any decision and contest it by writing to [email protected] within 30 days, and the Company will reply with a reasoned answer within 15 days.
2.4 Users registered on the Site must verify their phone number AND/OR email in order to access all the features of the platform.
2.5 The Site reserves the right to modify all profiles, Services and Needs in order to remove personal or professional contact details before online publication.
2.6 Where the User provides false, inaccurate, outdated or incomplete data, the Site will be entitled to suspend or close their account and to refuse them, in the future, total or partial access to the Site.
III – DESCRIPTION OF FEATURES AND OPERATION OF THE SITE
Once registered, the User can benefit from the Features of the Site.
The Features include in particular:
- Facilitated connection between Freelancers, Professionals and Clients.
- Communication and tracking tools.
Operation of the Site:
1/ The Client posts a need describing the details and terms of performance of the work.
2/ Freelancers and Professionals send their service proposals according to the nature of the task to be performed and the budget indicated.
3/ The Client contacts Freelancers and Professionals by phone, email and internal messaging to support their choice.
N.B.: The Client can also search directly for a Freelancer, Professional or Service through the Site’s search engine without having to post a Need.
IV – ACCESS TO THE SITE AND FEATURES
Access to the Features of the Site is reserved exclusively for registered Users. Users are personally responsible for setting up the IT and telecommunications means enabling access to the Site. They bear the telecommunication costs incurred when accessing the internet and using the Site.
The Site is accessible 24 hours a day, 7 days a week for all Users. We reserve the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more Features in order to carry out an update, modifications or changes to operating methods, servers and access hours, without this list being exhaustive. The Site reserves the right to make any modifications and improvements it deems necessary or useful for the proper functioning of the platform and its Features.
V – PRICING OF FEATURES
The prices of the features offered by the Site may change over time. Discounts may also be applied.
PAID FEATURES ON THE SITE:
Connection Pack: gives access to more connections so that a Freelancer or Professional can offer their Services to a greater number of Clients.
Professional Packs: allow Professionals to boost their profiles by displaying their contact information, moving their profile up in search results and other advantages depending on the pack chosen.
Service Packs: allow Professionals to boost their services by displaying their contact information, moving their service up in search results and other advantages depending on the pack chosen.
Contact Packs: allow Professionals, Freelancers and Clients to display a Professional’s contact details (phone number + email) on their profile or services in order to contact them in a professional context. The Professional may refuse to allow the display of some or all of the contact details mentioned above, in which case nothing will be displayed; they simply need to access their account and uncheck the corresponding box.
Messaging Packs: allow Professionals, Freelancers and Clients to send messages to other Freelancers or Professionals through the Platform for professional purposes. Each message sent may deduct one unit from the messaging balance available on the user’s account. Once all messaging units have been used, the user must purchase additional Messaging Packs in order to continue sending messages. Messaging Packs are strictly intended for professional use in connection with the services offered or sought on the Platform.
Need Packs: allow Clients to boost their Needs by displaying their contact information, moving their Need up in search results and other advantages depending on the pack chosen.
Packs to contact a client via a published Need: allow Professionals to display the contact details (phone number + email) of a Client via a Need published on the Site in order to offer their services within the framework of the specifications of the posted Need. The display of contact details is activated by default for each published Need; however, the Client may refuse to allow the display of their phone number AND/OR email by taking a visibility pack and unchecking the contact detail display boxes on the page for adding or modifying the Need.
Where contact details are displayed, we are in no way responsible for the inaccuracy of the information displayed. Please note that we do everything necessary to ensure that profiles contain correct information.
N.B.: This list is subject to change over time as we are continually working on introducing other paid features.
VI – PAYMENT TERMS
The activation of a Paid Option is final only after payment of its price.
The User may pay for a Paid Option in the following ways:
Payment through the “partner money transfer network”: the User may go to the authorized points of sale of the “partner money transfer network” to pay in cash.
The User must send us by email the receipt of their payment together with their order number so that the chosen Paid Option can be activated. Activation will take place only after the money has been received in the Site’s account.
Payment by bank transfer: the User may make a bank transfer from their bank to the Site’s bank in order to pay for a Paid Option.
The User must send us by email the receipt of their transfer together with their order number so that the chosen Paid Option can be activated. Activation will take place only after the money has been received in the Site’s account.
Payment by PayPal: the User may pay via PayPal if they have an account allowing them to do so.
Secure online payment by CMI: after choosing the Paid Option, the User will be redirected to the secure [CMI] interface to enter their banking details safely. If the payment is accepted, the chosen Paid Option is activated.
We are in no way responsible for the fraudulent use of a means of payment by a User to purchase a Paid Option on the Site. In this respect, we are not able to communicate any information to any institution whatsoever.
Any payment fraud on the Site will be sanctioned by cancellation of the order and possibly by blocking the User.
Subject to the exercise of their right of withdrawal, the User may not request the cancellation of a Paid Option for any reason whatsoever once it has been activated.
VII – RIGHT OF WITHDRAWAL IN CASE OF PAYMENT
In accordance with Law no. 31-08, promulgated by Dahir no. 1-11-03 of 18 February 2011, on consumer protection (the “Consumer Protection Law”), each User who has purchased a Paid Option on the Site may exercise their right of withdrawal within 7 (seven) clear days from the validation of the purchase, without having to give any reason and without being liable for any compensation or penalty. However, we will refund only the remaining portion, since it is a service and the User will already have started to benefit from the advantages of the Paid Option (Example: the User took a one-month pack and withdraws 6 days after the purchase date; in this case, we refund the amount corresponding to 24 days).
Cancellation resulting from the above right of withdrawal will give rise to a full or partial refund no later than 15 (fifteen) days from the date on which this right was exercised.
VIII – EVALUATION AND RECOMMENDATION SYSTEM
At the end of each completed need, the Client may evaluate the performance of the Freelancer or Professional.
The evaluations give indications of the quality of the service provided, the skills used in the context of the Need and the Client’s final satisfaction.
The number of evaluations allows the Freelancer or Professional to benefit from better referencing on the Site, according to the criteria chosen by the Clients.
IX – DISPUTES
The Site is in no way responsible for the collaboration between Freelancers, Professionals and Clients, but may help on a voluntary basis to resolve a possible dispute. Collaborators are invited to bring their disputes before the competent Moroccan authorities.
The Site only connects Freelancers, Professionals and Clients. We do not intervene in the terms of performance and payment of a task. Users must satisfy themselves as to the person they engage on the Site and take full responsibility for their actions.
X – COMMITMENTS
10.1 The User undertakes to access and use the Site and the Features in accordance with the laws in force and these Terms. In this respect, the User acknowledges that, for the sole purpose of verifying their compliance with these Terms and applicable laws, the Site may become aware of any Content published or exchanged.
10.2 The User undertakes to make all declarations and complete all formalities necessary for their activity, and to satisfy all their legal, social, administrative and tax obligations and all specific obligations that may be incumbent on them under Moroccan law and/or the foreign legislation to which they are subject, in the context of their activity and use of the Features.
Upon request, the User undertakes to provide the Site, without delay, with any proof that they meet the conditions set out in this article. The User is solely responsible for the proper completion of the aforementioned formalities. The Site cannot be held liable in this respect.
10.3 The User undertakes not to publish, on the pages of the Site accessible to other Users (in particular on the Freelancer or Professional profile page, discussion areas, etc.), any “contact information” such as a phone number or an email address. Exempt from this prohibition are: the fields reserved for contact information, and the sending of service proposals to a Client.
10.4 Users undertake to make fair use of the Site and the Features and expressly refrain from circumventing the Features and the Site. Consequently, no User may extract content from the Site for a similar or competing activity, or for recruitment purposes.
10.5 The Client undertakes to post a serious and sufficiently detailed need to the Freelancer(s) or Professional(s) with whom they come into contact through the Site in order to obtain a price proposal.
In this respect, the Client undertakes to provide the Freelancer or Professional with all necessary details so that the description of the Need is as accurate as possible and does not mislead the Freelancer or Professional.
The Client is, however, prohibited from contacting a Freelancer or Professional for a Need that they do not intend to honor, regardless of the reasons.
10.6 Clients, Freelancers and Professionals undertake not to send advertising messages to Users of the Site in order to solicit them for use outside the Site.
10.7 Freelancers and Professionals undertake to master all the Services they offer to clients.
XI – LIABILITY
Liability of Users, Clients, Freelancers and Professionals
11.1 The User is solely responsible for any direct or indirect harm they may suffer as a result of inaccurate, incomplete and/or misleading information provided at registration or of failure to update such information, the consequences of which they alone bear.
11.2 The User is solely responsible for all Content they choose to put online on the Site. The User expressly undertakes not to publish any Content that is insulting, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and public decency, infringing, prejudicial to public order or third-party rights, likely to harm the rights, reputation and image of the Company and, more generally, whose content would violate the law and/or regulations, in particular criminal law.
11.3 The Client is solely responsible for the description of the Need for which they request a price proposal from the Freelancer or Professional. In the event of an error in the description of the Need, the Client alone will bear any necessary additional services and extra costs by formalizing with the Freelancer or Professional an addendum to bring the Need to completion under good conditions.
11.4 The User is solely responsible for the conclusion and performance of agreements relating to a collaboration that they enter into with another User through the Site, the Site intervening only to put them in contact. The conclusion and performance of these collaborations, which take place directly between a Freelancer, Professional and a Client, are carried out on the initiative and under the exclusive responsibility of the latter.
11.5 The Freelancer or Professional acknowledges that the tools and technical means made available by the Site do not exempt them from their responsibility regarding the legal obligations incumbent on them in this respect, in particular as regards the mandatory information that must appear on their invoices or applicable taxes.
Liability of the Site
11.6 The Site makes every effort to ensure access to, and the proper functioning of, the platform and the Features 24 hours a day, 7 days a week. Nevertheless, given the limitations of the internet, the Site cannot exclude the possibility that access to and operation of the platform and the Features may be interrupted, in particular in the event of force majeure, malfunction of the User’s equipment, malfunction of the User’s internet network, or maintenance operations intended to improve the Site and the Features.
Consequently, the Site cannot be held liable for any interruption of the Features, whether voluntary or not, it being specified that it undertakes to use its best efforts to limit any interruptions attributable to it.
11.7 The Site provides Freelancers, Professionals and Clients with tools and technical means enabling them to establish relationships with a view to concluding a service agreement. Its liability is limited to the provision of these means, as described herein, and to connecting Freelancers, Professionals and Clients.
The Site and the User are independent parties, each acting in their own name and on their own behalf.
The Site does not conclude any contract in the name of and/or on behalf of a Freelancer, Professional or Client, the latter contracting directly with each other through the Site.
Consequently, the Site can in no case be considered, in particular, as an employee/employer, agent or principal of a User.
The Site does not intervene in agreements relating to a collaboration concluded between Freelancers, Professionals and Clients, who are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or performance of such collaborations. Consequently, each User releases the Site from any liability for the direct or indirect consequences resulting, directly or indirectly, from the connection, conclusion and/or performance of such an agreement between a Freelancer, Professional and a Client.
In this respect, the Site cannot be held liable for any payment cancellation or revocation of a direct debit authorization at the sole initiative of the Client, or for any consequences that may result from it.
11.8 The Site cannot be held liable for any false, misleading or outdated information communicated to it by the Freelancer or Professional, which it displays and transmits to the Client.
11.9 The Site allows professionals from various sectors, including regulated professions (such as doctors, architects, lawyers, etc.), to register and offer their services. It is the exclusive responsibility of each service provider to ensure compliance with all applicable legal and regulatory obligations, including registration with any competent professional authority or association.
The Site does not verify the professional qualifications, certifications or affiliations of Users. The Site acts solely as an intermediary, and it is for Users to carry out their own verifications before entering into a contractual relationship.
XII – PERSONAL DATA
In accordance with Law 09-08 on the protection of individuals with regard to the processing of personal data, the User is informed that the Site carries out automated processing of the User’s personal data, in particular when they log in to the Site and when they register on the Site.
The Site is the recipient of the personal data collected through the Site. It undertakes to use all means to ensure the security and confidentiality of this data.
This data is intended to enable the Site to make the Features accessible to the User and is also used for statistical and marketing purposes, direct commercial prospecting and sending newsletters.
The information collected is neither resold nor communicated to third parties.
In accordance with the provisions of Law 09-08, the User has a right of access, modification, rectification and deletion of the personal data concerning them.
The User may also object to this processing for legitimate reasons.
To exercise their rights, the User simply needs to access their account.
XIII – DURATION, TERMINATION AND PENALTIES
This contract is concluded for an indefinite period from the User’s acceptance of the Terms.
If the User does not comply with these Terms and/or commits any breach of the laws and regulations in force, the Site is entitled to suspend or close the User’s account, automatically and by operation of law, and to refuse them, in the future, access to all or part of the Features, without prejudice to any damages.
XIV – NULLITY – WAIVER
If any of the clauses of this contract were declared null and void by a change in legislation or regulation or by a court decision, this would in no way affect the validity of, and compliance with, these Terms.
The Site’s failure to exercise the rights granted to it under these Terms does not constitute a waiver of its right to assert them.
XV – INTELLECTUAL PROPERTY
Subject to the content provided by its Users, the Site is the sole holder of all intellectual property rights in the platforms and their content (in particular texts, images, drawings, logos, videos, sounds, data, graphics), as well as the software, mobile application and databases ensuring their operation, which are protected by the provisions of Law no. 17-97 on industrial property, promulgated by Dahir 1-00-19 of 15 February 2000, as supplemented and amended by Law 31-05, and by the provisions of Law no. 2-00 on copyright and related rights, promulgated by Dahir no. 1-00-20 of 15 February 2000, as amended and supplemented by the law of 14 February 2006.
You may not:
Download, represent, reproduce, copy, modify, transmit, exploit or use in any capacity whatsoever, even partially, any elements of the Site.
Decompile or reverse engineer the Site.
Extract or attempt to extract (in particular by using data-scraping robots or any similar data collection tool) a substantial part of the Site’s data.
XVI – MODIFICATION OF THE TERMS
The Site reserves the right to modify all or part of these Terms.
The Site will inform the User of any modifications made to these General Terms as soon as they are put online.
If the User does not accept the new Terms, they have 24 hours from the date of notification to inform the Site by email.
If the User has not notified their disagreement within the period provided above, they will be deemed to have accepted the modifications.
XVII – APPLICABLE LAW AND JURISDICTION
These Terms are governed by Moroccan law. Any dispute relating to their formation, conclusion, interpretation and/or performance falls within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Fès.