TERMS AND CONDITIONS OF USE OF SERVICE
The goal of the present terms and conditions for use (hereafter referred to as “T&C”) is to determine the rules of use of the Application published by the WIIDII company, simplified joint-stock company with a capital of 586 024.37 euros, registered at the Chamber of Commerce of Bordeaux under the number 803025972, and whose headquarters are located at 3 rue Allée Fabre d’Églantine ¬ 33160 SAINT MEDARD EN JALLES, FRANCE, phone number: +33 (0)5 56 23 44 95, email: email@example.com, VAT number: FR 90 803 025 972.
Preliminary article: definitions
The terms beginning with a capital letter in the present T&C, whether they be used in singular or in plural form, will have the following meaning:
“Service”: refers to the services of personal assistance offered by the WIIDII company and addressed to the Final User, consisting namely in a dematerialised service of reservations and of linking to Service Providers in a view to selling goods or supplying a service.
“Application”: refers to the application software developed by WIIDII for mobile terminals, accessible from the download platforms “App Store” and “Google Play” and enabling the Final Users to have access to the Services.
“Service Provider”: refers to the natural person or legal entity that is acting on a professional basis and that is linked with the Final User for the execution of one or more services, namely the transport of persons, hotels, catering, events, personal or technical assistance, etc.
“Member Professional”: refers to a natural person or legal entity that has subscribed a specific contract with the WIIDII company to put at the disposal of the Final User, designated and authorised by name, a Service.
“Final User”: refers to the user acting as a consumer and who has subscribed to the services offered by WIIDII, after authorisation by a Member Professional and subscription to a membership.
Article 1. Presentation of the Service
1.1 Description of the Service
WIIDII proposes to the Final Users a concierge and personal assistance service combining artificial intelligence and human intervention, namely consisting in:
- Linking the Final User with Service Providers in a view to selling goods or supplying a service;
- Delivering information, news and recommendations of a general or personalised nature;
- Facilitating appointments and schedule management;
- Receiving and forwarding messages and information;
- More generally, assisting the Final User for the carrying out of daily tasks.
The perimeter of the services provided by the Application may evolve in quantity and in quality, increasing or decreasing, at the discretion of WIIDII and depending on technical imperatives and evolutions of the Application.
The Final User is informed that the services that he/she benefits from via the Application depend on the offer retained by the Member Professional as part of the specific contract concluded with WIIDII. As a result, any modification of the said contract may entail a modification of the Services for the Final User.
The Service is limited to the legally authorised activities and are not subject to a regulated field.
The services of information search on personal or confidential data that necessitate the consultation of paying data bases or with reserved access, activities of matrimonial brokerage, financial, legal and fiscal advice as well as medical or veterinary advice are strictly excluded from the Service perimeter.
WIIDII can propose to the Final User the possibility of making appointments intervening in regulated fields, except for any request of medical or veterinary nature presenting an emergency, for which the Final User is invited to contact the competent services.
Booking appointments of a medical character is subject to your express agreement on the processing of the corresponding personal data. Failing that, the request will not be able to be completed. Moreover, we will not be able to process the requests regarding a person other than the user without the express consent of the person concerned.
On request of the Final User, WIIDII may put him/her in contact with a tourist professional who sells or offers for sale one or several trips, packages or travel services (accommodation, car rental, transport ticket purchase, etc.). In no case will WIIDII act as a tourist professional and conceive, sell or offer for sale trips, packages or other travel services. WIIDII’s service is limited in this respect exclusively to the connection with a tourist professional, as the travel contract is in any case agreed between the latter and the traveller (see article 10 below).
WIIDII reserves the right to not follow up on a request presenting a fantastical character, contrary to laws and rules currently in use, to public order, to moral standards or to the rights and interests of WIIDII or a third party or resulting for WIIDII in an exorbitant cost as part of the supply of the Service or disproportionate in regards to the Service.
Article 2. User licence of the Application for the Final User
WIIDII concedes to the Final User a personal right of use of the Application and of the Service that is nonexclusive, revocable, non-transferable, without possibility of a sub-license, solely for his/her own and personal needs as part of the use of the Application and the Service, excluding any other purpose.
The User Licence is given for the entire world and for the duration of membership subscribed by the Final User. In exception to what is stated above, this license will cease by anticipation if the specific contract concluded between WIIDII and the Member Professional ceases (including if this cessation intervenes before the end of the initially determined subscription period).
It is strictly forbidden for the Final User to access and/or use the source codes of the Application and/or the software components of the Application.
The Final User will not obtain any intellectual property right on the Application, nor any other right than those given by the present document. The Final User is not allowed to reproduce, represent, adapt and/or exploit the contents of the Application and the associated Service.
The Final User expressly agrees to the fact that the use of the Application does not cause damage to WIIDII’s rights or to those of the Member Professional, namely that the use does not constitute an act of forgery, unfair or parasitic competition.
Moreover, the Final User forbids him/herself from formulating opinions expressing his/her opinion as a consumer in defamatory, denigrating, unjustified or degrading terms in regards to any person, including WIIDII or the Member Professional. WIIDII informs the Final User that it is susceptible to implement a moderation and control system on opinions and reserves the right, if need be, to contact the Final User who is the author of the comment to proceed with the modification of the comment or refuse its publication. WIIDII informs the Final User that it reserves the right to engage in actions of any nature, including compensation, if it is noted the broadcasting by the Final User of one or more comments expressing his/her opinion in defamatory, denigrating, unjustified or degrading terms in regards to any person, including WIIDII or the Member Professional.
Article 3. Object and scope of the present conditions
The goal of the present terms and conditions is to define the modalities and conditions for putting the Service at the disposal of the Final User. The use of the Service implies the unreserved acceptance of the present T&C. The Final User recognises having received all of the information necessary enabling him/her to understand the full offer proposed by WIIDII and the consequences that stem from it. Any subscription, request or order that is passed in a direct or indirect manner, by any means, to the services operated by WIIDII entails the acceptance, unreserved and without restrictions, of the T&C by the Final User, these T&C prevailing over any other document broadcast by WIIDII on its website or on any other support.
If the Final User refuses to accept the T&C before accessing WIIDII’s Services for the first time, he will be reimbursed of his subscription cost. This request must be made exclusively to the Member Professional.
The modifications of the T&C that are of purely technical nature or that look to correct a material error or to render the T&C conform to the imperative legal dispositions come into effect when they are put online.
Article 4. Subscription modalities to the Service
4.1 Downloading the Application
The Application can be downloaded for free from the “Apple Store” and “Google Play Store” platforms on the following mobile terminals:
- Iphone® by Apple® mobile phone with the iOS operating system, under iOS 9.3 and after.
- Mobile phone with the Android® OS 4.2 operating system and after.
Before using the Service, the Final User needs to have:
- An Internet connexion;
- A means of online payment with a French or foreign bank;
- A mobile terminal that is compatible with the Application.
Each User must download and install the mobile Application from one of the “App Store®” or “Google Play®” platforms. In this respect, the User recognises having been made aware of the Terms and Conditions of use of the aforementioned download platforms and expressly agrees with them.
4.2 Subscription to the Service
4.2.1 Prior mandatory authorisation
The use of the Service is limited to the Final User that has previously been authorised by a Member Professional who has concluded a specific contract with the WIIDII company.
The individual subscription of a Final User, without prior authorisation by a Member Professional, is not allowed for technical and commercial reasons.
The subscription to the Service for an individual is therefore necessarily preceded by the conclusion of a specific professional contract between the WIIDII company and a Member Professional. It is a means of commercialisation of the Application resulting from technical imperatives for delivering the Service that cannot be considered as a refusal to sell a provision of service to a sole consumer.
4.2.2 Subscription of a membership
The use of the Service is conditioned to the subscription of a membership that can be paid by the Member Professional for its authorised Final Users (affiliates, clients, employees, etc.) or paid directly by the Final User as part of an integrated purchase, after having been previously authorised by a Member Professional.
The subscription cost depends on the stipulations of the main contract established between the WIIDII company and the Member Professional. The price of the subscription does not include connexion costs and access to the Internet network and potential extra charges invoiced by the supplier of Internet data, for the loading or the sending of data.
The Final User benefits from subscription conditions that are given to him/her by the Member Professional as part of the contractual ties that determine their relationship. The contractual ties between the Final User and the Member Professional are not opposable to the WIIDII company that is only held by obligations resulting from the main contract concluded with the Member Professional and its obligations pertaining to the Services supplied by WIIDII to the Final User.
The Final User only disposes of rights that are conceded to him/her by the Member Professional as part of the contractual ties that they have.
In the case of a cancellation, whatever the reason, or when the term of the main contract between the WIIDII company and the Member Professional comes to an end, the Service will no longer be available for the Final User, without prior notice or previous notification from WIIDII.
The Final User will have the possibility, at any time, to unsubscribe from the Service by uninstalling the Application from his/her terminal and, if he/she wishes to terminate his/her subscription, by sending an email to WIIDII on the following address: firstname.lastname@example.org.
This unsubscribing will only concern WIIDII’s database, excluding the databases of the Member Professional and the Service Providers that WIIDII linked to the Final User.
In application of article L 221-18 of the Consumer Code, the Final User who subscribes directly to the service, through an integrated purchase on the online stores Google Play or Apple Store, has a right of withdrawal. For the other Final Users, no withdrawal right can be exercised with WIIDII (if the legal conditions are complete with the Member Professional, he/she may exercise this right with the latter).
This right can be exercised in a period of fourteen (14) clear days starting from the subscription via an integrated purchase on the online stores Google Play or Apple Store, by post to the following address: 56 rue de Tivoli, 33000 Bordeaux, France, without having to give a reason, at the very latest fourteen days starting from the date at which WIIDII is informed of the decision of the Final User to withdraw.
The Final User can use the following form:
“Recipient: WIIDII Rétractation – 56, rue de Tivoli – 33000 Bordeaux – France
With the present letter, I inform you of my decision to use my right of withdrawal for the membership subscribed on [INSERT DATE].
Surname, first name, postal address and email of the Final User, name of the Member Professional, Date”.
The membership is exclusively subscribed for a specific period. In the case of an anticipated termination or resolution by the Final User, there will be no reimbursement of the membership cost.
4.2.3 End or cancellation of the membership
The membership comes to an end when the membership of the Member Professional comes to an end or starting from the anticipated cessation of the main membership contract between the Member Professional and WIIDII, for whatever reason, including amicable termination.
In the case of an anticipated cessation of the main membership contract between the Member Professional and WIIDII and of advance payment of the price of a membership directly by the Final User, the price paid will be reimbursed by the Member Professional, pro rata temporis of the remaining time of membership. This operation will take place directly between the Final User and the Member Professional.
The termination of the membership will be fully effective, without any formality or prior notice, and access to the Service will be immediately suspended, when the contract arrives to an end or if the membership of the Member Professional is terminated.
4.2.4 Subscription to the Service
The use of the Service implies the creation of a user account, by filling in the following data:
- First name,
- Email address,
- Partner code (this code is sent by the Member Professional to the Final User).
The use of the Service is strictly personal and the Final User is authorised to be the holder of only one account and have only one Application installed on his/her mobile terminal.
The Final User is also responsible for the acts and behaviour of any person using his/her account, and also of the preservation of the confidentiality of his/her login, password and/or any other personal data sent to WIIDII.
In the case of a fraudulent use of his/her account, email or password of which he/she has knowledge, the Final User agrees to inform WIIDII as soon as possible, by contacting it via the address email@example.com.
The Final User recognises that the use of certain functionalities of the service based on geographic information require sharing location data, namely the geographic position of his/her mobile terminal. As a result, if the Final User does not accept to share this data, he/she will not be able to access certain functionalities of the Service.
4.2.5 Payment via the Application
Inputting personal information and bank details may be required in order to benefit from the full Service, namely via Wiidii’s payment system.
To benefit from it, the Final User must be over the legal age of majority.
The Final User may, using the Application, save the details of his/her bank card in his/her personal “profile” space. Saving the details will happen via a secure interface that is stored locally in a secure and compartmentalised space of the mobile terminal. The data is only accessible via the Application.
Neither the Final User nor another application can have access to it. The data is encrypted with the AES 256 bit algorithm (standard used by the organisations of the United States government), with a strong, random and unique encryption key for the user that is stored in a secured space on the Wiidii servers. It is therefore impossible to have access to it via the mobile terminal or to directly exploit the saved bank card.
Once indicated in the profile, the details of the bank card are modifiable (resetting of all of the fields on publishing) but not visible (the user cannot see the saved information).
In order to guarantee maximum security, no bank information is stored on the Wiidii servers, the mobile terminal contains the encrypted data of the card and the server contains the encryption key. It is therefore impossible to have access to the details of the bank card without having the two sets of information simultaneously, that are both stored on two secure, different and independent platforms.
The use of the Service is exclusively reserved for the consumers.
If the password is forgotten, the Final User will be able to connect to the application and access the “Forgotten password” section. After having entered the email address associated with the User account and validated it, a new password will be sent to him/her by email, and he/she will be able to define a new one from the client profile.
Any Final User that doesn’t comply with these conditions will be refused access and use of the Application, even if he/she has been authorised by a Member Professional.
Article 5. Modalities of use of the Service
When the membership of the Final User has been accepted by WIIDII, he/she can send his/her requests via the Application, after having indicated his/her login. The requests are carried out by the implementation of a vocal and/or written dialogue taking the form of requests, questions and answers between WIIDII and the Final User.
The Final User is informed that the information and requests that he/she shares with WIIDII via the Application are susceptible to be brought to the knowledge of an operator and interpreted by him/her.
The Final User has to ensure that his/her request is fully intelligible and non-ambiguous, and check that the offer of service given by WIIDII corresponds perfectly with his/her requests and imperatives (namely for the questions of rates and availability).
Article 6. General conditions of use of the intermediation Service
Requests for services by Service Providers are carried out by WIIDII in the name and for the Final User, as part of the mandate entrusted by the Final User and accepted by WIIDII.
By accepting the present conditions, the Final User entrusts WIIDII with an irrevocable mandate to call upon Service Providers, in the terms and conditions planned in his/her request.
The unambiguous acceptance by the Final User of the offer of service sent by WIIDII irrevocably commits him/her to the Service Provider.
WIIDII will not bear or advance any expense in the name and for the Final User. The orders made with Service Providers will therefore be considered as definite when the order is passed with WIIDII to proceed with the payment of the requested services, when this is necessary.
WIIDII reserves the right to ask the Final User to validate his/her order by email.
Orders passed with WIIDII are understood as being subject to the Service Provider’s availabilities.
Article 7. Choice of the Service Provider
WIIDII will present to the Final User contents and offers of goods and services that correspond with his/her request, based on the relevance of the offer linked to his/request, and depending on geographic, financial, availability and reputation criteria of the offer.
WIIDII makes a selection amongst the available options, the ones it deems relevant to respond to the Final User’s requests.
The relevance of the offer may depend on different criteria, namely:
- Client comments,
- Product success (“bestsellers”).
The Final User is informed of the possibility of payment between WIIDII and the referenced offers and that this may have an influence on the referencing or organisation of the contents, goods and services on offer.
In no case does WIIDII guarantee to the Final User that the proposed offer will be at the lowest price and that there will not be one or more similar offers or at a lower price.
WIIDII may also offer to the Final User the use of operators of specialised online platforms for the presentation of content and offers of goods and services.
In any case, the Final User can always refuse the offer that is presented to him/her and request another, giving more details on his/her request if necessary.
The Final User is reminded that he/she can only call upon offers of service or goods as a consumer or non-professional. The Final User will not be linked directly with non-professionals by WIIDII, for the supply of goods and services. What can however be shared with the Final User, as part of an information service, are offers of services or goods coming from non-professionals. It is then up to the Final User to make contact directly with the non-professional, without WIIDII’s help.
The cost of the linking service is included in the membership price. The modalities of payment of goods and services are detailed in the terms and conditions of the Service Provider and are reminded by WIIDII to the Final User before his order confirmation, if WIIDII is in charge of the validation of the order for the account of the Final User.
WIIDII does not propose any insurance or extra guarantee for the goods and services supplied through it to the Final User.
Article 8. Implementation of the Service Providers’ guarantees
WIIDII and the Member Professional are not responsible for the examination of the evaluation of the offers of goods and services of the Service Providers and they do not guarantee the Service Providers’ offers or the content of their websites.
WIIDII and the Member Professional do not assume any responsibility or obligation for the acts, products or content of the Service Providers or of any third party involved in an order by the Final User.
The Final User may benefit from the legal guarantee of conformity in the conditions of the articles L.217-4 and following of the consumerism code and of the guarantee of hidden defects in the conditions listed in articles 1641 and following of the civil code when he/she purchases a good or service with a Service Provider. These guarantees must be implemented directly with the Service Provider, as WIIDII and the Member Professional do not bear any role or responsibility in this respect.
When the Final User uses his/her legal guarantee of conformity:
- he/she benefits from a period of two years starting from the delivery of the good to act;
- he/she may choose between the reparation or the replacement of the good, subject to the conditions of cost planned in article L.217-9 of the consumerism code.
The legal guarantee of conformity is applied independently from the commercial guarantee that may be given by the Service Provider, and that the Final User has to search for and verify the modalities of application if need be.
The Final User may decide to execute the guarantee of hidden defects in the sense of article 1641 of the civil code. In this hypothesis, he/she can choose between the resolution of the sale or a reduction in price of the sale (article 1644 of the civil code). Audio, video and multimedia products may give way to the manufacturer’s warranty indicated in the detailed presentation of the product. If the product becomes defective during the manufacturer’s warranty period, the Final User may consult the after-sales service of the manufacturer. These guarantees must be implemented directly with the Service Providers or the manufacturers, as WIIDII and the Member Professional do not have any role or responsibility in this respect.
Article 9. Waiver of legal action
9.1 Waiver of legal action directed at WIIDII
The Final User recognises that WIIDII only serves as an intermediary for supplying information and for the presentation of offers of goods and services based on requests formulated by the Final User.
In any case, the Final User recognises that WIIDII does not have any control on the offer and service provided by the Service Provider and cannot be held responsible if the latter withdraws at the moment of the execution of the service or in the case of a faulty execution of the service.
All of the rights and obligations linked to the transaction established between the Final User and the Service Provider are the exclusive responsibility of the latter.
As a result, if there is a dispute between the Parties, they agree to not look for the responsibility of WIIDII for any claim or compensation of any kind and of any nature resulting in a direct or indirect manner from this dispute.
More generally, the Final User renounces from demanding reparation from WIIDII of direct or indirect damages, namely loss of earnings, loss of chance, commercial or financial prejudice, the increase of general fees or the losses that may find their origin or be the result of the use of the Services of the Application.
It is reminded that the Service Providers of the service are free to modify at any time their commercial conditions. WIIDII, intervening simply as an intermediary linking the parties, cannot be held responsible for the changes made.
As the prices proposed by the Service Providers were done based on the faith of the description of the Final User’s needs, the price of the services or the goods can be adjusted by the Service Provider at the moment of the validation of the order or in the case of a modification of the order, to take account of potential additional services that were not planned when the needs of the Final User were described to WIIDII.
9.2 Waiver of legal action directed at the Member Professional
The Final User recognises that the Member Professional does not have any control over the Service supplied by a Service Provider and is not held responsible in any form concerning the execution of the services to supply information and services by the said Service Provider.
As a result, if there is a dispute between the Final User and WIIDII, or if there is a dispute between the Final User and a Service Provider, the Final User agrees to not seek the responsibility of the Member Professional for any claim or any damage of any kind directly or indirectly resulting from this dispute.
More generally, the Final User renounces to demand reparation from the Member Professional of direct or indirect damages, namely loss of earnings, loss of chance, commercial or financial prejudice, the increase of general fees or the losses that may find their origin or be the result of the use of the Services of the Application.
This is an essential and decisive condition without which the Member Professional may not have authorised the Final User to use WIIDII’s services, whether this authorisation be given for free or as compensation for payment of any nature.
Article 10. Acceptance of the terms and conditions of the Service Providers
Before passing any order of goods or services, of reservation of services, of intervention requests and reservation of appointments, the terms and conditions and the conditions relative to the Service Provider’s confidentiality or the operator online in charge of the reservation must be accepted by the Final User. The latter therefore has to become aware of them and accept them before instructing WIIDII to validate the request that figures in his question.
The Final User declares that he/she perfectly understands the role of WIIDII as an intermediary, that does not have an interest in the final contract established with the Service Provider. It is therefore for the Final User to take his/her dispositions to keep the Service Provider’s terms and conditions in a durable format that will enable him/her to refer to them at a later date.
On request of the Final User, WIIDII can make bookings in the name and on behalf of the Final User of one or several trips, packages or travel services sold or offered for sale by a professional. In this respect, WIIDII’s service is strictly limited to the connection with a tourist professional, as the travel contract is in any case agreed between the latter and the traveller. It is therefore up to the Final User to make him/herself aware of the terms and conditions and other pre-contractual information of the said professional before accepting. As a result, even if the Final User mandates WIIDII to book a travel service with several professionals or travel services with several professionals, he/she will not benefit from the rights applicable to packages indicated in the (EU) directive 2015/2302 and article L.211-2 of the tourism code. WIIDII will not be held responsible for the correct execution of the travel services. If there is a problem, the Final User must contact the relevant service provider.
The Application may contain hypertext links towards third party websites that are not subject to the present T&C.
WIIDII does not have any control over the contents of the third party websites referenced by the hypertext links. These websites are published by third party companies that are independent from WIIDII.
As a result, WIIDII cannot be held accountable for any content, publicity, product, service or any other information or data available on or from these websites. The Final User therefore recognises that he/she is the sole responsible of the access and use of these websites. WIIDII cannot be held responsible for the damages or losses that are proven or allegedly consecutive or in connexion with the use or the fact of having trusted the content, the goods or the services available on these websites.
Article 11. Payment procedure and mandate
The products and services will be invoiced to the Final User directly by the Service Providers, based on the rates indicated by the selected Service Providers. WIIDII is not responsible for the invoicing of these services, and will not edit any invoice or proof of purchase.
The Final User can ask and authorise WIIDII to proceed with a payment operation using a remote payment device (namely a remote payment card) in order to proceed with the payment or the reservation of a product or service proposed by a Service Provider. In this case, the Final User gives mandate to WIIDII, that accepts it, to give an order of payment via its intermediary and to the benefit of the designated Service Provider, confirming in writing the amount of the service purchased and the identity of the beneficiary.
The Final User recognises that he/she is the sole responsible for the conformity of the use of his/her payment device with the contractual conditions planned by the bank of the payment provider. The unambiguous written order to proceed with payment given by the Final User to WIIDII will be considered authenticated, duly recorded and accounted for as soon as the Final User will have made his/her acceptance by any unambiguous form that translates as his/her consent, in response to an offer of service or of products sent by WIIDII, with a description of the service, the Terms and Conditions and the corresponding price, namely via a hypertext link.
The Final User has to ensure that he/she has the necessary funds available on his/her bank account in order to pay the services and/or the products that have been ordered.
In any case, WIIDII cannot be held responsible for the evolution or the availability and the rates of the products and/or services that have been ordered from the relevant Service Providers.
Payment will be made according to the Terms and Conditions of Sale or of Use of the Service Provider and of which the Final User agrees to make his/her personal case, without recourse against WIIDII or the Member Professional.
Article 12. Creation of the client spaces and access to the personal spaces
On the Final User’s request and when it is necessary in order to supply a good or a service, WIIDII can create a personal space in the name and for the account of the Final User, in the database of the relevant Service Providers.
In this sense, the Final User gives WIIDII an irrevocable mandate to create a personal space, to complete the information necessary for the creation of an account (namely personal data, the address and the references of the payment means) and to produce a password and login when it is necessary. This password will be communicated to the Final User, it will then be up to him/her to ensure its security. This mandate will expire as soon as the password is communicated by WIIDII to the Final User. It will then be exclusively up to the Final User to manage all of the operations on his/her personal space (updates, orders, confidentiality, etc.). If the Final User wishes to entrust WIIDII with this process again, the User must expressly request this of WIIDII.
Article 13. Mediation and processing of disputes
The Final User recognises that WIIDII and the Member Professional are not responsible for the fulfilment and for the delivery of the services and goods ordered from the Service Providers via the Service.
The Final User therefore agrees to make it his/her personal case directly against the Service Provider and its insurer of any difficulty or any accident ensued during the use of a good or the fulfilment of a service.
WIIDII therefore has no obligation relative to an activity of mediation and of help in the processing of disputes that may have intervened between the Final User and the Service Provider.
It is reminded that the Final User may call upon the services of a public mediator to proceed with the mediation of a consumer dispute, in the conditions listed in articles L612-5 and following of the Consumerism code.
Article 14. Obligations of the Final User
The use of the Service by each Final User is strictly personal, individual and incommunicable. It is strictly forbidden for a Final User to propose or make a third party benefit from the Services, whether it be free or subject to payment, if the services in question are not used jointly by the Final User.
Each Final User must ensure that he/she takes the necessary measures to protect the access to his/her personal space available on the mobile Application.
The Final User expressly agrees to:
- download the Application on his/her terminal exclusively for his/her personal and non-commercial use;
- not reproduce in a permanent or temporary manner the Application, in all or in part, by any means and in any form;
- not use any software or process destined to copy the Application’s contents;
- not proceed with any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembling, disassembling, transcoding, nor to apply reverse engineering of any or part of the Application;
- not export the Application, merge all or part of the Application with other computer programmes;
- not proceed with short quotes, analysis and reproductions destined to press reviews as well as other uses that are expressly authorised by the law and in the limits and conditions fixed by the law and subject namely to quoting the name and authors of the editorial source;
- expressly renounce from using software or devices susceptible to upset the good functioning of the Application, nor engage in any action that would impose a disproportionate load for WIIDII’s infrastructures;
- not extract or reuse, including for private ends, without prior written agreement of WIIDII, a substantial part or not of the content of the databases and archives created by the Application;
- not implement systems that would be susceptible to hack the Application or that would violate the present T&C;
- inform WIIDII as soon as there is knowledge of an act of hacking and in particular any illicit or non-contractual use of the Application whatever its means of broadcasting;
- not sell, rent, sub-licence or distribute in any manner the Application to a third party.
Article 15. Protection of personal data policy
The Final User declares having been made aware of the protection of personal data policy (https://wiidii.com/en/privacy-policy).
Refusal to supply certain personal data is susceptible to deprive the Final User of access to certain functionalities of the Service.
The Final User has the right to inscribe him/herself on the “Bloctel” list opposing cold calling: https://conso.bloctel.fr/.
Article 16. Limitation of guarantee
The access and use of the Application are made at the risks and perils of the Final User.
The Final User has to take all of the appropriate measures to protect his/her personal data and/or the software stored on his/her computer or telephone equipment against any breach.
The Final User declares being aware and accepting the characteristics and the limits of the Internet network and namely the functional characteristics and technical performances of the Internet network; the problems linked to the connexion and/or access to the Internet network and/or websites; the problems linked to the availability and the overload of the networks; the problems linked to the failure or the saturation of the networks; the problems linked to transit times, to access to the information put online, to the response time to post, consult, question or otherwise forward data; the risks of interruption; the absence of protection of certain data against potential diversions or hacking; the risks of contamination by potential viruses circulating on the networks, etc. and for which WIIDII’s responsibility cannot be questioned.
WIIDII cannot be held accountable:
- in the case of a default, loss, delay or error in the transmission of data that is beyond its control;
- for the sending of messages and/or data to a false, erroneous or incomplete address;
- if the data did not arrive to WIIDII, for whatever reason, and if the data received is illegible or impossible to process;
- if the Final User was not able to access or use the Application for whatever reason;
- if, for whatever reason, the connexion was interrupted.
Furthermore, WIIDII declines all responsibility in the case of a bad use of the terminal and/or an incident linked to the use of the terminal during the use of the Application. WIIDII cannot be held accountable for any damage, of any nature, caused to the Final Users, their terminals, their computer and phone equipment and the data that is stored or the consequences that may stem from their personal, professional or commercial activity.
The information broadcast on the Application is supplied for strictly and exclusively informative and indicative means. WIIDII engages its best efforts to maintain the Application and the Service updated and to broadcast reliable, licit and up-to-date information.
Nevertheless, WIIDII will not guarantee the integrity, exactitude, exhaustiveness, current aspect and other qualities of the information broadcast on the Application.
The Final User is the sole responsible of the good use with discernment of the Service put at his/her disposal on the Application. WIIDII cannot be held accountable for the direct or indirect, material or immaterial consequences that may result from the consultation, the use and/or the interpretation of the information and/or the advice contained on the Application by the Final User.
Article 17. Evolution of the terms and conditions of use
WIIDII reserves the right to modify at any time all or part of the dispositions of the T&C without prior notice nor previous information to the Final Users, in order to adapt them to the evolutions of the Service, the technical, legal or judge-made law evolutions, or with the implementation of new offers of service.
Any new service integrating new techniques or characteristics improving the quality of Service will also be subject to the present T&C, unless express contrary disposition.
Article 18. Independence
WIIDII and the Service Providers exercise towards one another the quality of independent companies. The Service Provider has no mandate or power to engage or to represent WIIDII and cannot accept any commitment or offer any guarantee in WIIDII’s name.
In the same way, WIIDII and the Member Professional exercise towards one another the quality of independent companies. WIIDII has no mandate or power to engage or represent the Member Professional and cannot accept any commitment or offer any guarantee in its name, and vice versa.
Article 19. Limitation of Services
WIIDII reserves the right to immediately interrupt and without prior notice access to the Service in order to proceed with a technical intervention, to improve the Service’s functioning or for any maintenance operation due to it or due to its hosting and/or technical infrastructure service provider. If possible, WIIDII will previously inform the Final Users.
In the same way, WIIDII reserves the right to immediately interrupt and without prior notice access to the Service if the Service is used contrary to the present T&C, the laws and regulations in effect, moral standards and public order, its rights and interests and those of third parties.
WIIDII agrees to put its best efforts to secure the access, the consultation and the use of the Application.
The Application is accessible 24/7 except in the case of force majeure or if an event beyond WIIDII’s control was to appear, and subject to potential breakdowns and maintenance interventions necessary to the correct functioning of the Application.
WIIDII is held to an obligation of means concerning the accessibility, the functionality and/or the availability of the Application and/or the Service.
WIIDII reserves the right to interrupt, suspend or limit access to all or part of the Application and/or the Service, namely for technical or legal constraints.
Article 20. Force majeure
The parties cannot be held responsible if the non-execution or the delay in execution of one of their obligations, as described in the present contract, stems from a case of force majeure, in the sense of article 1218 of the Code civil.
As expressly stated, a case of force majeure is made up of, without this list being limiting: war, riots, acts of piracy, sabotage, requisitions, confiscations, nationalisations, embargos and expropriations, natural cataclysms (such as a violent storm, cyclone, earthquake, tidal wave, flooding, destruction by thunder, etc.), epidemics, accidents, explosions, fires, destruction of machines, factories or installations, interruptions or delays in transportation, faults of a third party, boycotts, strikes and lock-outs, acts of God.
The Party that noted the event must inform without delay the other Party of its impossibility to provide its service and justify this accordingly. The suspension of the obligations can in no case be a cause of responsibility for non-execution of the obligation at issue, nor can it induce the payment of damages or delay penalties.
The execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and cannot go beyond a period of 30 days. As a result, as soon as the cause for suspension of their reciprocal obligations disappears, the Parties will make every effort to resume as rapidly as possible the normal execution of the contractual obligations. To this effect, the delayed Party will inform the other of the resumption of its obligation by any means. If the delay is definite or goes beyond a period of 30 days, the present contract may be cancelled at the initiative of the most diligent Party, by any written means. The services, exchanged between the Parties from the conclusion of the contract and until its cancellation having found their use throughout the reciprocal execution of the contract, will not give way to restitution for the period before the last service that has not yet received compensation.
Article 21. Forced execution in kind
By way of a derogation from the dispositions of article 1221 of the Code civil, in case one of the Parties fails to execute its obligations, the Party that is a victim of the fault will not be able to request its forced execution.
By way of an express derogation from the dispositions of article 1222 of the Code civil, in case one of the Parties fails to execute its obligations, the Party that is a victim of the fault will not be able to have the obligation executed itself by a third party, at the cost of the faulty party. The creditor of the obligation may however ask in court that the faulty party advance the necessary funds for this execution.
Article 22. Evaluation of the Service
Any User who has entrusted WIIDII with a request may benefit from the possibility of leaving an evaluation of the service on Internet, on specialised websites in the consumer opinions. This evaluation must be based on objective, correct and verifiable data. The User must refrain from any words presenting a defamatory or injurious character. WIIDII reserves the right to ask for the suspension of the communication of any evaluation that may not be conform to the present T&C, the laws and regulations in effect, public order, moral standards and its rights and interests and those of third parties and to ask for the payment of a non-discharging compensation of an amount that cannot be lower than 1000 euros.
Article 23. Applicable law – Jurisdiction
The present T&C are subject to French law.
Only the version of this document written in French is opposable to consumers.
Any dispute or claim relative to the execution or the interpretation of the current rules that was not able to find an amicable outcome between the parties will be submitted to the competent courts of the Court of Appeals of Bordeaux.
Version in effect on the 25 of September 2018