GENERAL CONDITIONS FOR USE OF WEBSITE AND APPLICATION
The objective of these general conditions is to define the terms and conditions for the use of the services offered on the website (hereafter referred to as the “Services”), as well as to define the rights and obligations of the parties within this framework.
They are accessible and available to print at all times via a direct link at the foot of the website’s homepage.
They can be supplemented, where appropriate, by special conditions of use for particular Services. In the case of any contradictions, the special conditions take precedence over the general conditions.
2. SERVICES OPERATOR
The Services are operated by the Raisin, SASU company with share capital of 5000 euros, registered with the trade and companies register (RCS) in Paris with number 817 402 878 00018 and head office address 88, rue de la Villette, bât. B (hereafter referred to as “Raisin”).
Raisin can be contacted via the following:
Postal address: 88, rue de la Villette – Bât. B, 75019 Paris, FRANCE Email address: firstname.lastname@example.org
3. ACCESS TO WEBSITE AND SERVICES
The Services are accessible, subject to the restrictions laid out on the website:
– To any natural person having the legal capacity to commit to these general conditions. Any natural person without the legal capacity to commit to these general conditions may not access the Website or Services without the approval of their legal representative;
-To any legal person acting through a natural person with the legal capacity to enter into contracts in the name and on behalf of the legal person.
4. ACCEPTANCE OF GENERAL CONDITIONS
The acceptance of these general conditions is realised through a checkbox in the registration form. This acceptance must be full and total. Any conditional adherence is considered null and void. Any User who does not accept these general conditions must not use the Services.
5. REGISTRATION ON THE WEBSITE
5.1 The use of Services requires the User to register on the website by filling out the form provided. The User must supply all of the information marked as required. Any incomplete registration will not be approved.
Registration automatically results in the creation of an account in the name of the User (hereafter referred to as the “Account”), giving them access to a personal area (hereafter referred to as “Personal Area”) which will allow them to manage the use of Services in one form and according to the technical means which Raisin considers the most appropriate for delivering said Services.
The User guarantees that all information given on the registration form is accurate, up-to-date, truthful and not misleading.
They commit to updating this information in their Personal Area in the event of any changes, so that it always adheres to the above criteria.
The User is informed and accepts that the information provided for the creation and updating of their Account serves as proof of their identity. The information provided binds them after being validated.
5.2 The User can always access their Personal Area after being identified with their login name and password.
The User commits to using the Services personally and does not allow a third party to use them in their place or with their Account, unless they take full responsibility for this.
They are equally responsible for managing the privacy of their login name and password. They must contact Raisin immediately with the contact information in Article 2 of these conditions if they notice that their account has been used without their knowledge. They grant Raisin the right to take any appropriate necessary measures in such a case.
6. DESCRIPTION OF SERVICES
The User has access to the Services described on the site, in a form and in accordance with the functions and technical means which Raisin considers appropriate.
7. FREE SERVICES
The Services are provided free of charge.
The User expressly recognises and accepts:
(i) That the data gathered on the Raisin website and software offers proof of the verity of the transactions within this framework;
(ii) That this data constitutes the only method of proof allowed between the parties, particularly for calculating the sums owed to Raisin.
The User can access this data in their Personal Area.
9. USER OBLIGATIONS
Without prejudice to other obligations set out herein, the User commits to respecting the following obligations:
9.1 The User commits, through their use of the Services, to respecting the laws and regulations in effect and will not infringe on the rights of others and on public order.
They are solely responsible for the correct fulfilment of all formalities, particularly administrative, financial and/or social, and of all payments of fees, taxes and levies of any kind incumbent upon the User, where appropriate, in relation to their use of Services. Raisin cannot be held responsible whatsoever on this basis.
9.2 The User acknowledges the features and constraints, particularly the technical ones, regarding the Services on the website. They are solely responsible for their use of the Services.
9.3 The User is aware of and accepts that the implementation of the Services requires a connection to the internet and that the Services’ quality depends directly on this connection for which the User is solely responsible.
9.4 The User is also solely responsible for the ties they could forge with the other Users and the information they shares with the latter in the context of the Services. It is up to the User to exercise caution and judgement appropriate to these ties and communications. The User commits, furthermore, to respecting the normal rules of politeness and courtesy in their interactions with others.
9.5 The User commits to using the Services in a strictly personal manner. It is forbidden to cede, concede or transfer all or any part of their rights or obligations under these conditions to a third party, in any way whatsoever.
9.6 The User commits to supplying Raisin with all of the information necessary for the successful implementation of the Services. More generally, the User commits to actively cooperating with Raisin for the proper implementation of these conditions.
9.7 The User is solely responsible of content of any nature (editorial, graphic, audiovisual or other, including the name and/or the image chosen by the User to be identified with on the website) which they share in the Services’ framework (hereafter referred to as the “Content”).
They guarantee to Raisin that they have all the necessary rights and authorisations for sharing the Content.
They ensure that this Content is lawful, does not disrupt public order, good morals and the rights of others, that it does not violate any legislative, regulatory or general provisions, and that it does not jeopardize the civil or legal responsibilities of Raisin.
The User is thus forbidden from sharing the following in particular, but not exhaustively:
– Content which is pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– counterfeited Content,
– Content which is detrimental to the image of another,
– Content which is misleading, deceptive or proposes or promotes unlawful, fraudulent or deceptive activities,
– Content which is harmful to the software of others (such as viruses, worms, Trojans, etc),
– and more generally, any Content liable to infringe on the rights of others or be detrimental towards others, in whatever manner or form.
9.8 The User acknowledges that the Services offer them a supplementary solution but not an alternative to the means they already use from elsewhere in order to achieve the same objectives, and that this solution could not substitute these other means.
9.9 The User must take the necessary measures to safeguard, through their own means, the information from their Personal Area which they judge necessary, and of which no copy will be supplied.
9.10 The User is made aware of and accepts that the implementation of Services requires the User to be connected to the internet and that the quality of the Services depends directly on this connection, of which the User is solely responsible.
10. USER’S GUARANTEE
The User guarantees Raisin against all complaints, claims, actions and/or grievances that Raisin could suffer due to a breach by the User of any of its obligations or guarantees under these general conditions.
They must compensate Raisin for any loss suffered and pay any fees, expenses and/or convictions it may have to endure because of such a breach.
11. PROHIBITED BEHAVIOUR
11.1 It is strictly forbidden to use the Services in the following ways:
– in the exercise of activities which are illegal, fraudulent or which violate the rights and safety of others,
– in the breach of public order or violation of laws and regulations,
– to intrude into the computer system of a third party or carry out any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violating its integrity or security,
– sending unsolicited email and/or canvassing or commercial solicitation,
– operations aimed at improving the ranking of a third site,
– helping or inciting in any form and by any means whatsoever one or more of the acts and activities described above
– and more generally any practice which uses 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 towards their own purposes or those of third parties the idea, the technologies or any other aspect of the Raisin site.
11.3 The following are also forbidden: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of Services, (ii) any intrusion or attempted intrusion into Raisin systems, (iii) any diversion of site system resources, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any violation of security and authentication measures, (vi) any act which violates the financial, commercial or moral rights and interests of Raisin or Users of its site, and finally more generally (vii) any breach of these general conditions.
11.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or to the site, and the information hosted and/or shared.
12. VIOLATION SANCTIONS
In the case of a breach of any of provisions of these general conditions or, more generally, violations of the laws and regulations in effect by a User, Raisin reserves the right to take any appropriate action, including:
(i) suspending or terminating access to Services for the User, perpetrator of the breach or offence, or participant,
(ii) deleting all content uploaded to the site,
(iii) publishing any information deemed appropriate by Raisin on the website,
(iv) alerting any relevant authority,
(v) undertaking legal action.
13. RESPONSIBILITY AND GUARANTEE OF RAISIN
13.1 Raisin is committed to providing the Services with due diligence and according to the sate of the art, specifying that the obligation of means weighs on Raisin, to the exclusion of any obligation of results, which Users expressly recognize and accept.
13.2 Raisin has no knowledge of the Content posted by Users in the context of the Services, on which it performs no moderating, selecting, verification or control whatsoever and for which it acts solely as a hosting provider.
Accordingly, Raisin cannot be held responsible for Content authored by third parties so any complaints should be directed first to the author of the Content in question.
Raisin may be alerted about Content which is harmful to a third party in the manner provided by Article 6 I 5 of law No. 2004-575 of 21st of June 2004 on Confidence in the Digital Economy, Raisin reserving the right to take the measures described in Article 12.
13.3 Raisin declines any responsibility for any loss of information accessible in the User’s Personal Area. The User must save a copy and cannot claim any compensation in this respect.
13.4 Raisin is committed to conducting regular checks to verify the functioning and accessibility of the site. To this end, Raisin reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Raisin cannot be held responsible for temporary site access difficulties or unavailability emanating from external circumstances, force majeure, or which are due to disruptions in the telecommunication networks.
13.5 Raisin does not guarantee Users that (i) the Services, subject to constant research to improve the performance and progress, will be completely free of errors, defects or faults, or (ii) that the Services, being standard and not offered for the sole use of a given User based on their own personal demands, specifically meet their needs and expectations.
13.6 In any event, any liability which may be incurred by Raisin is expressly limited to proven direct damages suffered by the User.
14. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of any kind (text, images, visual content, music, logos, trademarks, database, etc…) operated by Raisin in the site are protected by all existing intellectual property rights or the rights of producers of databases. All disassembling, decompiling, decrypting, extractions, reuse, copying and more generally any act of reproduction, representation, distribution and use of any of these elements, as a whole or in part, without permission from Raisin is strictly prohibited and may be subject to prosecution.
15. PERSONAL DATA
Raisin reserves the right to insert on any page of the site and any communications to Users any advertising or promotional messages in a form and under conditions of which Raisin will be the sole judge.
17. LINKS AND THIRD SITES
17. LINKS AND THIRD SITES
Raisin can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Users can access through the site.
Raisin is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) towards which the User is guided through the website and Raisin can in no event be party to any potential disputes with such third parties concerning, in particular, the delivery of products and/or Services, guarantees, statements and any other obligations to which such third parties are held accountable.
18. LENGTH OF SERVICES, UNSUBSCRIBING
The Services are subscribed to for an indefinite period of time.
Users can unsubscribe from Services at any time by sending a request to Raisin’s email (contact details provided in article 2).
Unsubscription is effective immediately. The User’s Account will automatically be deleted as a result.
Raisin reserves the right to modify these terms and conditions at any time.
The User will be informed of these changes by any means available.
Users who do not accept the modified terms and conditions must unsubscribe from the Services following the steps laid out in Article 18.
Any User who uses the Services after the implementation of the modified terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these general conditions into one or multiple languages, the language for interpretation will be French in the case of any contradictions or disputes surrounding the meaning of a term or provision.
21. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
In the case of a dispute on the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, except in the case of contrary mandatory procedural rules.
These general conditions were implemented on the 7th of March 2016.