General Terms of Use

The present General Terms of Use rule the conditions for the use of the present Platform (also referred to as the 'Service').


INTRODUCTION

The main objective of this document is to define the terms and conditions through which A PLUS C proposes the Service jem. The Service is a community service that allows a User or an Organization having an account on the Platform (named below “the User” or “the Organization”) to organize the company project and optimize the teams' management.

An organization can be a company, a charity, or a group of people who have shared interests/projects.

The service can be accessed freely for a trial period agreed between A PLUS C and the User or the Organization, but access in the long run to some or all the service features can only be possible against payment to A PLUS C according to terms defined separately from those in this document.

Access to and use of the Service are ruled by this document, accepted expressly and unconditionally by the User or the Organization, at all time.

A PLUS C reserves the right to modify, interrupt or stop the Service at any time.

A PLUS C reserves the right to modify at all times the present General Terms of Use, the Organization and the User being informed when there is any development. Any new use of the service by the Organization or simple user after the General Terms of Use have been modified will be considered in its own right like a strict and definitive acceptance of these modified General Terms of Use.

At any given time A PLUS C reserves the right to suspend or terminate the use of the Service by an Organization or a User in the event of a breach.

ARTICLE 1 : SUBSCRIPTION

1.1 Technical Prerequisites

In order to use the Service, the User must be able to freely use a microcomputer, a tablet computer or a mobile terminal unit, configured and programmed, and have enough technical knowledge so he can use the Service normally. It is stated that some software programs may need to be installed in order to access the Platform. Therefore, assuming that the User's microcomputer is not compatible with the technologies used by the Platform, the User might not be able to use some services or access some pieces of information that are in the Platform. Generally speaking, the User shall have all the necessary set-up, especially a computer or a compatible mobile terminal unit, a modem or any other connecting tool, in order to ensure a connection to the Web.

1.2 Access to the Service

In order to access the Service and consult the different features offered as part of the said Service (and in particular accessing contributions posted by the Users), the User must sign in before via a login and a password. Users should keep their credentials private, because they are responsible for any illegal use of it.

1.3 Use of the features as part of the Service

When the Users wish to use the features provided by our Service, they must be logged-in through their user Account.

All the Users are associated to their profiles. The Users will have the possibility to modify and customize their profiles on the Service.

Every contribution published in any way possible, or interaction with other users of the Service, shall be classified as semi-public, once their identification by other users of the same organization is possible at any time. Using the Service does not and never will guarantee anonymity for the User, who certifies being aware of this, and agrees to it unconditionally.

Every damaging repercussion linked to a published content or use of the service will never entail the responsibility of A PLUS C.

The Users are informed that they are the only ones responsible for keeping their own Login and password private. They commit to informing A PLUS C of any illicit use of their Login and password immediately, and/or of any attempt to jeopardize the privacy of their login details. A PLUS C shall not be held accountable in case of loss or damage occurring if the conditions above were breached.

ARTICLE 2 : SUBSCRIBER RESPONSIBILITY

2.1 General obligations

The User is the only one responsible for the Contents he or she publishes as part of the Service and any other space allowing the User to communicate on the Platform.

For this reason, the published Contents must respect the applicable legal and regulatory provisions, as well as the provisions of the present General Terms of Use. Furthermore, the said Contents must not affect the rights of third parties or the reputation of the Service and/or A PLUS C.

Moreover, any attempt at reverse-engineering, partial or total copying of the Platform's code, extracting from the data base or from the user base, introducing a virus or a malware is strictly forbidden and will be subject to any suitable measure before the competent courts.

ARTICLE 3 : A PLUS C RESPONSIBILITY

The present Jemanage Service provided by A PLUS C is a hosting service specialized in online communications and therefore accepts the responsibility defined by article 6-I-2 of the French Law on Confidence in the Digital Economy (June 21th 2004). A PLUS C declines any responsibility regarding :

- the Contents published by the Organization and/or the Users as part of the Service and illicit use that could be made of the said Contents,

- any damage that a User might suffer from because of someone else using his or her password, whether the User had knowledge of such use or not, or unauthorized access to the User's Account by a third party.

The Users commit to warning the Organization or A PLUS C about any unauthorized use of their User Accounts that they would know of, or about any other attempt on the privacy of their Accounts. A PLUS C shall not be held responsible for consequences resulting from a third party accessing a User's Account as part of the Service.

A PLUS C is responsible for setting up the means necessary to the well functioning of the Service and takes the necessary measures to ensure the continuity and quality of the Service.

ARTICLE 4 : PAYMENT, SUBSCRIPTION AND TERMS OF USE

Monthly Subscription

By the 'duration' of the Services contract of use, as part of a monthly subscription, we mean Initial period, and Renewal period, as described below.

The Initial period refers to the time period between the date when your first subscription begins, which is the day of your first payment and/or the day you agreed to our General Terms of Use (in case of a timing difference, we will take into account the latest date), until the last day of the contract expiry, one month after the beginning of your subscription as part of a monthly subscription.

The Renewal period begins on the first day following the end of the previous contract, and ends one month later.

Annual Subscription (prepaid service)

An annual subscription is a prepaid service, which means you subscribe to the Services for more than a month, therefore paying for several months in advance

In the case of a prepaid service, the validity period of the contract starts on the first day you pay for the service, and/or when you agree to our General Terms of Use (in case of a timing difference, we will take into account the latest date) and stops when the following year ends with reference to the day you started your subscription.

Tacit Renewal

Subscription to the Services is renewed automatically and tacitly, and can, at the latest, be contested until the day before your contract ends. The renewal will take effect on the day just after your contract is to end, and will cover the same time period as the one you first subscribed for (either monthly or annually). The present General Terms of Use will fully apply during the whole renewal period.

Payment

Once you subscribe to the Services, you commit to paying the subscription rights, applicable rights, fees and taxes. Unless otherwise stated by A PLUS C, you agree to being billed by Bank Card, whether it be a unique payment, a renewed payment as part of the automatic renewal of subscription to our Services, payment of potential extra charges linked to the end of the contract or other charges and/or fees payable to A PLUS C. Unless otherwise agreed, none of the rights, fees and taxes payed are refundable.

Taxes and fees linked to the Services : A PLUS C is not responsible for the taxes and/or other legal fees that could be owed besides subscription rights. You agree to being liable for the payment of these fees and taxes, if required.

ARTICLE 5 : SERVICE DELIVERY : SUPPORT, EVOLUTION, SUSPENSION, STOPPAGE

A PLUS C reserves the right to modify, interrupt or stop the Service at any given time. Therefore, the company shall not be held responsible.

A PLUS C provides the customers with an email address - support@aplusc.fr – whose goal is to improve the technical and functional quality of the product. A PLUS C shall never be responsible for the quality of the requests or their processing time.

A PLUS C reserves the right to make changes to the Service, especially by making new features available, or by modifying or deleting some features. The User will be informed of any changes made to the General Terms of Use before they take effect.

In any case, the Organizations and the Users who would not agree to some parts of the General Terms of Use, or all of it, must stop using the Service immediately.

ARTICLE 6 : TERMINATION OF THE ACCOUNT AND STOPPAGE OF THE SERVICE

6.1 Termination by A PLUS C

Every termination initiated by A PLUS C shall be notified by an email sent to the User's email address. A PLUS C has the right to suspend then delete any account, belonging to a User or an Organization, if the said account has been inactive for 12 (twelve) months.

6.2 Termination by the User

Users may terminate their account at any given time by logging into their account and accessing the section dedicated to that. When Users or Organizations proceed to delete their account or particular data, it shall be effective immediately in the Service interface, but, for legal reasons and for back-up, those contents will be stored by A PLUS C for 12 (twelve) months after the termination request.

ARTICLE 7 : PERSONAL DATA

The User is the only one responsible for the personal data communicated through the Service and declares that they are perfectly exact. The data that are collected as part of the Service are processed and used by A PLUS C as part of the provision of the Service and to send emails to the User. In accordance with the EU Directives regarding the protection of personal data, the User can, at any given time, access the personal data concerning him or her and detained by A PLUS C, and can ask for them to be modified or deleted, directly on the Platform in the dedicated section.

The Organisation that has subscribed to the Service commits to never personally processing personal data of the Service users in a way that would not be in accordance with the law, and commits to declaring everything that would be necessary to the competent authorities.

ARTICLE 8 : BRAND AND COPYRIGHTS

A PLUS C is the sole owner of the names, acronyms, colors, graphic designs or other distinctive signs, database and copyrights used as part of the Service. The User may not publish, distribute, extract, reuse or reproduce the said elements in any form or on any medium (including photocopying them or stocking them on any type of electronic medium).

ARTICLE 9 : GOVERNING LAW

9.1 Generalities

If one or more clauses of these General Terms of Use are void are declared as such by a law, a regulation or following a definitive ruling by a competent court, the other clauses shall remain in force to their full extent. The stipulations declared void or invalid will then be replaced by stipulations that closely match the content of the stipulations initially adopted. Parties will not be held accountable, or regarded as having failed in the present General Terms of Use, for any delay or non-performance, when the cause of the delay or non-performance is linked to a force majeure event, as defined by the French case law. The present General Terms of Use represent the entire agreement between the Parties and supersede any previous statements or understandings, whether written or oral, concerning its subject matter.

9.2 Complaints

Any complaint or protest relating to the Service must be submitted in writing to the following address : A PLUS C – 4, Quai Jean Moulin 69001 LYON.

The present General Terms of Use are subject to French law, no matter where the headquarters of the Organization subscribing to the Service are, and no matter the country from which a user would use the Service.

In case of dispute concerning the interpretation, execution or validity of the present General Terms of Use and of the Service, the competent Court will automatically and without exceptions be one that is submitted to the Paris Courts.