Terms and Conditions of Use and Sale Climate Fresk Non-profit January 2023

These terms and conditions of use and sale (hereinafter referred to as the "Terms and Conditions") are entered into between:

The non-profit Climate Fresk, whose identification and contact details are given in the preamble to this document (hereinafter: the "Non-profit").

And

The Users, the facilitators of the website and the private platform.

Preamble

Website presentation

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to users of the website https://climatefresk.org/ whose identity of the various stakeholders in the context of its implementation and monitoring are:

Owner : La Fresque du Climat – loi 1901 – 

8 Rue du Faubourg du Temple, 75010 PARIS, contact@climatefresk.org 

Hosting : Amazon Web Services Europe (Région Paris) - 67 Boulevard du Général Leclerc, 92110 Clichy

The Non-profit operates a website accessible at the address indicated above as well as a private platform (hereinafter the "platform"), dedicated to the training of facilitators, the monitoring of their skills development (materialized in the form of belts), the management and organization of the Climate Fresk workshops and training sessions as well as bringing together Service provider facilitators with Clients (“Opportunity”).

These General Terms and Conditions of Use and Sale of Climate Fresk (hereinafter the “General Terms and Conditions”) are intended to govern the terms and conditions of use, sale through the platform, as well as define the rights and obligations of the Users, the facilitators, put in contact via the platform.

Any access to and/or use of the website and the platform implies unreserved acceptance of and compliance with all the terms of these General Conditions.

I - Definitions

Facilitators: refers to all types of facilitators (volunteers, Service providers and professionals). They may combine the above roles.

Volunteer facilitator: refers to members of the Climate Fresk Community, who lead workshops and train facilitators on a voluntary, unpaid basis.

Professional Facilitator: refers to any individual or legal entity who has registered a business activity and is registered with the relevant trade register, or any self-employed individual working pursuant to legal conditions from the country where they operate delivering paid Climate workshops and training sessions 

Service provider facilitators: refers to a professional facilitator to whom the Non-profit outsources services sold to its clients.

Client: refers to any legal entity, local authorities, public institutions, non-profit s, schools and higher education establishments which contracts directly with the Non-profit to organise Climate Fresk workshops and facilitation training sessions, for which the Non-Profit has exclusive rights.

Account: refers to the account created on the platform by the Facilitators when they register.

Content: refers to all remarks, messages or information of any kind whatsoever (text, image, video, photographs, comments, trademarks, company names, etc.), put online by a User, or the facilitators on the website or platform.

Quotation: refers to the proposal for a service or services established by the Non-profit 

Right of use (royalty): The Non-profit benefits from a transfer of rights of use which allows it to collect the royalties in the case of a commercial use or within any organisation. It also holds the rights to use the French trademark. (see licence, below)

Licence of use: The author of The Climate Fresk is Cédric Ringenbach, owner of the copyright, as well as the cards, the French trademark ("la Fresque du Climat"), the English trademark ("The Climate Fresk") and the translations of the trademark in the different languages. It can be consulted here 

Invoicing mandate: the invoicing mandate is concluded between the Service Provider Facilitator and the Non-profit, the terms of which are specified in Article 4.1 of the General Terms and Conditions of Sale, under the terms of which the Service Provider Facilitator agrees to entrust the Non-profit, in compliance with the applicable rules, with the drawing up and issuing of invoices relating to the services provided to a Client via the platform.

Participants: refers to individuals who take part in a Climate Fresk workshop or a training facilitation session

Platform: refers to Climate Fresk’s private platform, accessible online, operated by the Non-profit and made available to Facilitators.

Services: refers to all the services provided by the Non-profit as defined in article 3.1 hereof.

User: refers to the visitors of the website

II - Registration on the platform

2.1 Registration conditions on the platform 

To access the Non-profit's Services, Users must have participated in a Climate Fresk workshop and in a training session as well as create an Account by registering on the Platform by means of an email. 

Access to the Account is protected by a username and a password chosen by the facilitator when registering on the platform. The facilitator alone is liable for any use which it may make of its username and password, and is responsible for keeping them confidential and for any use made of its account.

The Service provider Facilitator must be at least 18 years old and be legally capable of contracting and using the platform in accordance with the present General and Sales Conditions. Service provider Facilitators are required to provide accurate information that they undertake to update immediately in the event of any changes.

2.2 Conditions for registration on the platform

2.2.1 In order to benefit from the Platform’s services, Facilitators are required to fill in their Account accurately and completely, and to update it.

As the platform is local, Facilitators are required to indicate as their main area of activity the place where they are registered or their usual place of residence.

Access to the Account is protected by a username and password chosen by Facilitators when registering on the platform. 

2.1.2 To be able to benefit from the services, Facilitators are required to provide accurate and complete information on their Account, and keep it up-to-date.

As the platform is local, Facilitators are required to indicate where they are registered or their usual place of residence as their main area of activity.

2.3. Rights of use Invoicing and business contribution

Professional Facilitators acknowledge and accept that the creation of an Account on the platform implies the unreserved acceptance to declare to the the volume of workshops carried out so that the invoice for intellectual property rights and, as the case may be, business contribution rights can be established. 

Professional Facilitators agree to declare on the platform at the end of each facilitation and/or coaching session, the volume of workshops carried out, and this at least every quarter. They may be required to upload all required documents concerning themselves in order to comply with their obligations in the context of the fight against undeclared work, as well as the rules of transparency for the purposes of the fight against tax fraud, money laundering and the financing of terrorism.

Professional Facilitators shall send the Non-profit all useful information so that invoices can be drawn up in accordance with the fee schedule. 

The Professional Facilitator acknowledges that the updating of all information relating to their legal, accounting and tax situation is essential for the performance and payment of the services offered by the Non-profit and undertakes in this respect to communicate to the Non-profit without delay any change likely to have an impact on its performance (change of registered office, corporate form, etc.).

2.3.1 With regard to Professional Facilitators and Service Provider Facilitators registered outside of France, they are also required to comply with all obligations incumbent upon them by virtue of the legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the platform.

2.3.2 The status of Facilitators shall take effect from the acceptance of the General Terms and Conditions of Sale, and this until the Facilitators are unsubscribed from the website and the platform for any reason whatsoever, or until the exclusion has been voted by the Non-profit. 

In the event that the Facilitator provides false, inaccurate, outdated or incomplete information, the Non-profit shall be entitled to suspend or close their Account and to refuse them access to all or part of the Services in the future.

III - Description of the Services and operation of the platform

3.1. Description of Benefits and Services 

The Services include, but are not limited to:

IV - Terms and conditions for the provision of a service

4.1 Invoicing Mandate

Following a direct request from a client, after definition of scope and modalities of the workshop, the Climate Fresk team posts an opportunity on its platform so that the Service Provider Facilitators can apply. 

When requests for workshop facilitation come directly to the Non-profit , an Invoicing Mandate is concluded. By virtue of the Invoicing Mandate, the Service Provider Facilitator, principal, entrusts the Non-profit , agent, exclusively with (i) drawing up and issuing its invoices for the services provided via the platform, and (ii) collecting payment for the said invoices, on its behalf.

The Service Provider Facilitators agree to upload to the platform the documents required concerning them in order to meet their obligations in the context of the fight against undeclared work, as well as the rules of transparency for the purposes of the fight against tax fraud, money laundering and the financing of terrorism.

The Service Provider Facilitators shall send all the information required for invoices to be drawn up, which may only be issued by the Non-profit once the service has been validated by the Client.

In the event of a justified request for an invoice to be corrected, the Non-profit undertakes to issue a corrective invoice without delay. Invoices issued by the Non-profit shall expressly refer to the Invoicing Mandate insofar as they bear the following wording "Invoice issued by the Non-profit in the name of the Service Provider Facilitators, or any equivalent wording.

The Service Provider Facilitators acknowledges that the updating of all information relating to its legal, accounting and tax situation is essential for the performance of the Invoicing Mandate and therefore undertakes to inform the Non-profit without delay of any change likely to affect its performance (change of registered office, corporate form, etc.).

The Non-profit undertakes to comply with all applicable legislation on invoicing, and in particular to ensure that the appropriate accounting and tax information (and in particular VAT) is included in the invoices issued. Service Provider Facilitators remain solely responsible for their accounting and tax obligations with regard to the issue of their own invoices.The Non-profit shall remain liable for any VAT due, where applicable, in application of national regulations, if it is wrongly invoiced.

The Non-profit shall make available to the Service Provider Facilitators copies of all invoices issued under the Billing Mandate. The Professional Facilitator shall immediately dispute the invoices issued in his name and on his behalf by the Non-profit , at the latest three days after the issue of the said invoice.

The Invoicing Mandate shall take effect from the acceptance of the General Terms and Conditions of Sale until the Service Provider Facilitators are unsubscribed from the platform for any reason whatsoever, or the Non-profit terminates the Invoicing Mandate.

4.1.2 In the event that the Facilitators provide false, inaccurate, out-of-date or incomplete data, the Non-profit shall be entitled to suspend or close their Account and to refuse them access to all or part of the platform's services in the future.

4.2. Operation of the Platform for Facilitators

4.2.1 Workshop delivery without a contract with the Non-profit

In the case of the Professional Facilitator directly in contact with the client, they draw up the Quotation, the organisational arrangements, and the price. The Professional Facilitator is responsible for invoicing the Client for the service provided. 

In the case the Non-profit connects the Professional Facilitators with the Client, the Non-profit 's commission for bringing in business is 10% (excluding VAT). 

4.2.2 Workshop delivery for the Non-profit with a contract 

If the Non-profit contracts with the incoming Client and subcontracts to the Service Provider Facilitators. The latter may not contract directly with the Client for a period of 6 months (the date of entry being the first service). If the Service Provider Facilitators breaches this rule, the Non-profit shall send the Service Provider Facilitators a fine of 2,000 euros by way of compensation, which they undertake under the terms of this agreement to pay on receipt.

4.3 Methods of cancellation of a service

4.3.1 When the Client has signed the Climate Fresk quotation, the Cancellation period is 14 days. Once this date has passed, the Service will be invoiced even in case of cancellation by the Client. The date of Service can be modified 14 days before the scheduled date. The onsite workshop can be organized online up to 48h before the scheduled date.

4.3.2 If Service Provider Facilitators hired for a workshop are unable to carry out the workshop for which they have been selected, they must inform the Non-profit without delay so they can be replaced, or postpone the workshop ordered. 

V – Access to the platform and the Services

Facilitators are personally responsible for setting up the computer and telecommunications resources required to access the platform. They shall bear the telecommunication costs of accessing the Internet and using the platform.

The platform is accessible 24 hours a day, 7 days a week for all facilitators.

The Non-profit reserves the right, without prior notice or compensation, to temporarily or permanently close the platform and/or access to one or more Services in order to update, modify or change operational methods, servers and access times, without this list being exhaustive.

The Non-profit reserves the right to make any changes and improvements to the platform and Services that it deems necessary or useful for the proper functioning of the platform and its Services.

VI- Applicable law and jurisdiction

Any dispute relating to the use of the https://fresqueduclimat.org website is subject to French law. The competent courts of Paris have exclusive jurisdiction.

VII - Commitments

7.1 The User, the Facilitator, undertakes to access and use the website, the Platform and the Services in accordance with the laws in force and these General Conditions.

In this respect, the Facilitator acknowledges that for the exclusive purpose of verifying compliance by them with these General Conditions and applicable laws, the Non-profit may take notice of any content published or exchanged on the Platform.

Similarly, they acknowledge that the Non-profit may intervene to moderate the Content published, if it does not comply with the laws and regulations in force as well as the obligations of Users and Facilitators under these General Conditions.

7.2 Professional facilitators and Service Provider Facilitators undertake to carry out all the declarations and formalities necessary for their activity, as well as to meet all their legal, social, administrative and tax obligations and all the specific obligations that their responsibility, where applicable, in application of the legislation on which it depends, in the context of its activity and the use of the Services.

In the event of a request, Professional facilitators and Service Provider Facilitators undertake to provide the Non-profit, without delay, with any supporting documents proving that they meet the conditions set out in this article.

The Professional facilitator and Service Provider Facilitator are solely responsible for the proper completion of the aforementioned formalities which are their responsibility. The Non-profit shall not be held liable in this respect.

7.3 The Professional facilitator undertakes to make fair use of the Platform, in particular not to circumvent the Platform and its Services.

Should Service Provider Facilitators connected to a client via the platform, contract a workshop outside the Platform for the same service, the Non-profit shall send the Professional facilitators and Service Provider Facilitators a fine for a fixed amount of 2,000 euros by way of compensation, which they undertake under the terms of this Agreement to pay on receipt.

Similarly, all Faciliators shall refrain from extracting any Content from the Platform for a similar or competing activity, or for recruitment purposes.

7.4 TheFacilitator also agrees not to use the Services and the Platform to promote their activity or that of a third party. In this respect, they undertake in particular not to send advertising messages to Users or Faciliators of the website and the Platform or to canvas them.

7.5 Service Provider Facilitators undertakes to maintain strict confidentiality with regard to any exchanges they may have had with Clients and any information transmitted to them or of which they may have knowledge during a contact via the Platform (whether or not it resulted in a workshop or training session). Service Provider Facilitators shall refrain from sharing with any third party, whether privately or on social networks, any exchange, information or excerpt of conversation from the Platform's messaging system.

7.6 Service Provider Facilitators undertake to offer his/her services and to carry out workshops on the Platform only in his/her own name. Thus, he/she shall not subcontract all or part of his/her commitment to a third party.

VIII – Liability

Liability of Users or Facilitators

8.1 Users and facilitators are solely responsible for the direct or indirect damage that they may suffer as a result of inaccurate, incomplete, and/or misleading information that they provide at the time of registration or in the absence of updating of this information, the consequences of which they alone shall bear.

They acknowledge and accept that any notification under these General Terms and Conditions of Sale may be made to them through the contact email address provided when creating their Account on the Platform.

8.2 Users, or facilitators, are solely responsible for all the Content that they choose to put online on the Platform, as the Non-profit does not check the Content before it is put online.

Users, or facilitators are expressly prohibited from publishing any Content that is abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morals and good customs, counterfeiting, undermining public order or rights of third parties, likely to harm the rights, reputation and image of the Non-profit and more generally, the content of which would violate the law and/or regulations, in particular of a penal nature.

8.3 Professional Facilitators acknowledge that the technical tools and means made available by the do not exempt them from their responsibility with regard to their legal obligations.

Liability of the Non-profit

8.4 The Non-profit shall do everything in its power to ensure that the Platform and the Services are accessible and functioning properly 24 hours a day, 7 days a week.

Nevertheless, given the limitations of the Internet, the Non-profit cannot exclude the possibility that access to and operation of the Platform and Services may be interrupted, in particular in the event of force majeure, malfunctioning of the User's equipment, malfunctioning of the User's or the Facilitator’s' Internet network, or maintenance operations to improve the Platform and Services.

Consequently, the Non-profit cannot be held responsible for an interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions for which it is responsible 

8.5 The Non-profit provides Professional Facilitators, Service Provider Facilitators and Clients with tools and technical means allowing them to enter into a relationship for the purpose of workshop and training delivery via the Platform. Its responsibility is limited to the provision of these resources, as described in the General Terms and Conditions of Sale, and connecting Professional Facilitators andService Provider Facilitators with clients. 

The Non-profit shall not be held responsible for the frequency of presentation of opportunities on the Platform.

The Non-profit , Professional Facilitators, Service Provider Facilitators and Users are independent parties, each acting in their own name and for their own account.

Consequently, the Non-profit may not be considered in any way as an employee/employer or agent of the Professional Facilitators and Service Provider Facilitators.

When the Non-profit is not a party, in any capacity whatsoever, to the contracts relating to a workshop concluded between the Professional Facilitators and the Clients, the latter are solely responsible for the difficulties, complaints and disputes that may intervene during the conclusion and/or execution of said contracts. Consequently, each Professional Facilitator releases the Non-profit from any liability for the direct or indirect consequences resulting directly or indirectly from the connection, conclusion and/or execution of such a contract between a Professional Facilitator and a Client.

In this respect, the Non-profit shall not be held liable for any cancellation of payment or revocation of direct debit authorisation at the sole initiative of the Client, and for any consequences that may arise therefrom.

8.6 The Non-profit cannot be held liable in any way whatsoever for breaches of its obligations, particularly in the context of the fight against concealed work and compliance with the rules of transparency, as well as any damage that may result therefrom.

Thus, the Non-profit cannot be held responsible for false, misleading or outdated information communicated to it by the Professional Facilitator.

Similarly, the Non-profit reserves the right not to transmit to Users or Facilitators the messages of other Users, or Facilitators when they do not comply with the General Terms and Conditions of Sale.

IX – Personal Data 

As part of its activity, the Non-profit is required to collect and process information, some of which is referred to as "personal data". The Non-profit attaches great importance to respect for privacy, and only uses data responsibly and confidentially and for a specific purpose.

9.1 Personal data

On the fresqueduclimat.org website and the platform, there are 2 types of data that may be collected :

  1. Data transmitted directly : refers to data transmitted directly by Users, via a contact form or by direct contact by email. The fields "first and last name", "company or organization" and "email" are mandatory in the contact form.
  2. The data collected during registration on the facilitators' private platform : It allows us to collect the professional information necessary for your activity as a Facilitator and/or personal information such as your postal address, your experience as a Facilitator within the Community, and to validate the passing of belts during your various workshop activities. 

9.2 Use of data

Data transmitted directly by Users are used for the purpose of re-contacting you and/or in the context of requests made to the Non-profit. 

The Non-profit does not use any third-party service on its website and platform. Your data is therefore not transmitted.

On the private platform, the facilitators may have to process personal information, in particular that concerning the participants in the workshops. 

9.3 Consent

Personal data is only collected after mandatory consent of the user. This consent is validly collected (buttons and checkboxes), free, clear and unequivocal.

9.4 Data retention period

Data will be saved for a maximum period of 3 years on the website.

Facilitators’ data on the private platform will be kept as long as the Facilitator has an account and complies with the general terms of use and sale. 

9.5 Your rights regarding personal data

Users have the right to consult, request modification or delete of all their personal data. You can also withdraw your consent to the processing of your data.

9.6 Data Protection Officer

For all requests concerning data processing, contact Climate fresk at contact@climatefresk.org.

X-Cookies

For proper functioning of the Platform and the Services, cookies may be placed on the Facilitator's terminal when connecting to the Platform. Cookies are small text files that are stored in the browser or terminal device by Internet platforms, applications, online media and advertisers.

The Non-profit does not use third-party cookie services, the only cookies used are functional.

XI – Intellectual Property

11.1 Private Platform

The Platform and each of its components, including but not limited to, texts, images, videos, photographs, brands, logos, corporate names, domain names are the exclusive property of the Non-profit or from that of its partners.

These elements are protected by laws relating to intellectual property and others, and in particular copyright.

Any reproduction or representation, in whole or in part, of the Platform or one of its constituent elements, without the authorization of the Non-profit, is prohibited and constitutes an infringement punishable by the Intellectual Property Code.

11.2 Content

Facilitators who post Content on the Platform retain full ownership of everything they post.

By creating a profile, Facilitators expressly authorize the Non-profit to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display these Public Contents on the Platform, social networks, blogs operated and/or on any other media (including physical and digital media, press kit, commercial media, promotional and/or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing , advertising the Services and the Platform or for the purposes of setting up partnerships. This authorization is valid for the whole world and for the entire duration of the Facilitators’ registration. 

The Facilitators acknowledge that any use of its Content made by the Non-profit prior to its unsubscription, deletion or termination of its Account cannot be called into question.

XII – Duration, Termination and Sanctions

This contract is concluded for an indefinite period from the acceptance of the General Terms and Conditions of Sale by Users or Facilitators.

Any use of the Platform and the Services contrary to the General Conditions and/or the laws and regulations in force entitles the Non-profit to suspend, without notice, the Account of Facilitators or to refuse, in the future, to the Facilitators, the access to all or part of the Platform, without prejudice to any damages that the Non-profit may be entitled to claim.

The Non-profit may, moreover, five (5) days after having informed Facilitator by means of the messaging service, automatically close the account of the suspended Facilitator, without any no compensation whatsoever.

These measures may be taken in particular in the following cases:

- communication of false information by the Professional Facilitator (documents, location, experience, etc.);

- insulting remarks towards facilitators, an employee of the Non-profit or any individual

- unfair use and/or circumvention of the Platform

- subcontracting of workshops or training which are entrusted to a Service Provider Facilitator, to employees or to third parties;

Similarly, in the event that Professional Facilitators and Service Provider Facilitators would be the subject of repeated disputes or reports from Clients reported, the Non-profit shall be entitled to suspend or close its account. .

The closure of the Account of a Professional Facilitators and Service Provider Facilitators by the Non-profit automatically entails the termination of these General Terms and Conditions of Sale.

XIII - Customer Service

For any question or information concerning the Platform and the Services, User or Facilitator can contact the Non-profit via the "contact" section on the website or by sending an e-mail to the address contact@climatefresk.org.

XIV – Invalidity – Abandon

Should any of the clauses of this contract be declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these General Terms and Conditions of Sale.

The failure of the Non-profit to exercise its rights under the present contract shall not constitute a waiver of its rights

XV – Modification of the General Conditions

The Non-profit reserves the right to modify at any time, at its sole discretion, all or part of these General Conditions,according to the evolution of those offered by the Non-profit.

Facilitators who continue to use the Platform after these changes have been made are deemed to accept these changes.

If the changes made by the Non-profit are significant, the Non-profit will inform the Users or the facilitators using reasonable means, for example, by publishing on the Platform a notice relating to these changes or by sending an informative email to Users or facilitators.