These terms and conditions of use and sale (hereinafter referred to as the "Terms and Conditions") are entered into between:
And
The Company operates a website and a Web App accessible at the address indicated in the Annex (hereinafter the "Marketplace") which connects Football Scouts, Football Clubs and Football Agents.
The purpose of the Planet Scout Terms and Conditions of Use and Sale (hereinafter the "Terms and Conditions") is to govern the terms and conditions of use of and sales on the Marketplace, and to define the rights and obligations of the Users connected via the Marketplace.
Any access to and/or use of the Marketplace implies unconditional acceptance of and compliance with all of these Terms and Conditions.
Customer: means any legal entity or individual (a Football Club or a Football Agent), using the Marketplace for strictly professional purposes, with a view to entering into contact with or being put into contact with one or more Football Scouts in order to entrust them with completion of an Assignment.
Account: means the account created on the Marketplace by the User upon registration on the Marketplace.
Content: means any comments, messages or information of any kind (text, images, videos, photographs, comments, trademarks, corporate names etc.), posted by a User on the Marketplace.
Quote: means the service proposal drawn up by the Football Scouts on the Marketplace.
Company: refers to Planet Scout and its Marketplace.
Football Scout: refers to individuals or entities that provide scouting services and are registered with the relevant trade register, or any self-employed individual who operates in accordance with the legal conditions of the country where they are based or from abroad and offers services to Customers through the Marketplace.
Marketplace: means the Web App operated by the Company at the address indicated in the Annex.
Assignment: means the specific task assigned by a Customer to a Football Scout on the Marketplace.
Services: means all services provided by the Company as defined in Article 3.1 hereof.
Users: refers to Football Scouts and Customers registered on the Marketplace.
Validation: means the process defined in Article 3.2.5 of the Terms and Conditions at the end of which the Customer declares on the Marketplace that the Assignment performed by the Football Scout is complete and compliant with the Quote.
2.1 Conditions governing User registration on the Marketplace
In order to access the Services, the User must create an Account by registering on the Marketplace.
The User must be at least 18 years old and of legal age to contract and use the Marketplace in accordance with these Terms and Conditions. The User is required to provide accurate information and undertakes to immediately update said information in the event of any change.
Access to the Account created is protected by a username and password chosen by the User when registering on the Marketplace. The User 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.
2.2 Conditions governing Football Scout registration on the Marketplace
2.2.1 In order to be referenced as a Football Scout on the Marketplace and be visible to Users, the Football Scout must complete their profile page with accurate comprehensive information, upload a recent photograph and keep their Account up-to-date.
As the Marketplace is a local platform, the Football Scout is required to indicate where they are registered or their usual place of residence as their main area of activity.
2.2.2 In the case of Football Scout domiciled outside France, they will be required to respect all obligations incumbent upon them by virtue of legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the Marketplace.
2.2.3 In the case of self-employed professions for which exercise of the activity by the Football Scout is subject to compliance with access criteria or conditions of practice that are subject to a regulatory framework imposed by the State (regulated professions), the Football Scout undertakes to ensure they have (i) the right to practice the profession and (ii) the right to carry out the Assignments for which they advertise on the Marketplace.
2.3 In the event that a User provides false, inaccurate, out-of-date or incomplete data, the Company will be entitled to suspend or close their account and refuse any future access to all or part of the Services.
3.1. Description of the Services
3.1.1 The Services include, but are not limited to:
3.2. How the Marketplace works
3.2.1 Connecting Users via the Marketplace
The Customer contacts the Football Scout (i) directly on the Marketplace or (ii) through the Company.
3.2.2 Issuing Quotes
After discussing the scope and terms and conditions of the Assignment, the Football Scout sends to the Customer a Quote via the Marketplace.
3.2.3 Provisioning by the Customer of the price of the Assignment
In the event of an agreement on the Quote, the Customer adds electronic money to its account corresponding to the price of the Assignment specified in the Quote, allowing the Football Scout to start the Assignment.
The Football Scout will start to perform their Assignment as soon as they are given notice on the Marketplace that the Customer has added money corresponding to the price of the Assignment. In the event of non-compliance with this provision, any Assignment started before the price thereof has been provisioned for will be at the Football Scout’s own risk and peril. The Football Scout expressly acknowledges waiving taking any recourse against the Company.
The Customer undertakes not to request cancellation of its provision paid electronically to its financial institution during performance of the Assignment.
3.2.5 Validation of the Assignment
The Customer has a period of (15) fifteen calendar days as from notice, sent by the Company to the User account email address, to validate the Assignment on the Marketplace.
By validating the Assignment, the Customer definitively waives making any claim or taking any recourse against the Company regarding the payment made.
In the absence of Validation within this period, and unless the Customer expressly indicates its intention to object to Validation of the Assignment, the Customer acknowledges that the Company may validate the Assignment and release the amounts set aside for the Football Scout, without any prior formality.
3.2.6 Payment of the Football Scout
Validation of the Assignment by the Customer on the Marketplace results in final payment to the Football Scout of the quote total, after deduction of the commission payable by the Football Scout to the Company.
4.1 Accessing the Marketplace
Users are responsible for setting up the technical means necessary (i.e., computers, mobile phones, or other telecommunications) for accessing the Marketplace. Any costs incurred for using the Internet for accessing the Marketplace are the sole responsibility of the User.
The Marketplace is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without prior notice or compensation, to temporarily or permanently shut down the Marketplace and/or access to one or more of its Services in order to update, modify, or change, but not limited to, its existing operating infrastructure, servers, and accessibility times.
The Company reserves the right to make any changes and improvements to the Marketplace and its Services that it deems either necessary or useful for the proper functioning of the Marketplace and its Services.
4.2 User access
Access to the Marketplace and its Services is exclusively reserved for its Users.
The Marketplace may not be used by intermediaries or recruitment professionals, nor by their employees, acting on behalf of an end-user unless expressly authorized by the Company under the terms and conditions contractually defined by it.
Additionally, any individual or legal entity that does not qualify as a Football Scout, as defined in both Article I and in the Appendix, is not authorized to create an account on the Marketplace as a Football Scout nor may send Quotes or perform Assignments via the Marketplace.
This particularly applies to individuals who have created an account on the Marketplace specifically to contact a Client for carrying out an assignment outside the Marketplace or to receive payment for that work outside the Marketplace.
In the case of non-compliance, the Company reserves the right to:
These parties are the only ones responsible for the direct or indirect damages they cause as a result of their behavior, and must assume the consequences of their actions accordingly.
4.3 Illegal web scraping
It is strictly forbidden to carry out any form of extraction or harvesting of data and/or other information from Planet Scout’s web pages or Web App in an automated manner, or otherwise, using specialized software, robots, or other devices that can “scrape” user data available on the Marketplace or copy and paste information related to Planet Scout’s Services. Any person carrying out such “web scraping” activities may be sanctioned by the Company.
5.1 Prices for Football Scout Services
Unless exempted as described in Annex 1 hereof, the Football Scout pays a commission to the Company, calculated on the basis of a percentage of the total price of the Assignment. This commission is deducted directly from the amount payable to the Football Scout.
The amount of the commission (excluding options) is fixed as a percentage of the price of the Assignment excluding taxes.
6.1 The Customer pays the price of the Assignment by advance payment into an electronic bank account (escrow account). Advance payment is made by bank card via a secure online payment service or by bank transfer.
6.2 In order to set up the payment system, the Company has subscribed to the services of Mangopay S.A., an authorized electronic payment company, registered with the Luxembourg Trade and Companies Register under No. B173459, having its registered offices at 2 Avenue Amélie, 1125 Luxembourg (hereinafter "Mangopay").
The Users enter directly into contracts with MangoPay for advance payment and declare that they accept the MangoPay terms and conditions available here MangoPay Credit Mutuel Arkea terms and conditions.
Receipt of funds in the context of advance payment into an electronic bank account does not constitute a bank deposit and does not bear interest.
7.1 At the end of each Assignment, the Customers are encouraged to review their collaboration. Reviews left by a Customer may appear on the Football Scout’s page.
Reviews left by Customers cannot be modified after a one-month period as from the end of the Assignment.
7.2 Football Scouts also have the opportunity to have themselves recommended by former customers, with whom they have worked in the past.
7.3 Reviews and recommendations must reflect objective considerations and cannot, under any circumstances, include excessive or insulting elements. We reserve the right to delete any such reviews or recommendations.
8.1 Cancellation of the Assignment by mutual agreement
In the event that the Assignment is canceled by mutual agreement (whether at the initiative of the Customer or the Football Scout), the Company will refund the price of the Assignment to the Customer, within 15 days.
8.2 Dispute between the Customer and the Football Scout
8.2.1 Informing the Company's Customer Service Department of a dispute
In case of a disagreement between the Customer and the Football Scout on the quality of the service, the field, conditions or level of completion of the Assignment, the latter agree to inform the Company via its customer services.
8.2.1 Attempted mediation
As from when the Customer and/or Football Scout refers a matter to us, the customer service department will act as mediator, for a maximum period of 45 days (hereinafter the "Mediation Period"), in an attempt to propose an amicable solution to settle their dispute.
During the Mediation Period, the Customer and the Football Scout undertake to make every effort to discuss and find an amicable solution to their dispute.
8.2.2 End of the Mediation Period
The Company will terminate the Mediation Period as soon as the Customer and the Football Scout have found an amicable solution to their dispute.
If at the end of the Mediation Period, the Customer and the Football Scout have not managed to find an amicable solution to their dispute, the Company will put an end to the mediation period and cease to handle the dispute. The Customer and the Football Scout will then be personally responsible for the settlement of their dispute.
If no agreement is reached during the Mediation Period, and if provision has been made for the Assignment by prepayment of a deposit into an escrow account, the Company will return said amount to the Customer after deduction of a lump-sum administrative fee of 90 euros, corresponding in particular to the costs incurred by the Company with the payment service providers as well as the cost of handling the dispute.
The request for the return of the deposit can only be made by the Customer at the end of the Mediation Period, by registered letter with acknowledgment of receipt sent to the Company's Customer Service Department at its registered office.
The Company will return the deposit to the Customer within 15 days of receipt of said letter.
9.1 The User undertakes to access and use the Marketplace and the Services in accordance with laws in force and these Terms and Conditions.
In this respect, the User acknowledges that for the exclusive purpose of allowing the Company to confirm compliance with these Terms and Conditions and applicable laws, it may check all Content published or exchanged on the Marketplace.
Likewise, the User acknowledges that the Company can intervene to moderate the Content published if it does not respect the laws and regulations in force as well as the Users’ obligations pursuant to these Terms and Conditions.
9.2 The User undertakes to make and complete all the necessary declarations and formalities for their activity, and to satisfy all legal, social, administrative and tax obligations and all specific obligations incumbent upon them, as may be relevant in accordance with legislation they are dependent on, in the context of their activity and use of the Services.
If asked, the User undertakes to immediately provide the Company with all supporting documents proving that they fulfill the conditions set forth in this Article.
The User alone is responsible for the proper completion of the aforementioned formalities incumbent upon them. The Company cannot be held liable in this respect.
9.3 The User agrees to not use the Marketplace for any purpose other than the Services it provides but also to use the Marketplace only in the way it has been intended to be used. In particular, the User may not circumvent the Marketplace and its Services by contracting any Assignments found via the Marketplace outside of the Marketplace.
Otherwise, in the event that the Users connected via the Marketplace contract an Assignment outside the Marketplace, the Company will send the Customer an invoice for a lump-sum amount of EUR 2,000 as compensation, which the Customer undertakes to pay upon receipt in accordance herewith.
Likewise, all Users undertake not to extract any content from the Marketplace for a similar or competing activity, or for recruitment purposes.
9.4 The Customer undertakes to provide any Football Scout with whom they enter into contact via the Website with a serious and sufficiently detailed Assignment offer, with a view to obtaining a price proposal.
In this respect, the Customer undertakes to make any precisions necessary so that the description in the Assignment offer is as accurate as possible and does not mislead the Football Scout when drawing up the Quote.
The Customer also undertakes not to use the Services and the Marketplace to promote their activity or that of a third party. They notably undertake not to send advertising messages to Marketplace Users or to solicit them.
9.5 The Football Scout undertakes to keep strictly confidential all exchanges with Customers as well as any information communicated to them or of which they become aware when contact is made via the Marketplace (which may or may not give rise to an Assignment. Users notably undertake not to share with any third party, either privately or on social media, any exchange, information or extract from a conversation on the Website messaging service.
9.6 The Football Scout undertakes to only propose their services and complete Assignments on the Marketplace in their own name. Therefore, they undertake not to subcontract all or part of the Assignment to a third party. In the event that the Football Scout’s status is anything other than a sole trader, only the gérant, chairman or partner of the structure, an individual, can invoice. The Football Scout therefore undertakes to create a profile on the Marketplace and to complete the Assignment themselves.
Liability of the Users
10.1 The User alone is responsible for any direct or indirect harm they may suffer due to inaccurate, incomplete and/or misleading information provided when registering or by failing to update this information, and accepts all consequences thereof.
The User acknowledges and accepts that any notice pursuant to these Terms and Conditions can be given using the contact email address entered when creating an Account on the Marketplace.
10.2 The User alone is liable for any Content which they choose to upload to the Marketplace; the Company does not control the Content before it is uploaded.
The User expressly undertakes not to publish any Content which is insulting, inflammatory, disparaging, slanderous, racist, xenophobic, contrary to good morals, infringing, harms public policy and third-party rights, which may harm the rights, reputation and image of the Company and in general, which infringes laws and/or regulations, in particular criminally-sanctioned.
10.3 The Customer alone is liable for the description of the Assignment for which they request a proposed rate from the Football Scout. In the event of an error in the Assignment description, the Customer alone will take responsibility for any necessary additional services and related extra charges by formalizing an Assignment supplement with the Football Scout via the Marketplace.
10.4 The User alone is liable for entering into and performing the contracts regarding an Assignment entered into with another User via the Marketplace. The Company's only involvement is to establish contact. Conclusion and performance of these contracts, which takes place directly between a Football Scout and a Customer, are at the initiative and under the sole responsibility of the latter.
10.5 The Football Scout acknowledges that the tools and technical resources made available by the Company do not exonerate them from liability regarding the legal obligations incumbent upon them. In particular, the Football Scout acknowledges that they remain fully liable with respect to their legal and tax obligations regarding invoicing for initial and/or corrective original invoices issued in their name.
Liability of the Company
10.6 The Company takes all measures to ensure access to and the proper functioning of the Marketplace and Services 24/7.
Nonetheless, given the limits of the Internet, the Company cannot rule out the possibility of access to and the functioning of the Marketplace and Services being disrupted in the event of force majeure, poor functioning of the User’s equipment, malfunctions in the User’s Internet service or maintenance operations designed to improve the Marketplace and Services.
Consequently, the Company cannot be held liable for any disruption of Services, whether voluntary or not, it being specified that it undertakes to make every effort to limit disruptions which may be attributed to it.
10.7 The Company provides Football Scouts and Customers with the tools and technical resources allowing them to contact one another in order to enter into a service agreement on the Marketplace. Its liability is limited to providing these resources as described herein and putting Football Scouts and Customers into contact.
The Company cannot be held liable for how often Football Scouts profiles are presented on the Marketplace.
The Company and the User are independent parties, each one acting in their own name and on their own behalf.
The Company does not enter into any contract in the name and/or on the behalf of a Football Scout or Customer, the latter contracting directly on the Marketplace.
Consequently, the Company cannot under any circumstances be considered as an employee/employer or agent of a User.
As the Company is not party in any way whatsoever to the contracts for an Assignment entered into between Football Scouts and Customers, the latter are solely liable for any difficulties, claims and disputes which may arise during conclusion and/or performance of said contracts. Consequently, each User holds the Company harmless from and against any liability regarding direct or indirect consequences resulting directly or indirectly from the establishment of relationships or conclusion and/or performance of such a contract between a Football Scout and Customer.
In this respect, the Company cannot be held liable for any cancellation of payment or withdrawal of direct debit authorisation at the sole initiative of the Customer, and the possible consequences thereof.
10.8 The Company will do everything in its power to ensure the content and validity of information and documents communicated by the Football Scouts on the Marketplace when they are established in France. Nonetheless, the Company cannot be held liable in any way whatsoever for infringements of obligations incumbent upon them, in particular in the context of the fight against concealed work and respect for transparency rules as well as any resulting damage.
Therefore, the Company cannot be held liable for false or misleading information or information which is not up-to-date communicated to it by the Football Scout.
Likewise, the Company reserves the right not to communicate messages from a User to another User when they do not respect these Terms and Conditions.
The manner in which data related to the use of the Marketplace and any other interaction with the Company is processed is explained in the Privacy Policy available here https://www.iubenda.com/privacy-policy/12292568/legal. This Privacy Policy also clarifies the rights of data subjects to access or request rectification, erasure or portability of or to limit access to personal data. The Company has appointed a data protection officer who is available to answer any questions Users may have regarding the protection of personal data at Planet Scout sent by email to privacy@planetscout.app and by post to DPO, Planet Scout SAS, 6 rue d’Armaillé - 75017 PARIS.
For the proper functioning of the Marketplace and the Services, cookies may be installed on the User's device when they access the Marketplace. Cookies are small text files that are stored on the browser or device by Internet marketplaces, applications, online media and advertisers.
The Company has a cookie use policy available at this address: https://www.iubenda.com/privacy-policy/12292568/cookie-policy which describes the different categories of cookies that Planet Scout Services uses and specifies the reasons for their use. The list of third-party cookie vendors is provided for informational purposes only and is not exhaustive. This policy also explains how to set your cookie preferences.
14.1 The Marketplace
The Website and each of the elements composing it, in particular but not limited to texts, images, videos, photographs, brands, logos, trade names and domain names are the exclusive property of the Company or its partners.
These elements are protected by intellectual property and other laws, including copyright.
Any reproduction or representation, in full or in part, of the Marketplace or one of the elements composing it, without the Company’s authorisation, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code.
14.2 Content
Any User who publishes Content on the Marketplace retains full ownership of anything that they publish.
By creating a profile or leaving recommendations on profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public Content on the Marketplace, social media, blogs operated by the latter and/or any other media (in particular physical and digital media, press kits and sales, promotional and/or advertising materials), by any means, for the purpose of operating, improving, promoting, marketing or advertising the Services and the Marketplace or setting up partnerships. This authorisation is valid for the entire world and for the entire duration of registration of the User.
The User acknowledges that any use which the Company makes of their Content prior to cancellation of registration or erasure or cancellation of their Account cannot be called into question.
15.1 The User is authorized to create one or more hypertext links directing, for example, to the Marketplace homepage or profile page in the case of a Football Scout.
Users undertake not to create any link towards websites which are not compliant with legislation in force or which may harm the interests, reputation and/or image of the Marketplace and the Company.
In any case, the Company reserves the right to withdraw this authorisation at any time if it deems that the link established with the Marketplace is likely to harm its interests, reputation and/or image.
The existence of a hypertext link from a third-party website towards the Marketplace cannot under any circumstances imply cooperation and/or a partnership between the Marketplace and this third-party site. The Company has no control over the third-party websites and consequently does not accept any liability for content and products and/or services available on or from these third-party websites, including a hypertext link to the Marketplace.
15.2 The Marketplace may contain links to the Company's partner websites or to third-party websites. The Company has no control over these websites and consequently does not accept any liability regarding the availability thereof, their content and the products and/or services available on or via these third-party websites.
The Company cannot be held liable for the direct or indirect damage which may be caused when a User accesses the partner’s and/or third-party’s website and uses content and products and/or services on this third-party website.
The Company provides Users with APIs allowing the use of their data via a security token. This token can be used directly or transmitted to third party applications in order to use the information they have entered on their profiles in addition to that which has resulted from the application of Marketplace Services.
The User's choice in utilizing these APIs and the consequent sharing of their data remains exclusively of their own initiative and responsibility.
The Company is committed to taking all technical and organizational measures necessary to ensure the safety of this data but cannot be held responsible for the User's data once entrusted to a third party within the context of using the token.
This contract is entered into for an indefinite term as from acceptance of the User’s Terms and Conditions.
Any use of the Marketplace and Services contrary to the Terms and Conditions and/or laws and regulations in force entitles the Company to suspend, without notice, the User’s Account or to refuse the User access to all or part of the Marketplace, without prejudice to any damages which the Company may be entitled to claim.
The Company may also, five (5) days after informing the User via the messaging service, automatically close the User’s suspended Account without any compensation being due for any reason whatsoever.
These measure can notably be enforced in the following cases:
- communication of false information by the User (documents, location, experience...);
- abusive language towards a User or a Company employee;
- unfair use and/or circumvention of the Marketplace, including contracting for a Assignment outside the Marketplace;
- subcontracting Assignments which are entrusted to a Football Scout, employees or third parties;
Likewise, in the event that the User is the subject of repeated disputes or reports from Customers to the Company’s Customer Services, the Company will be entitled to delay visibility of the content hosted on search engine results, suspend or close their account.
Closure of the User’s account by the Company will automatically result in the termination of these Terms and Conditions.
For any questions or information regarding the Marketplace and Services, the User may contact the Company via the "contact" section on the Website or by sending an email to the address specified in the Annex.
In the event that one of the Articles in this contract is declared null and void by a change in legislation or regulations or a court decision, this does not in any way impact the validity of and compliance with these Terms and Conditions.
Should the Company fail to exercise its rights recognised in accordance herewith, this does not constitute a waiver of asserting said rights.
The Company reserves the right to modify at any time, and at its sole discretion, all or part of these General Terms and Conditions, in particular, article 3.1.1 relating to the description of Services based on how the Services offered by the Company evolve over time.
When a User continues to use the Marketplace after amendments have been made thereto, they are deemed to have accepted said changes.
If the Company makes significant changes, it will notify Users by reasonable means, for example, by posting notice of such changes on the Marketplace or by sending an informative email to Users.
These Terms and Conditions of Use are governed by French law. Any dispute regarding the formation, conclusion, interpretation and/or enforcement thereof falls under the sole jurisdiction of the court as specified in the Annex.
Version effective as from 1 September 2023
This Annex applies to the agreement between Planet Scout and the User.
If there is any conflict between the General Terms and Conditions and this Annex, this Annex shall control. All other terms between Planet Scout and the User shall remain unaffected.
The contracting Company shall depend upon the domain selected for performance of the contract.
Contracting Company and head office
Applicable Law and Jurisdiction
Planet Scout SAS - A Société par actions simplifiée, registered with the Paris Trade and Companies Register under No. 950 925 008, having its registered office at 6 rue d’Armaillé - 75017 Paris.
www.planetscout.app
Applicable law: French law
Competent jurisdiction: The Commercial Court of Paris
Other national regulations: The Company remains liable for any VAT due, pursuant to Article 283 paragraph 3 of the French General Tax Code, when it is wrongly invoiced.
Company
Football Scout's definition
Planet Scout SAS
Means any individual or legal entity with a SIRET number (French Business ID number) and registered with the Trade and Companies Register, Register of Tradespeople, Special Register kept by the clerk's office of the Commercial Court under whose supervision its business formalities center operates, or the National Register of Associations, or any self-employed individual working pursuant to legal conditions from France or abroad and offering services to Customers via the Marketplace. The term Football Scout is also used for any self-employed individual under the following structures provided by law: cooperatives of independent consultants (SCOP (cooperative enterprise), SCIC (collective interest cooperative), business incubators and umbrella companies.
Company
Customer Experience contact
Planet Scout SAS
support@planetscout.app
Company
Undertakings
Planet Scout SAS
For users that have contracted a mission via Planet Scout, in the event that these Users connected via the Marketplace contract an Assignment outside the Marketplace, the Company will send the Customer an invoice for a lump-sum amount of EUR 2,000 as compensation, which the Customer undertakes to pay upon receipt in accordance herewith.
