1. PURPOSE
LBDC Organisation (hereinafter referred to as “Smatchy” or “the Publisher”), a simplified joint stock company registered with the Nanterre Trade and Companies Registry under registration number 839 338 514 and having its registered office at 22 avenue Pierre Lefaucheux 92100, Boulogne-Billancourt, publishes and manages the https://lesbornees.com Internet site (hereinafter referred to as “the Site”).
These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) define and govern the terms and conditions of access and browsing on the mobile application and determine the respective rights and obligations of any person using the mobile application (hereinafter referred to as the “User”) and of the Publisher in the context of the use of the mobile application.
The mobile application is accessible :
- By download from the Apple Store ;
- By downloading from the Google Store.
By browsing and/or creating an account on the mobile application, the User undertakes to comply with these Terms and Conditions, which are directly applicable to the User throughout the period of use of the mobile application.
2. CONDITIONS OF ACCESS TO THE MOBILE APPLICATION
The User may choose to navigate on the mobile application by creating a user account in order to have access to Smatchy’s Services.
2.1. REGISTRATION ON THE MOBILE APPLICATION
In order to create an account on the mobile application, the User can enter his email address and a password.
The User will then receive an email confirming the creation of their User account.
2.2. CONDITIONS RELATING TO THE USER
Access to the functionalities of the mobile application is reserved for people of legal age, i.e. at least 18 years old. If a minor wishes to register on the application, his/her legal guardian(s) must supervise the minor’s use of the application.
The Publisher reserves the right to request proof of age, particularly if you use online ordering services.
3. CONTENT OF THE MOBILE APPLICATION
The Application allows the User to subscribe to various subscriptions and packages offering access to Smatchy training, events and experiences organised by the Users or by partner brands (hereinafter referred to as “Services”).
The purchase of Services is made according to the conditions stipulated in the General Terms and Conditions of Sale (hereinafter “GTCS”).
4. MANAGEMENT OF THE MOBILE APPLICATION
For the proper management of the mobile application, the Publisher may at any time :
- Suspend, interrupt or limit access to all or part of the Mobile Application;
- Delete any information that may disrupt its operation or contravene national and international laws;
- Suspend the mobile application in order to carry out updates.
5. RIGHTS AND OBLIGATIONS OF THE USER
Accessibility: The User will be able to use the Service twenty-four hours a day, seven days a week, (24 hours a day, 7 days a week) including Sundays and public holidays, except during periods of maintenance decided by Smatchy. Smatchy does not guarantee the permanent and continuous availability of the Application.
Registration: The User agrees to provide accurate, complete and up-to-date information. The User agrees to rectify inaccurate data if necessary. Smatchy cannot be held responsible in case of damage or defect due to incorrect information provided by the User.
Unauthorized use of the account: The User agrees to immediately notify Smatchy of any unauthorized use of his/her login, password and account by contacting the dedicated support at [email protected].
The User is solely responsible for maintaining the confidentiality of his access codes to his personal account. Smatchy declines all responsibility in the event of use of the mobile application by a person other than the User or a person authorized by the User, who has the identifiers and passwords. Also, any action carried out from the User’s account will be deemed to have been carried out by the User and may engage his/her responsibility. The User will be responsible for losses, damages and costs incurred by Smatchy or by a third party in the event of use of his account by a third party.
If the User has any link whatsoever with the fraudulent use of a User account, his account will be deleted.
Prohibited use: Users must not use their account in any way that is illegal or prohibited by these GCU. The User is prohibited from :
- Have more than one account;
- Publish degrading, offensive or defamatory comments on the Smatchy Services and on social media in general;
- Usurp the identity of another person or entity in a manner that misleads or is intended to mislead, confuse or deceive others;
- Fraudulently accessing or remaining in the mobile application, hindering or altering its operation, in particular by introducing viruses or any other programme likely to cause damage and/or undermine the application’s data;
- Use the application for illicit, illegal, malicious or discriminatory purposes;
- Collect information relating to other Users, or harm other Users, directly or indirectly.
Deletion: Users may delete their account by contacting the support department at the following address: [email protected]
6. SMATCHY'S LIABILITY
Principle: Smatchy is not responsible for any loss, damage, liability or expense caused by the User’s negligence or breach of the TOS, or by any third party. Smatchy is not responsible in the event of interruption of access to the mobile application and the consequences that will ensue for the User.
Limitation of Responsibility: Smatchy will not be held responsible in case of :
- failure of the User to provide a valid email address ;
- non-conforming or illicit use of the mobile application by the User;
- Lack of accuracy of information on the Site coming from third parties or links to other Internet sites or mobile applications.
Smatchy cannot be held responsible for any guarantee, of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, topicality, non-infringement, availability, reliability or exhaustiveness of the information, Products or Services appearing on the mobile application, nor their suitability for the use that the User intends to make of them.
Any claim lodged by a User against the Publisher must be made within 6 months of the occurrence of the event that is the subject of the claim.
7. HYPERTEXT LINKS
Smatchy will ensure that the Mobile Application does not contain any hypertext links allowing direct or indirect access to sites or pages of sites whose content is illicit and will immediately take all measures to remove them if necessary. Smatchy will not be held responsible beyond this obligation.
8. PROCESSING OF PERSONAL DATA AND COOKIES
Within the framework of the use of the application and the creation of the personal account, Smatchy is likely to collect, receive, access and process personal data. As such, Smatchy is the data controller in the sense of the Regulation on the protection of personal data.
To learn more about Smatchy’s practices regarding the collection, use and communication of personal data as well as the provisions relating to the exercise of rights, Users are invited to consult the Confidentiality Policy and the Cookies Policy.
If you have any questions, you can contact Smatchy by e-mail: [email protected].
9. INTELLECTUAL PROPERTY RIGHTS
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, contractual documents, editorial and informative text as well as all computer applications that may be used to operate the Smatchy site and more generally all elements reproduced or used on the mobile application are protected by the laws in force with respect to intellectual property.
They are the full, entire and exclusive property of Smatchy or its partners.
Smatchy grants the User a simple right of use of the mobile application, personal, non-transferable, non-exclusive and for its own needs only. The User is not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, for a fee or free of charge, the mobile application and each of the elements that compose them, and reproduce and/or represent such translations, adaptations and modifications, partially or totally, for a fee or free of charge, without the prior written consent of Smatchy.
The fact that the Editor does not initiate proceedings as soon as he becomes aware of these unauthorized uses does not imply acceptance of the said uses and waiver of proceedings.
10. GENERAL
Modifications: The Publisher reserves the right to modify and update the General Terms and Conditions of Use without prior notice. In order to be informed of these possible modifications, Smatchy advises the User to reread the GTU regularly. The use of the Application will be subject to the GTU in force at the time of use.
Nullity: If one or more stipulations of the present GTU are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
11. APPLICABLE LAW AND JURISDICTION
Applicable law: These GCU and any disputes relating to their formation, performance and interpretation are governed by French law.
Prior Conciliation: In the event of a complaint, claim, dispute or disagreement, the User may contact [email protected]. The User and Smatchy will endeavour in the absence of agreement or in the event of failure to find an amicable solution to the complaint, claim, dispute or disagreement and within a reasonable period of time, THE DISPUTE WILL BE SUBMITTED TO THE COMPETENT COURTS OF PARIS.
