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Terms and conditions of use
Effective date: 19 May 2022
CONTACT US
1. Subject
The purpose of these general conditions of use is to define the terms and conditions of use of the services offered on the site (hereinafter: the «Services »), as well as to define the rights and obligations of the parties in this context.
In particular, they can be accessed and printed at any time via a direct link at the bottom of the site's home page.
They may be supplemented, where applicable, by specific conditions of use for certain Services. In the event of contradiction, the specific conditions shall prevail over these general conditions.
2. Service operator
The Services are operated by EDEWAT, a simplified joint stock company with share capital of €10,000, whose registered office is located at 6 RUE NANSOUTY 75014 PARIS, registered with the Paris Trade and Companies Register under number 913 329 678, represented by Benjamin Chaminade acting and having the necessary powers as Chairman (hereinafter: «EDEWAT »).
- EDEWAT can be contacted using the following details:
- Postal address: 6 RUE NANSOUTY 75014 PARIS
- E-mail address: contact @ key-bak . fr
3. Access to the site and services
The Services are accessible, subject to the restrictions set out on the site:
- any natural person who has full legal capacity to enter into commitments under these General Terms and Conditions. Individuals who do not have full legal capacity may only access the Site and Services with the agreement of their legal representative;
- any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
They are the full and complete property of the Publisher or its partners, unless otherwise stated.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of such use or a waiver of proceedings.
Only use for private purposes within the family circle is authorised. Any other use constitutes infringement of copyright and/or related rights, punishable under the French Intellectual Property Code. The reproduction of all or part of this content requires the prior authorisation of the Publisher or the holder of the rights to this content.
4. Acceptance of the general terms and conditions
Acceptance of these terms and conditions is evidenced by a box to be ticked on the registration and/or contact form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these general terms and conditions must not use the Services.
5. Registration on the site
Use of the Services does not require the User to register on the site.
6. Description of services
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that EDEWAT deems most appropriate.
7. Free services
The Services are provided free of charge.
8. Data
The User expressly acknowledges and accepts :
- that the data collected on the site and on EDEWAT's computer equipment are proof of the reality of the operations carried out under this agreement;
- that this data constitutes the only form of proof accepted between the parties, in particular for the calculation of sums due.
The User can access this data in his Personal Area.
9. Obligations of the user
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he/she is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind which are incumbent upon him/her, where applicable, in relation to his/her use of the Services. Under no circumstances may EDEWAT be held liable in this respect.
The User acknowledges that he/she has familiarised himself/herself on the site with the characteristics and constraints, particularly technical, of all the Services. They alone are responsible for their use of the Services.
The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
Users are 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 the User's responsibility to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy when dealing with other Users.
The User undertakes to make strictly personal use of the Services. Consequently, they may not assign, grant or transfer all or part of their rights or obligations hereunder to a third party in any way whatsoever.
The User undertakes to provide EDEWAT with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with EDEWAT with a view to the proper performance hereof.
The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the site) that he/she disseminates as part of the Services (hereinafter referred to as: the «Content»).
It guarantees EDEWAT that it has all the rights and authorisations necessary for the dissemination of this Content.
The User undertakes to ensure that said Content is lawful, does not infringe public order, public decency or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of EDEWAT.
The User therefore undertakes not to disseminate, in particular and without this list being exhaustive :
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- infringing Content,
- Content that impugns the image of a third party,
- Content that is misleading or deceptive or that proposes or promotes 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 likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
The User acknowledges that the Services offer an additional, but not alternative, solution to the means he/she already uses to achieve the same objective and that this solution is not a substitute for these other means.
The User must take the necessary steps to back up by his own means the information he deems necessary, no copy of which will be supplied to him.
The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
10. User warranty
The User guarantees EDEWAT against any complaints, claims, actions and/or demands whatsoever that EDEWAT may suffer as a result of the breach by the User of any of its obligations or guarantees under the terms of these general conditions.
It undertakes to compensate EDEWAT for any loss it may suffer and to pay all costs, charges and/or fines it may incur as a result.
11. Use of services
It is strictly forbidden to use the Services for the following purposes:
- carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
- undermining public order or violating applicable laws and regulations,
- intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with or intercept all or part of a third party's computer system, or to violate its integrity or security,
- sending unsolicited emails and/or commercial canvassing or solicitation,
- manipulations intended to improve the referencing of a third-party site,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that misuses the Services for purposes other than those for which they were designed.
Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the EDEWAT site.
The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into EDEWAT's systems, (iii) any misappropriation of the site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of EDEWAT or users of its site, and more generally (vii) any breach of these general terms and conditions.
It is strictly forbidden to monetise, sell or grant access to all or part of the Services or the site, or to the information hosted and/or shared therein.
12. Penalties for breaches
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, of the laws and regulations in force by a User, EDEWAT reserves the right to take any appropriate measure and, in particular, to :
- suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement,
- delete any content posted on the site,
- publish on the site any information message that EDEWAT deems useful,
- notify any relevant authorities,
- take any legal action.
13. EDEWAT's liability and warranty
EDEWAT undertakes to provide the Services diligently and in accordance with the state of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
EDEWAT has no knowledge of the Content put online by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with regard to which it acts solely as a hosting service provider.
Consequently, EDEWAT cannot be held responsible for Content whose authors are third parties, and any claim must be directed in the first instance to the author of the Content in question.
Content that is prejudicial to a third party may be notified to EDEWAT in accordance with article 6 I 5 of law no. 2004-575 of 21 June 2004 on confidence in the digital economy, with EDEWAT reserving the right to take the measures described in article 12.
EDEWAT declines all responsibility in the event of any loss of information by the User, who must save a copy and may not claim any compensation in this respect.
EDEWAT undertakes to carry out regular checks to verify the operation and accessibility of the site. In this respect, EDEWAT reserves the right to temporarily interrupt access to the site for maintenance purposes. Similarly, EDEWAT may not be held liable for any difficulties or temporary impossibility of accessing the site due to circumstances beyond its control, force majeure or disruption of telecommunications networks.
EDEWAT does not guarantee Users (i) that the Services, which are subject to constant research to improve their performance and progress in particular, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
In any event, the liability that may be incurred by EDEWAT hereunder is expressly limited to proven direct damage suffered by the User.
14. Intellectual property
The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by EDEWAT within the site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorisation of EDEWAT is strictly prohibited and may result in legal proceedings.
15. Personal data
EDEWAT has a personal data protection policy, the characteristics of which are set out in the document entitled « Privacy policy», which the User is expressly invited to read on the site.
16. Advertising
EDEWAT reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by EDEWAT alone.
17. Links and third party sites
Under no circumstances may EDEWAT be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the User may access via the site.
EDEWAT accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
Nor is EDEWAT responsible for transactions between the User and any advertiser, professional or trader (including any of its partners) to which the User may be directed via the site, and under no circumstances may it be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.
18. Duration of services, deregistration
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to EDEWAT by email, using the contact details mentioned in article 2.
Unsubscription is effective immediately. It leads to the automatic deletion of the User's Account.
19. Changes
EDEWAT reserves the right to modify these general terms and conditions at any time.
The User will be informed of these modifications by any useful means.
Any User who does not accept the amended General Terms and Conditions must unsubscribe from the Services in accordance with the procedures set out in article 18.
Any User who uses the Services after the entry into force of the modified General Terms and Conditions is deemed to have accepted these modifications.
20. Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be French in the event of a 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 any dispute concerning the validity, interpretation and/or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules dictate otherwise.
22. Entry into force
These general terms and conditions came into force on 19 May 2022.
