GENERAL CONDITIONS OF USE OF THE WEBSITE1 - Object
These general terms and conditions are intended to define the terms and conditions of use of the services offered on the website (hereinafter referred to as the "Services ****"), as well as to define the rights and obligations of the parties in this context. They are particularly accessible and printable at any time by a direct link at the bottom of the homepage of the website. They may be supplemented, as appropriate, by specific terms and conditions for certain Services. In the event of a contradiction, the specific terms and conditions shall prevail over these general terms and conditions.
2 - Service Operator
The Services are operated by the company Garantme, SAS with a share capital of 10,000 euros, registered in the RCS of Bobigny under number 832 523 344, whose registered office is located at 9 rue des colonnes, 75002, Paris, France (hereinafter referred to as "Garantme").
Director of Publication: Thomas Reynaud
Publisher: SAS Garantme
Hosting: The garantme.fr website is hosted by the company Amazon Web Services (AWS) in the Paris and Frankfurt geographic zones.
Garantme can be contacted at the following coordinates:
Mailing address: 9 rue des colonnes, 75002, Paris, France
Email address: firstname.lastname@example.org
3 - Access to the site and the Services
The Services are accessible, subject to the restrictions provided on the website:
to any natural person who has full legal capacity to enter into these general terms and conditions. A natural person who does not have full legal capacity can only access the Site and Services with the consent of their legal representative;
to any legal entity acting through a natural person who has the legal capacity to contract on behalf of and for the account of the legal entity.
4 - Acceptance of the general conditions
Acceptance of these general terms and conditions is indicated by a checkbox in the registration form. This acceptance must be full and complete. Any reservation upon acceptance is considered null and void. The User who does not accept to be bound by these terms and conditions should not use the Services.
5 - Registration on the site
5.1 - The use of the Services requires that the User register on the website, by filling out the form provided for this purpose. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.
The registration automatically opens an account in the name of the User (hereinafter referred to as the "Account"), giving them access to a personal space (hereinafter referred to as the "Personal Space") that allows them to manage their use of the Services in a form and according to the technical means that Garantme deems most appropriate for providing said Services.
The User guarantees that all the information they provide in the registration form is accurate, up-to-date, and sincere and is not misleading. They undertake to update this information in their Personal Space in case of changes, so that it always corresponds to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating their Account is proof of their identity. The information entered by the User binds them upon validation.
5.2 - The User can access their Personal Space at any time after identifying themselves using their login ID and password.
The User undertakes to personally use the Services and not to allow any third party to use them on their behalf or for their account, unless they fully assume responsibility for it.
They are equally responsible for maintaining the confidentiality of their login ID and password. They must immediately contact Garantme at the coordinates mentioned in Article 2 of these terms and conditions if they notice that their Account has been used without their knowledge. They acknowledge Garantme's right to take appropriate measures in such case.
6 - Description of Services
The User has access to the Services described on the website, in a form and with the functionalities and technical means that Garantme deems most appropriate.
7 - Paid Services
7.1 - Pricing
The price of the Services is indicated on the website. Unless otherwise stated, they are expressed in euros and include all applicable French taxes. Garantme reserves the right, at its sole discretion and in a manner it deems appropriate, to offer promotional offers or price reductions.
7.2 - Price
Revision The price of the Services may be revised by Garantme at any time, at its sole discretion. The User will be informed of these changes by Garantme via email with a notice period of at least 2 weeks before the new rates come into effect.
7.3 - Invoicing
The Services are subject to invoices that are communicated to the User through any useful means.
7.4 - Payment Methods
The payment methods for the price of the Services are described on the website. Payment is made through automatic debit from the User's credit card number. The debit is carried out by the payment service provider designated on the website, which solely retains the User's banking information for this purpose. Garantme does not retain any banking information. The User guarantees to Garantme that they have the necessary authorizations to use the chosen payment method. They undertake to take the necessary measures to enable the automatic debit of the price of the Services.
8 - Data
The User recognizes and expressly agrees:
- that the data collected on the website and on Garantme's computer equipment is evidence of the reality of the operations carried out under these terms and conditions;
- that this data constitutes the only mode of proof accepted between the parties, in particular for the calculation of amounts due to Garantme.
The User can access this data in their Personal Space.
9 - User Obligations
Without prejudice to other obligations provided for in these terms and conditions, the User undertakes to comply with the following obligations:
9.1 - The User undertakes, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, they are solely responsible for the proper completion of all formalities, including administrative, tax and/or social, and for all payments of contributions, taxes or duties of any nature that may be incumbent upon them, if any, in relation to their use of the Services. Garantme's liability cannot be engaged in this regard.
9.2 - The User acknowledges having read on the website the characteristics and constraints, including technical, of all Services. They are solely responsible for their use of the Services.
9.3 - The User is informed and agrees that the implementation of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, which they are solely responsible for.
9.4 - The User is also solely responsible for the relationships they may establish with other Users and the information they communicate to them in the context of the Services. It is up to them to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes, in their exchanges with other Users, to respect the usual rules of politeness and courtesy.
9.5 - The User undertakes to make strictly personal use of the Services. They therefore undertake not to transfer, grant or transfer any or all of their rights or obligations under these terms and conditions to a third party, in any way whatsoever.
9.6 - The User undertakes to provide Garantme with all necessary information for the proper execution of the Services. More generally, the User undertakes to actively cooperate with Garantme in order to ensure the proper execution of the Services.
9.7 - The user is solely responsible for the content of any kind (textual, graphic, audiovisual or other, including the name and/or image possibly chosen by the user to identify themselves on the site) that they distribute as part of the Services (hereinafter referred to as "Content").
They guarantee to Garantme that they have all the necessary rights and permissions to distribute this Content. They undertake that said Content is lawful, does not harm public order, good morals or the rights of third parties, does not violate any legislative or regulatory provisions and, more generally, is in no way likely to result in civil or criminal liability for Garantme.
The user prohibits the distribution, including but not limited to:
- pornographic, obscene, indecent, shocking or inappropriate for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content,
- counterfeit Content,
- Content that harms the image of a third party,
- Content that is false, misleading or promoting or promoting illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.) and, more generally,
- Content that may harm the rights of third parties or be prejudicial to third parties, in any way and in any form.
9.8 - The User acknowledges that the Services offer an additional but not alternative means of achieving the same goal compared to the means he/she already uses, and that this solution cannot substitute for these other means.
9.9 - The User must take the necessary measures to save the information from his/her Personal Space that he/she deems necessary, and no copy will be provided to him/her.
9.10 - The User is informed and agrees that the implementation of the Services requires an internet connection and that the quality of the Services directly depends on this connection, which the User is solely responsible for.
10 - User's Warranty
The User warrants to Garantme against any complaints, claims, actions and/or claims of any kind that Garantme may suffer due to the User's violation of any of his/her obligations or warranties under these terms and conditions.
The User agrees to indemnify Garantme for any damage it may suffer and to pay it all the fees, charges and/or penalties it may incur as a result.
11 - Prohibited Behaviors
11.1 - The use of the Services for the following purposes is strictly prohibited:
- The exercise of illegal, fraudulent, or harmful activities to the rights or security of third parties,
- The disruption of public order or violation of current laws and regulations,
- Intrusion into a third party's computer system or any activity that may harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- Sending unsolicited emails and/or commercial prospecting or solicitation,
- Manipulations aimed at improving the ranking of a third-party site,
- Helping or inciting, in any form or manner, one or more of the acts and activities described above,
- And more generally, any practices that divert the Services for purposes other than those for which they were designed.
11.2 - It is strictly forbidden for Users to copy and/or divert for their own use or for third parties the concept, technologies, or any other element of the Garantme website.
11.3 - The following are also strictly prohibited: (i) all behaviors that interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) all intrusions or attempts to intrude into the Garantme systems, (iii) all diversions of the system resources of the site, (iv) all actions that impose an disproportionate load on its infrastructure, (v) all violations of security and authentication measures, (vi) all acts that harm the financial, commercial or moral rights and interests of Garantme or users of its site, and more generally (vii) any failure to comply with these general conditions.
11.4 - It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the site, as well as to the information hosted and/or shared there.
12 - Sanctions for breaches
In the event of a breach of any of the provisions of these general terms and conditions or more generally, a violation of applicable laws and regulations by a User, Garantme reserves the right to take any appropriate action and in particular to:
- suspend or terminate the User's access to the Services who committed the breach or violation, or participated in it,
- remove any content posted on the site,
- publish on the site any information message that Garantme considers useful,
- notify any concerned authority,
- take any legal action.
13 - Responsibility and guarantee of Garantme
13.1 - Garantme is committed to providing the Services with diligence and in accordance with industry standards, it being specified that there is a duty of care, excluding any obligation of results, which the Users expressly acknowledge and accept.
13.2 - Garantme has no knowledge of the Contents posted online by the Users as part of the Services, on which it performs no moderation, selection, verification or control of any kind and with regard to which it only intervenes as a hosting provider.
As a result, Garantme cannot be held responsible for Contents, whose authors are third parties, any claim should be addressed first to the author of the Contents in question.
Prejudicial Contents to a third party can be subject to notification to Garantme in accordance with the procedures provided for in Article 6 I 5 of the law No. 2004-575 of June 21, 2004 for confidence in the digital economy, Garantme reserving the right to take the measures described in Article 12.
13.3 - Garantme disclaims any liability in the event of any potential loss of information accessible in the User's Personal Space, the User must make a copy and cannot claim compensation for this.
13.4 - Garantme is committed to regularly carrying out checks to verify the operation and accessibility of the site. For this purpose, Garantme reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Garantme cannot be held responsible for any temporary difficulties or impossibilities of accessing the site that are due to circumstances outside of its control, force majeure, or disruptions to telecommunications networks.
13.5 - Garantme does not guarantee to the Users (i) that the Services, which are subject to constant improvement, including in terms of performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not specifically offered for the sole intention of a given User based on their personal constraints, will specifically meet their needs and expectations.
13.6 - In any case, the liability that may be incurred by Garantme under these terms and conditions is expressly limited to the direct damages suffered by the User.
14 - Intellectual property
The systems, software, structures, infrastructure, databases and contents of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) exploited by Garantme on the site are protected by all intellectual property rights or database producers' rights. These elements are the exclusive property of Garantme. Any reproduction, representation, use, adaptation, modification, incorporation, translation, commercial exploitation, in whole or in part, of these elements, without the prior written consent of Garantme, is strictly prohibited.
15 - Personal Data
Garantme implements a personal data protection policy, the characteristics of which are outlined in the document entitled "Data Protection Policy," which the User is expressly invited to review on the website.
16 - Advertising
Garantme reserves the right to insert advertising or promotional messages on any page of the site and in any communication to Users in a form and under conditions that Garantme alone will judge.
17 - Links and Third-Party Sites
Garantme cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User may access through the site.
Garantme is also not responsible for transactions between the User and any advertiser, professional or trader (including its possible partners) to whom the User may be directed through the site and cannot in any way be party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, guarantees, statements, and any other obligations that these third parties are required to meet.
18 - Duration of Services, Unsubscription
Services are subscribed for an indefinite duration.
The User can unsubscribe from the Services at any time by sending a request to this effect to Garantme by email to the coordinates mentioned in Article 2.
Unsubscription is effective immediately. It results in the automatic deletion of the User's Account.
19 - Modifications
Garantme reserves the right to modify these terms and conditions at any time.
The User will be informed of these modifications by any useful means.
A User who does not accept the modified terms and conditions must unsubscribe from the Services according to the procedures outlined in Article 18.
Any User who uses the Services after the entry into force of the modified terms and conditions is considered to have accepted these modifications.
20 - Language
In the event of a translation of these terms and conditions into one or more languages, the interpretation language will be French in case of contradiction or dispute over the meaning of a term or provision.
21 - Applicable law and jurisdiction
These terms and conditions are governed by French law.
In the event of a dispute regarding the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except for imperative rules of procedure.
22 - Entry into force
These terms and conditions took effect on 11/01/2017.