Special terms of service

1. Purpose of the special conditions of use

The present Special Conditions of Use (hereinafter “SCU”) apply to the Services offered by Magicos Club. They complete the General Terms of Use of the Magicos Club Services. If this was not already the case, the acceptance of the present TOS implies full acceptance of the General Terms of Use of the Magicos Club Services.

2. Additional definitions

For the purposes of the Special Conditions of Use, the terms below shall have the following definition:

  • Mobile Site means the www.magicos.club website accessible from a smartphone.
  • CPU means these special conditions of use applicable to the Service offered by the Magicos Club website.
3. Purpose of CPUs and current version

The purpose of these TUI is to define the conditions under which Users may access and use the Service. Any User who accesses the Service offered by Magicos Club undertakes to comply, without reservation, with the present CPU. These CPUs are notified to the Users prior to the use of the Service for their express and prior acceptance. If the User does not agree with all or part of the CPUs, he/she must not use the proposed Service. Magicos Club is free to modify the CPU at any time, in particular to take into account any legal, regulatory, jurisprudential and/or technical evolution. The version that prevails is the one that is accessible online on the day of use of the Service concerned. All Users are therefore required to refer to this version on the date of their use of the said service

4. Protection of personal data

Magicos Club or any other third party does not have access to data exchanged between the User and third parties, partners or service providers. They remain strictly confidential. Magicos Club expressly invites the User to consult the specific provisions of its policy on the protection of personal data, applicable to the entire Service, which is an integral part of these TOU.

5. Access and service information

In order to access and benefit from the Service, the User must have at least the following equipment: (1) a sufficiently recent computer or smartphone and (2) an internet connection (at least 3G) with a sufficient speed. If this is not the case, the Service may not be offered in optimal conditions. Magicos Club is only an intermediary between the User and the Partner, Service Provider or Third Party, allowing them to perform or execute a service.

The Service via its basic offer is provided to the User by Magicos Club free of charge. The equipment (computer/smartphone, internet connection…) allowing access and use of the Services are the exclusive responsibility of the User, as well as the electronic communication costs (in particular telephone costs, internet access costs) related to them. It is the User’s responsibility to find out the price of using the said equipment or services from the operators concerned before using the Service.

The User acknowledges that the Service allows him to benefit from paid services and he will be liable to the partner, service provider or third party.

Information provided by Magicos Club about the rates or services of a third party, partner or service provider is provided for information purposes only and for convenience. Magicos Club does not guarantee the accuracy of such information. The final price of a third party’s services may vary. It is the responsibility of the provider, partner or third party to inform the end customer of this.

6. Conditions of access and use of the service

The User undertakes to complete all the necessary information requested of him/her that is essential for the proper use of the Service. In particular, the User must, depending on the case, fill in the banking information that will be necessary for payment of the service or the desired provision. The payment system is outsourced to an approved payment service provider.

The User undertakes not to record, copy or distribute any content or excerpt of content in connection with the Magicos Club service, whatever the means, medium, process or purpose. The User is informed that any infringement of image rights, privacy or professional secrecy may be subject to sanctions, including criminal sanctions.

In case of malfunctioning of any kind whatsoever during the use of a service, the User must immediately inform Magicos.club by email at: hello@magicos.club.

Magicos Club declines all responsibility in the event of a dispute, whatever the reason, between the User and a service provider, partner or third party, not directly attributable to Magicos Club.

Incivilities, verbal or written, against a third party may be prosecuted and the User’s Magicos Club account may be deleted.

Magicos Club cannot ensure the conformity of its product and its use beyond the French jurisdiction.

7. Service description

Users registered on the Site have access to the Services described below. The Services available to magic enthusiasts who have taken out a subscription (hereinafter referred to as the: “Subscription”), as well as their rights and obligations, are also described in the special conditions of use, which can be consulted on the Site.

7.1 User access to the Tools & Solutions database

Magicos Club provides its users with a database of tools and services and other information on which they can consult a set of data, results or analyses as well as the possibility to compare this information with each other. Users expressly acknowledge and agree:

  1. that they may not copy/duplicate/print or sell the information contained on the Magicos.club Site which remains the sole owner.
  2. that their search results can be limited to a maximum number of users and according to their subscription status (basic or premium) defined by Magicos Club.
  3. that Magicos.club will not be held responsible for any incorrect information, analysis or error on the Site. Magicos Club commits itself to do its best to bring transparent, free and unaltered information to its users.
7.2 Registering a user for a test or webinar

A user can, free of charge, subscribe to the tests proposed by a third party, provider or partner of Magicos Club in order to be able to visualize, exchange, share or possibly test this tool or solution.

These possibilities are defined on a case by case basis when registering for these assignments. Magicos Club is only responsible for the good implementation of the relationship between users and third party professionals.

Users have the possibility to request to be put in contact with independent service providers, with whom Magicos Club has concluded a partnership agreement. By doing so, users unilaterally accept that their personal information may be transmitted to these third parties in order to allow this connection.

7.3 Connecting users to make group purchases

Users may freely register for group buying arrangements with third party service providers for the purpose of acquiring a service or product. Registration is free if the user meets the conditions set by Magicos Club at registration and our general user conditions. The functioning of each group purchase process (deadlines, modalities, costs) is detailed before the registration by the user on the Site. Each group buy process is unique and has a time limit. The grouped purchases are reserved for subscribers who have subscribed to the Premium option of the site. An additional cost may exist depending on each group purchase and will be clearly indicated before registration.

Following the registration of a minimum and maximum number of users, Magicos Club negotiates on behalf of the registered users in order to achieve the objectives agreed between the different parties at the time of registration (e.g.: a special discount to be obtained etc.). Even if each purchase assignment is grouped, each registered user will receive a final individual benefit in the form of a physical product or service from Magicos Club or from the partner or third party provider if the negotiation is successful. Indeed, users unilaterally accept that Magicos Club is only responsible for an obligation of means and not of results.

Users will then have access to the results and fruits of this commercial negotiation in a limited or unlimited way according to the specifications set at the time of registration such as, for example, a maximum number of users per discount or a strictly personal discount.

The users will have unlimited access to the connection and its result on their profile even if a maximum number can be freely determined by Magicos Club such as, for example, a maximum number of users per group purchase assignment or a maximum number of uses of the discount granted or even a time limitation of this benefit negotiated by Magicos Club.

Magicos Club will not be held responsible by one or more users for the failure to make or conclude a group purchase with a third party, service provider or partner.

Once the negotiation is complete, Magicos Club has 10 days to provide the result of the service to the registered users.

7.4 Connecting with service providers

Users can ask to be put in touch with independent service providers, with whom Magicos Club has concluded a partnership agreement.

This Matchmaking Service is accessible only within the framework of a Premium Subscription, according to the terms and conditions described in the special terms and conditions.

This connection may be subject to a charge depending on the case. The terms and conditions will be automatically specified to the subscriber before the connection is made.

7.5 Personalized services

At the request of a user, Magicos Club can provide personalised support and advice.

These services are provided by Magicos Club outside the Site. The terms and conditions, particularly financial, of their realization are the subject of a separate agreement between Magicos Club and the third parties concerned (individual, legal entity or other).

7.6 Other Services

Magicos Club reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide said Services.

7.7 Free services

Subject to the provisions applicable in the general and special terms and conditions, the Services are provided free of charge, even if certain services are reserved for the Site’s Premium Subscribers.

8. Contractualization process

The present General Conditions govern the legal and financial conditions binding Magicos Club to the Customer.

The commercial relationship between the Customer and the Provider is born from the meeting between the Customer’s commercial request and the Provider’s offer, offer accepted by the Customer. On the Magicos Club platform, this meeting takes the form of the acceptance by the Customer of a promotional code, a quote sent by the Provider, in response to a need previously materialized by the Customer.

Acceptance of the Service Provider’s offer by the Client results in the issue of Special Conditions.

These Special Conditions include the following elements:

  • The contents of the Benefit,
  • The deadline for the performance of the Service and in particular the expected delivery date,
  • The conditions of realization of the Benefit,
  • The cost of the Benefit.

It is reminded that the total or partial handling of contractualization formalities by Magicos Club is only intended to simplify the management of the relationship between the Customer and the Service Provider. Magicos Club is only bound by an obligation of means. Its interventions, carried out on behalf of its co-contractors, shall not be considered as an interference in the relationship between them.

9. Creating an account on the website/platform

Access to certain features is allowed as a visitor. Nevertheless, in order to benefit from all of the platform’s Services, the User must register by filling out the registration form, which is accessible online on the platform.

The User must provide at least the following information for this purpose:

  • Last name
  • First name
  • Email address

By filling out this form, the Member confirms having read these General Terms and Conditions and agrees to abide by them without reservation.

The Magicos Club Services are reserved for persons legally capable of entering into contracts. The said Services are not accessible to minors, except under the authority of their parents or legal guardian. Any minor accessing the said Services shall be presumed to be acting under the authority of his parents or legal guardian.

The registration is effective after validation of his email address. To this end, each Member will receive, as part of the registration process, at the email address provided by him/her when registering, an email for the purpose of activating his/her account. The Service will only be fully accessible once the Member has fully completed the activation process indicated in this email.

Once registered on the Site, each Member is invited to fill in his or her individual professional profile.

To this end, the Member undertakes to:

  • Provide accurate, truthful, up-to-date and complete information,
  • Update his data regularly,
  • Select a strong and secure password ;
  • Protect the security and confidentiality of your password ;
  • Do not allow a third party to use his own account and risk compromising the security of his personal account and the Site ;

Inform Magicos.club immediately of any unauthorized use of his account, and of any breach of the confidentiality and security of his means of identification, by using the online conversation system available on the Site or by sending an e-mail to hello@magicos.club.

If the Member is not acting on its own behalf, the Member guarantees that it is acting on behalf of a natural person or legal entity that meets the above Conditions, that it legally represents or that it has expressly mandated and authorised it to communicate the information necessary for the use of the platform.

Each Member may modify his or her data at any time by changing the “profile” tab.

Magicos Club makes every effort to ensure the accuracy of the profiles but cannot guarantee the accuracy of the information or documents and is in no way responsible to Members and third parties for any errors, omissions or inaccuracies that may be found in the information provided by a Member.

The Member is solely responsible for any use that may be made of his or her login and password, and is the sole guarantor of their confidentiality, as well as for any use of his or her account, including by his or her negligence.

In the event of the death of the Member, its contents may only be transmitted to the beneficiaries by court order.

10. Duration of services and unsubscription

The Services are subscribed to for an indefinite period, except in the case of the “Premium” formula, for which each contractual period is one year, tacitly renewed without notice before the last day of the renewal date. A non-renewed premium formula automatically becomes a classic free formula.

Users may unsubscribe from the Services at any time and by right, by requesting Magicos Club by email at hello@magicos.club. Magicos Club reserves the right to modify the process for unsubscribing Users at any time.

Unsubscription is effective immediately. It entails the automatic and definitive deletion of the information communicated to Magicos Club when opening or updating the User’s Account as well as all the Documents and other elements stored on the Site in the Personal Space.

By subscribing to the Premium package, users waive their 14-day right of withdrawal in the case of distance selling. As Magicos Club ‘s service is to offer discount in electronic and/or digitized format, this withdrawal period cannot be invoked by users as part of their registration and paid subscription to Magicos Club.

Subscribers must cancel the renewal of their subscription directly on their account. This choice is directly accessible by the user on his account. Magicos Club will not be able to access the user’s account, and no refund will be made, unless the user has deactivated his subscription of his own accord, prior to automatic renewal.

11. Penalties for non-compliance

In the event of a breach of any of the provisions of these Terms and Conditions or, more generally, a breach of the laws and regulations in force by a User, Magicos Club reserves the right to take any appropriate action and in particular to:

  • suspend access to the Services of the User who has committed or participated in the breach or infringement,
  • delete any Content posted on the Site,
  • publish on the Site any information message that Magicos Club considers useful,
  • notify any authority concerned,
  • initiate any legal action.

In the event that the User fails to comply with an essential obligation arising from these General Terms and Conditions, Magicos Club reserves the right to terminate the User’s right of access to all or part of the Services, fifteen (15) days after the User has received a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply this clause, without prejudice to any damages that may be claimed from the User. It will automatically lead to the deletion of the User’s Account, without prejudice to any other consequences that may arise in application of these General Conditions.

12. Prohibited behaviour

It is strictly forbidden to use the Services for the following purposes:

  • engaging in activities that are illegal, fraudulent or that infringe the rights or safety of third parties,
  • breach of public order or violation of the laws and regulations in force,
  • Intrusion into a third party’s computer system or any activity that could harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
  • the sending of unsolicited emails and/or commercial prospecting or solicitation,
  • Actions to improve the referencing of a third party site,
  • the use of the Site to disseminate information or links redirecting to a third party site,
  • aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
  • and more generally any practice that diverts the Services to purposes other than those for which they were designed.

It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Magicos Club website.

The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Magicos Club’s systems, (iii) any misappropriation of the Site’s system resources, (iv) any actions likely to impose a disproportionate burden on the latter’s infrastructure, (v) any infringement of security and authentication measures, (vi) any act that may prejudice the financial, commercial or moral rights and interests of Freelance Stack or of the users of its Site, and more generally (vii) any breach of these General Conditions.

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.

It is strictly forbidden to manually or automatically copy/duplicate/crawl the content of www.magicos.club. The term crawler, crawl robot or spider, refers in the world of computing to an indexing robot. Concretely, it is a software whose main mission is to explore the Web in order to analyze the content of visited documents and store them in an organized manner.

13. Service prices

The amount of the services invoiced by Magicos Club to the Customer in return for the use of the platform and the Services offered to him are of two kinds:

  • free of charge as part of the basic package
  • paying within the framework of the premium formula via an annual subscription fixed at €29,00 HT (twenty nine euros excluding taxes)

Each premium subscription is for a period of one year (365 days) from the date of subscription. The total amount of the Subscription Service will be paid in Euros (€) at the time of validation of the registration by the customer.

The Services are subscribed to for an indefinite period, except in the case of the “Premium” package, for which a fee is charged for each contractual period. The one-year term for the premium package is tacitly renewed without termination by either party before the last day of the renewal date. A non-renewed premium package is automatically transformed into a classic free package.

By subscribing to the Premium package, users waive their 14-day right of withdrawal in the case of distance selling. As Magicos Club ‘s service is to offer discount in electronic and/or digitized format, this withdrawal period cannot be invoked by users as part of their registration and paid subscription to Magicos Club.

Subscribers must cancel the renewal of their subscription directly on their account. This choice is directly accessible by the user on his account. Magicos Club will not be able to access the user’s account, and no refund will be made, unless the user has deactivated his subscription of his own accord, prior to automatic renewal.

14. Terms of payment for services and other products

Magicos Club may invoice the Customer for special services in addition to the Subscription formula. This amount will be clearly indicated at the time of purchase or at plan of each product or service. Magicos Club will then be considered as an intermediary between the final Customer and the provider of the product or service offered, unless it is performed by Magicos Club itself.

15. In the absence of delivery of the project/service by a third party (contractor, partner, etc.)

In case of non-delivery by the Service Provider within the agreed timeframe, Magicos Club shall not be held liable due to its sole role as intermediary. The Customer will not be reimbursed for the payment made as it only remunerates Magicos Club via its role as intermediary.

16. In the event of withdrawal by a third party (service provider, partner, etc.)

In the event that the Service Provider is unable to meet its obligations as described in the General Terms and Conditions, it must notify Magicos Club immediately at the following email address: hello@magicos.club and at the latest within 2 working days days of acceptance following an offer or negotiation.

Magicos Club shall not be held liable for its sole role as intermediary. The Customer will not be reimbursed for the payment made as it only remunerates Magicos Club via its role as intermediary.

Effective date or last update: March 11, 2024