ido-data is a simplified joint stock company, with a share capital of €12,600, whose registered office is located at MIX - 4-6, avenue Joannes Hubert - 69 160 TASSIN-LA-DEMI-LUNE, and registered in the trade and companies register under number 821 890 928 RCS LYON (hereinafter "ido-data"). ido-data is a company specialising in the design, development, manufacture and operation of objects connected to the Internet, as well as the related digital services, making it possible, in particular, to improve the safety of goods and persons, decision-making and the optimisation of resource consumption.
As part of its activities, ido-data has designed and developed a connected device, aimed at making the activities of those involved in water sports (paddle, kitesurf, kayak, small craft, etc.) or other outdoor sports and leisure activities safer, designed in collaboration with the Société Nationale des Sauveteurs en Mer, a French association of public utility, whose head office is located at 8 Cité d'Antin - 75 009 PARIS, identified under the SIRET number 77566502900184 (the "S. N.S.M."), and by Mr Philippe STARCK, whose company PHS General Design CSA, a company under Luxembourg law with a share capital of € 31,400, whose registered office is located at 31, rue du Fort Elisabeth L-1463 Luxembourg (Luxembourg), manager of the rights (the "DIAL Solution"). The DIAL Solution consists of a geolocatable bracelet to be worn by the User (the "Wristband"), connected to the "DIAL" application, available via mobile telephony on the App Store or Google Play (the "DIAL Application"), allowing, following the purchase of Digital Use Credits (as defined below), the transmission of the position of the User to the emergency services, in the event of activation of an alert on the Wristband. The specific functionalities of the DIAL Solution are detailed in the commercial brochure, which can be consulted on the website accessible at https://dial.snsm.support/ and/or any suffixes and/or access fields that refer to it, as well as in the precautions for use included in the specific instructions for use accompanying the sale of any Bracelet (the "Precautions for Use").THE DIAL SOLUTION CONSISTS OF AN INDICATIVE AID FOR FINDING THE USER'S POSITION. IT IS NOT A SUBSTITUTE FOR THE NECESSARY SUPERVISION THAT MUST BE PROVIDED IN ALL SITUATIONS BY ANY LEGAL REPRESENTATIVE, SUCH AS COMPLIANCE WITH THE INSTRUCTIONS AND GUIDELINES PROVIDED BY RESCUE PROFESSIONALS IN A SUPERVISED AREA. PLEASE READ THE GGU VERY CAREFULLY BEFORE ATTEMPTING TO ACCESS THE DIAL SOLUTION, AND ESPECIALLY BEFORE PURCHASING ANY USAGE CREDITS. THE ACCEPTANCE OF THE GGU BY THE USERS, WHICH MUST BE DONE BEFORE ANY USE OF THE DIAL SOLUTION, AND MORE SPECIFICALLY BEFORE ANY PURCHASE OF USER CREDITS, IS LEGALLY BINDING ON THE USERS. "IF YOU DO NOT AGREE WITH ALL OR PART OF THE GGU, IT IS YOUR RESPONSIBILITY NOT TO USE OR TO CEASE ALL USE OF THE DIAL SOLUTION.
The present general conditions of sale and use constitute, together with the commercial brochure, which can be consulted on the website accessible at https://dial.snsm.org/les-caracteristiques-techniques/ and/or all suffixes and/or access fields which would refer to it, and the Precautions for Use appearing in the specific instructions for use attached to the Bracelet, compulsory contractual provisions and define the terms and conditions of purchase, by any Client, of the Bracelet marketed by ido-data, as well as of the use of the DIAL Solution (together, the "GTCUs"). The rights on the DIAL Solution are reserved. No provision of the GTCU can therefore imply any transfer of property rights on all or part of the elements of the DIAL Solution. All Users are deemed to have read and understood the GTCU, to have read them carefully before using the DIAL Solution and to have kept a copy.1. INTRODUCTORY PROVISIONS - DEFINITIONS
1.1. The GTCU represent the contract concluded between ido-data and the User. They are applicable to all sales of Bracelet(s), Digital Use Credits and/or use of the DIAL Solution. The GTCU are attached to any purchase offer from IDO DATA. The User therefore acknowledges that he/she has had the necessary time to reflect on the terms of the GTCU before committing him/herself
The GTCU contain the information and details referred to in the provisions of the Consumer Code, including in particular
1.2. Definitions CLIENT
- The identity of ido-data, its postal and electronic contact details, its activities;
- Details of the purchase of Digital Use Credits, including, if applicable, the different offers, their total price, including all taxes or when the price cannot be reasonably calculated in advance, due to the nature of the service, the method of calculation of the price and, if applicable, any additional fees or when these fees cannot be reasonably calculated in advance, the mention that these fees cannot be charged; the terms of payment related to the purchase of the Bracelet and the Digital Use Credits;
- the validity period of the Digital Use Credits, the legal guarantees;
- the conditions of cancellation of the account on the DIAL Application.
Means, following the purchase of a Bracelet, the holder of the corresponding User account on the DIAL Application, in charge of the administration of the DIAL Solution, including the registration prior to any use on the DIAL Application, the management of dedicated User accounts, the designation of Referrers and the purchase of Digital Use Credits necessary for the operation of the DIAL Solution. If the Customer is not the User, he commits himself to transmit all the information and documentation related to the User, so that the latter can understand the functioning of the DIAL Solution, including the Precautions for Use. In this case, the Customer is the sole guarantor of this obligation, without IDO DATA being concerned in this respect.
The Customer must have the civil and banking capacity to purchase the Bracelet and to use the DIAL Solution. If the Customer is under a civil incapacity or protection regime, whatever its nature, or under a banking ban, or any other similar measure, HE IS FORBIDDEN TO BUY, ACCESS AND/OR USE, IN ANY WAY, THE DIAL SOLUTION OUTSIDE THE CIVIL RULES RELEVANT TO HIS STATUS. ido-data shall not be held responsible for the use of the DIAL Solution by any minor or incapacitated adult User, outside of the respect of these rules.REFEREE(S)
Refers to the referent(s) designated by the Client, when registering on the DIAL Application and/or at any time, on this same DIAL Application, as Referent, following acceptance of this responsibility, during the periods of activation of the Bracelet, in normal conditions of use or in alert mode. The Referrer is the one who can follow the position of the User during these periods. It is his responsibility to transmit, via the DIAL Solution, the position of the User to the emergency services, in case of triggering of the alert mode or at any time, when legitimate and sufficient elements indicate it.
If the Users are minors and/or incapable, the Referrers must be legal representatives or a delegate duly authorised by them. The said delegates expressly undertake, within the framework of the GTCU, to benefit from and maintain regular and continuous authorisation of the legal representatives, for the use of all or part of the elements of the DIAL Solution, by the minors and/or incapacitated Users that they have under their care. No responsibility of ido-data can be sought or incurred, on whatever basis and at whatever date, in the event of suspension or withdrawal of authorisation, by the Client, of the delegates designated as Referrers, or of the consequences resulting from non-compliance with the Client's decision.USER
Refers to the user, who has used or uses the DIAL Solution, including the physical wearer of the Bracelet, but also the Client and the Referrer, following legal download of the DIAL Application, creation of dedicated User accounts and prior purchase of Digital Use Credits.The product is not recommended for children whose wrist circumference is less than 135 mm. If you wish to use DIAL for a minor who does not have a smartphone to create a personal account, please contact support at email@example.com.
Any use of all or part of the elements of the DIAL Solution is conditional upon acceptance of the GTCU, which constitutes a firm commitment to ido-data.DIGITAL USE CREDITS
Refers to credits, in the form of digital content not provided on a physical medium, purchased, under the conditions defined in article 6 below, by Users, for the purpose of using the DIAL Solution. The Digital Use Credits offers are specified in the commercial presentation, which can be consulted on the website accessible at https://dial.snsm.org/ and/or any suffixes and/or access fields which refer to it.PAYMENT INTERMEDIARY
Means Stripe Payments Europe, Ltd, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland (IRELAND), in its capacity as IDO DATA's payment intermediary, which IDO DATA uses for the purchase of Digital Use Credits by Users.DATA
Refers to all raw data such as, but not limited to, any information, geographical positions, results, studies, protocols, profile sheets, images, videographs, files, reports, graphical charts, diagrams, drawings, models, etc., that ido-data is likely to use, within the framework of the use of all or part of the DIAL Solution, by the User, as well as any information put online, directly or indirectly.2. SCOPE OF USE OF THE DIAL SOLUTION 2.1. THE DIAL SOLUTION IS NOT A TOY OR A GAME. IT IS INTENDED TO PROVIDE COMPLEMENTARY AND SUBSIDIARY INDICATIVE ASSISTANCE TO RESCUE PROFESSIONALS IN A SUPERVISED AREA AND TO SURVEILLANCE BY REFERENTS OR ANY OTHER PERSON WHO HAS THE USER WEARING THE BRACELET IN HIS CUSTODY, TO THE EXCLUSION OF ANY OTHER OBJECT OR PURPOSE. Ido-data draws the attention of all Users to the fact that the DIAL Solution :
THE PRECAUTIONS FOR USE OF THE DIAL SOLUTION, AND MORE SPECIFICALLY OF THE BRACELET, ARE INCLUDED IN THE SPECIFIC INSTRUCTIONS FOR USE ACCOMPANYING THE SALE OF EACH BRACELET, AS WELL AS ON THE WEBSITE ACCESSIBLE AT https://dial.snsm.org/les-caracteristiques-techniques/ AND/OR ANY SUFFIXES AND/OR ACCESS FIELDS THAT REFER TO IT.
- Operates with a multi-operator sim card integrated into the beacon, which requires the purchase of sufficient Digital Use Credits for the period of activity envisaged;
- Operates only in the event of operational coverage by the GPS network, the supplier and the GSM/GPRS network operator in the area of activity;
- Does not therefore operate in the event of malfunctioning of the GPS network and/or the supplier and/or the GSM/GPRS network operator in the area of activity in question;
- Does not replace the safety equipment required for the activity in question, nor the safety instructions given in the context of the said activity;
- Does not work underwater and is therefore not suitable for diving;
- Is not suitable for use on the high seas, outside the GSM/GPRS network coverage zone; Must be used in strict compliance with the Precautions for Use.
2.2. The DIAL Solution is a device connected to the GPS and GSM/GPRS networks, composed of a waterproof beacon inserted in the Bracelet, intended for the User, who wears it, and of the dedicated DIAL Application, which must be legally downloaded by the Client and the Referrers, following acceptance.
The use of the DIAL Solution, through the activation of the beacon inserted in the Wristband, implies the consumption of Digital Use Credits, the terms of purchase of which by the Client are specified in article 6 below.
Following activation, which can only be done by the action of the User wearing the Bracelet, the Bracelet regularly reports the GPS position of the practitioner on the dedicated DIAL Application and allows him to launch an alert. The Referrer can then alert the emergency services and transmit the location received from the User wearing the Bracelet.
2.3. THE DIAL SOLUTION WORKS ONLY IN AREAS OF MOBILE GSM/GPRS NETWORK COVERAGE, WHERE GPS SIGNALS CAN BE RECEIVED, AS SPECIFIED IN THE PRECAUTIONS FOR USE OF THE DIAL SOLUTION, INCLUDED IN THE SPECIFIC INSTRUCTIONS FOR USE, ACCOMPANYING THE SALE OF ANY BRACELET, AS WELL AS ON THE WEBSITE ACCESSIBLE AT https://dial.snsm.org/les-caracteristiques-techniques/ AND/OR ANY SUFFIXES AND/OR ACCESS FIELDS THAT WOULD REFER TO IT.
2.4. No exploitation of the DIAL Solution and/or as such, of the DIAL Bracelet and/or Application, is authorised outside the conditions of the GTCU.3. PURCHASE OF A BRACELET PRIOR TO ANY USE OF THE DIAL SOLUTION - NON-CONFORMITY - RETURN
3.1. As the DIAL Solution is based on the connection between a Wristband and the DIAL Application, the Client must purchase a Wristband prior to any use. Otherwise, the DIAL Solution will be deprived of its functionalities. The purchase of the Wristband includes an initial package of Digital Use Credits determined under normal operating conditions of the DIAL Solution (position feedback every 5 minutes, following activation of the beacon inserted in the Wristband, excluding activated alert mode), according to the conditions of the offer in force at the time of purchase. The purchase price of the Bracelet includes this basic package of Digital Use Credits.
The Customer may purchase a Bracelet:
- on its online shop, accessible at dial.snsm.org;
- by sending a dedicated request by email to firstname.lastname@example.org. In this case, ido-data shall send the Customer the offer and a corresponding order form, including these GTCU, if the latter confirms his wish to purchase, at all professional representations in which it participates (trade shows, fairs, points of sale, etc.);
from the Société Nationale de Sauvetage en Mer (S.N.S.M), an authorised distributor, via the website https://laboutique.snsm.org/;
from its other authorised distributors.
For any personalised request, the Customer is invited to contact ido-data at email@example.com. In such a case, ido-data will draw up a suitable quote on receipt of the specifications transmitted.
The Customer undertakes to transmit accurate and authentic information as part of the Bracelet(s) purchase procedure. It is up to him to check the accuracy of his Bracelet(s) order and to immediately inform ido-data of any error. All information provided by the Customer when placing an order is binding on ido-data, which shall not be held responsible for the consequences of any error. Any request to modify the Customer's order will be subject to IDO DATA's express agreement, except in the case of distance purchasing, in accordance with the provisions of article 5 below.
The duration of remote offers, unless otherwise indicated in the offer itself, is thirty (30) days.
3.2. Bracelets in stock are usually available within seven (7) working days from receipt of the Customer's order by ido-data. Bracelets that are not in stock are usually delivered within a maximum of ninety (90) days from receipt of the User's order by ido-data.
In any case, ido-data shall confirm to the Customer, when notifying the order, the indicative delivery time for the Bracelet ordered.
3.3. The Bracelets are sold at the prices in force in the commercial brochure, which can be consulted on the website accessible at https://dial.snsm.org/ and/or all suffixes and/or access fields that would refer to it, on the day of purchase of the Bracelet(s). The prices are expressed in Euros, all taxes included. The costs of processing, shipping, transport and delivery, excluding the immediate delivery of a Bracelet, in the event of a physical purchase, are invoiced in addition, under the conditions also indicated in the said commercial brochure, and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
3.4. The price is payable in one go, when the order is placed, by cash, cheque, subject to effective collection, bank transfer, online payment by authorised bank cards, Paypal or Apple-pay, via the Payment Intermediary.
ido-data will send the Customer an invoice by any means, following the purchase of the Bracelet(s).
3.5. Upon delivery or receipt of any Bracelet, it is the Client's responsibility to carry out all checks and make all necessary reservations, in accordance with the legal provisions in force. In the event of non-conformity of a Bracelet delivered, the Customer must make a reasoned complaint. The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Bracelet (Article L. 211-12 of the Consumer Code).
The return may only concern Bracelets that have been kept in their condition at the date of provision by ido-data to the Customer.
Any return is therefore excluded in case of misuse, non-compliance with storage conditions, negligence on the part of any User, as well as in case of normal wear and tear or force majeure or if any User has made, on his own initiative, modifications to the Bracelet. The costs and risks of return transport are in this case at the expense of the Customer.
3.6. For any question relating to a Bracelet purchased from ido-data, (order, invoice, after-sales service, non-conformity, implementation of guarantees), the Customer is invited to contact ido-data at the email address firstname.lastname@example.org, or by telephone (call not surcharged) at the number +33 (0) 4 28 29 61 45 (article L. 121-18 of the Consumer Code).4. RIGHT OF WITHDRAWAL IN CASE OF REMOTE PURCHASE OF THE BRACELET
4.1. IN ACCORDANCE WITH THE APPLICABLE REGULATIONS, THE CUSTOMER HAVING MADE A REMOTE PURCHASE OF A BRACELET, WITHIN THE MEANING OF ARTICLE L. 221-1 OF THE CONSUMER CODE, HAS, EXCEPT FOR THE EXCEPTIONS PROVIDED FOR IN ARTICLE 5.2 BELOW, A WITHDRAWAL PERIOD OF FOURTEEN (14) DAYS FROM THE EFFECTIVE DATE. ANY IMMEDIATE DELIVERY OF A BRACELET, ON THE OCCASION OF A PHYSICAL PURCHASE, DOES NOT GIVE THE RIGHT TO WITHDRAW, IN ACCORDANCE WITH THE LAW.
4.2. THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED FOR CONTRACTS :
1° SUPPLY OF SERVICES FULLY EXECUTED BEFORE THE END OF THE WITHDRAWAL PERIOD AND WHOSE EXECUTION HAS BEGUN AFTER PRIOR EXPRESS AGREEMENT OF THE USER AND EXPRESS WAIVER OF HIS RIGHT OF WITHDRAWAL;
2° SUPPLY OF GOODS MADE TO THE USER'S SPECIFICATIONS OR CLEARLY PERSONALISED;
3° SUPPLY OF GOODS LIKELY TO DETERIORATE;
4° SUPPLY OF GOODS WHICH HAVE BEEN UNSEALED BY THE USER AFTER DELIVERY AND WHICH CANNOT BE RETURNED FOR REASONS OF HYGIENE;
5° THE SUPPLY OF GOODS WHICH, AFTER DELIVERY AND BY THEIR NATURE, ARE INSEPARABLY MIXED WITH OTHER ARTICLES;
6° THE SUPPLY OF AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHEN THEY HAVE BEEN UNSEALED BY THE USER AFTER DELIVERY;
7° THE SUPPLY OF DIGITAL CONTENT NOT SUPPLIED ON A PHYSICAL MEDIUM, THE EXECUTION OF WHICH HAS BEGUN AFTER THE CUSTOMER'S EXPRESS PRIOR AGREEMENT AND EXPRESS WAIVER OF HIS RIGHT OF WITHDRAWAL.
4.3. The Customer, who wishes to use his right of withdrawal in compliance with the above, has a period of fourteen (14) days following his withdrawal, to return the delivered Bracelet (unopened products and in blister pack). In this case, the Customer shall only pay the direct costs of returning the Bracelet. ido-data undertakes, for its part, to reimburse the Customer for the totality of the sums paid, including delivery costs, no later than fourteen (14) days following the date on which it was informed of the Customer's decision to withdraw.
ido-data reserves the right, however, in accordance with the applicable regulations, to postpone the reimbursement until recovery of the Bracelet to be sent back, until the Customer has provided proof of dispatch of the said bracelet.
4.4. For any question relating to his right of withdrawal, the Customer is invited to contact ido-data at the email address email@example.com, or by telephone (toll free) at +33 (0) 4 28 29 61 45 (article L. 121-18 of the French Consumer Code).5. CONDITIONS OF REGISTRATION AND ACCESS TO THE DIAL SOLUTION - USER ACCOUNTS
5.1 All Users acknowledge that they have the skills and equipment (computer, software, means of telecommunication) necessary to use the DIAL Solution, including legal downloading, access to the DIAL Application and its use, the purchase of Digital Use Credits (by the Client) and the use of the Bracelet in fine. Users shall, in any case, personally assume all costs related to this equipment (telecommunication costs in particular, etc.).
The DIAL Application must be legally downloaded from the App Store or Google Play by the Client and any Referrer, following acceptance.
5.2 The Client and each Referrer, upon acceptance, who wishes to access and use the DIAL Solution must first:
- (i) expressly accept these GTCU,
- (ii) create a dedicated User account on the DIAL Application,
- (iii) register in the DIAL Application the tag integrated into the Bracelet, by flashing, thanks to his smartphone, the QR Code present under the said tag,
- (iv) complete all the compulsory fields concerning his personal information (surname, first names, email, telephone, etc.). The said Referrers must, prior to any access to the DIAL Solution, accept to be a Referrer, as well as the GCU. They must then create a dedicated account on the DIAL Application, for the purpose of operating the DIAL Solution, including tracking and requesting the position of the User physically wearing the Bracelet.
5.3 The Client and any Referrer, following acceptance, declare and guarantee that all information provided as part of the registration procedures, creation and management of the User account is complete, accurate and authentic. The information provided by the latter is binding.
The Client and any Referrer undertake to update their personal information in the event of any modification or change affecting their personal situation and/or the elements declared above.
ido-data shall be entitled to suspend, block, deactivate and/or delete any access to the DIAL Solution for which, after ido-data has asked the User concerned for explanations, the information provided does not prove to be complete, accurate or precise. Furthermore, ido-data reserves the right to ask any User at any time, in accordance with the legal provisions in force, to reply and/or to produce any evidence to demonstrate the sincerity of the information listed above. In this respect, each User undertakes to provide, at ido-data's first request, the elements requested by the latter.ido-data reserves the right to ask any User at any time during a period of ten (10) years from the termination of the GTCU, whatever the cause or date, to reply and/or to produce any evidence to demonstrate the sincerity of the information listed above and/or his prior acceptance of the GTCU. ido-data may never be held responsible in the event of any User's failure in this respect, both in terms of form (failure to produce the requested elements, incomplete nature of the elements supplied or insufficiency of all or part of these elements in relation to ido-data's requests) and in terms of substance (absence of verification as to the sincerity of the information in question and/or prior acceptance of the GTCU). 5.4 THE FINALISATION OF EACH REGISTRATION IS CONDITIONAL ON THE EXPRESS ACCEPTANCE OF THE GGVUS BY THE CUSTOMER AND BY ANY REFERENT, FOLLOWING ACCEPTANCE.
The opening of a User account by the Client and any Referrer will be confirmed by the sending of an email to their attention.
5.5. Once registered on the DIAL Application, the Client and any Referrer will each have a personal space, where they will be able to find all the data and functionalities, for the purposes of operating the DIAL Solution and to which they will be able to connect using a personal identifier and password.
These identifiers and passwords will be required to connect to the DIAL Application. IDs and passwords are strictly personal and confidential.
All Users undertake never to use the account, login or password of another User.
Users must immediately report any suspected or unauthorised use of their accounts or fraudulent access to their passwords.
Any User may, at any time, decide to close their account. Unless an operation of the DIAL Solution is in progress at the time of closure, the account will be closed as soon as possible following the request of the User concerned. The User will then lose the benefit of any access and use of the DIAL Solution and consequently, of the functionalities linked to the activation of the Bracelet (in normal conditions of use as in alert mode).5.6. For any question relating to his registration on the DIAL Application and/or his personal space, the User is invited to contact ido-data at the email address firstname.lastname@example.org, or by telephone (toll free) at +33 (0) 4 28 29 61 45 (article L. 121-18 of the French Consumer Code). 6. PURCHASE OF DIGITAL USAGE CREDITS FOR THE OPERATION OF THE DIAL SOLUTION
6.1. The purchase of the Bracelet includes an initial package of Digital Use Credits, the purchase price including the price of these Credits.Following the exhaustion of these Digital Use Credits, any use of the DIAL Solution requires the purchase of new Digital Use Credits by the Client, in accordance with the offers appearing in the commercial presentation, which can be consulted on the website accessible at https://dial.snsm.org/ and/or any suffixes and/or access fields which would refer to it.
Thus, following the full consumption of the Digital Use Credits, the Client must place a new order for Digital Use Credits, in order to continue to benefit from the use of the DIAL Solution, according to the offers in force.
In the absence of a Digital Use Credit, Users are advised that they cannot benefit from the functionalities of the DIAL Solution without purchasing new Digital Use Credits. The Client is therefore invited to anticipate the consumption of each of the Digital Use Credits of all the User accounts it manages, in order to allow the DIAL Solution to be used for each of the Bracelets concerned.
The Digital Use Credits are valid, depending on the offer, for a period ranging from twelve (12) months to twenty-four (24) months with effect from the expiry date of the Digital Use Credits held, as shown on the corresponding invoice. The period of validity of the Digital Use Credits for each offer is detailed in the ido-data commercial presentation, which can be consulted on the website accessible at https://dial.snsm.org/ and/or any suffixes and/or access fields that refer to it.
After this period, the Digital Use Credits will become null and void and cannot be used.
They are non-transferable and personal, except with the prior written consent of IDO DATA.
6.2. The purchase of new Digital Use Credits must be made via the email address sent to the customer, when the available Digital Use Credits are about to expire. The purchase of Digital Use Credits is made via the payment intermediary,THE CUSTOMER IS EXPRESSLY INFORMED AND ACCEPTS THAT THE PAYMENT METHODS ARE MANAGED BY THE AFOREMENTIONED PAYMENT INTERMEDIARY, VIA DEMATERIALISED MONEY MEANS. THE CUSTOMER THEREFORE CONTRACTS DIRECTLY WITH THE PAYMENT INTERMEDIARY FOR THE PURCHASE OF DIGITAL USAGE CREDITS, ACCEPTING ITS GENERAL TERMS AND CONDITIONS, ACCESSIBLE AT THE FOLLOWING ADDRESS: HTTPS://STRIPE.COM/EN/SSA, BY MEANS OF A BOX TO BE TICKED WHEN REGISTERING AND BEFORE ANY ACCESS AND PURCHASE OF DIGITAL USAGE CREDITS.
6.3. In accordance with the provisions of Article L. 221-28 of the Consumer Code, the legal right of withdrawal provided for in Article L. 221-18 of the Consumer Code cannot be exercised for contracts for the supply of digital content not provided on a material medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
ANY USE OF DIGITAL CREDITS FOR USE, BEFORE THE END OF THE LEGAL WITHDRAWAL PERIOD, WILL THEREFORE BE CONDITIONAL ON THE PRIOR ACCEPTANCE AND EXPRESS WAIVER OF THE CUSTOMER, THROUGH A BOX TO BE CHECKED BEFORE ANY ACCESS AND PURCHASE OF DIGITAL CREDITS FOR USE.
6.4 For any questions regarding the transaction related to the payment of Digital Use Credits, the Customer is invited to contact the Payment Intermediary, the company Stripe Payments Europe, Ltd, in accordance with the contact details indicated in its general terms and conditions or via its contact section: https://stripe.com/contact.7. USERS' COMMITMENTS - PROHIBITED USES
Users acknowledge that the rights to the DIAL Solution are reserved.
Each User is solely responsible for the use they make of the DIAL Solution. The Referrers acknowledge in particular their responsibility in this regard, in the context of monitoring and, where appropriate, the request for the position of the User wearing the Bracelet.The DIAL Solution as a whole, the DIAL Application and the Bracelet must be used by any User for the sole purpose and scope described in the preamble and in Article 2 above, to the exclusion of any other purpose than those expressly provided for in the GCU.
All Users shall refrain, in the context of accessing and/or using all or part of the DIAL Solution, from engaging in acts, of any kind whatsoever, which would be contrary to French legislative and regulatory provisions and/or would infringe public order or the rights of a third party.
In addition, without this list being exhaustive, all Users are prohibited from
8. NAME INFORMATION - PERSONAL DATA
- using all or part of the DIAL Solution in an illegal or fraudulent manner, or for illegal or fraudulent purposes or effects,
- using all or part of the DIAL Solution other than in the context of normal use, it being specified that any use and activity deemed disproportionate or unfounded will be considered as not falling within the scope of normal use,
- publishing, transmitting, publish, transmit, distribute, publish or make accessible on or through all or part of the DIAL Solution, any content that could constitute, without this list being exhaustive, a violation of public order and/or morality, defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, racial hatred and more generally to the commission of crimes and offences; spreading false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and/or works, software, content prohibited by law or infringing the rights of third parties; infringement of the authority of justice; infringement of privacy, protection of personal data or secrecy of correspondence; apology for crimes against humanity or denial of genocide; disclosure of information covered by secrecy or by the right to privacy; or any act endangering minors, the production, transmission, distribution or accessibility of messages of a violent, paedophilic or pornographic nature, or of a nature to undermine human dignity or to allow the production of explosives,
- or to attempt to mislead other Users, in particular by usurping the identity or damaging the image or reputation of others, falsifying Data, messages or documents, message headers or identification or connection data or manipulating in any other way an identifier or information in such a way as to conceal the origin of the transmission of a content via all or part of the DIAL Solution,
- to engage in any infringement of intellectual property rights (including software, databases, images and text) or any other proprietary rights belonging to others,
- to knowingly upload, post, broadcast, transmit or otherwise make available any content that contains or consists of computer viruses or any other computer code or programs designed to interrupt, destroy, hijack or limit the functionality or performance of any software, computer, service or electronic communications tool, without this list being restrictive,
- to use all or part of the DIAL Solution to deliberately transmit elements containing viruses, Trojan Horses, spyware, adware or any other harmful program or similar computer code designed to harm the proper functioning of all or part of the DIAL Solution,
- to download any Data placed online or made accessible by ido-data, directly or indirectly, on all or part of the DIAL Solution, with the exception of those expressly indicated as downloadable by ido-data,
- to disrupt, slow down, block or alter the normal flow of Data, to modify or alter or commit any other action having an equivalent disruptive effect on the functionalities of all or part of the DIAL Solution,
- to post, indicate or disseminate, in any form whatsoever, information or content that has the effect of diminishing, disorganising or preventing the normal use of all or part of the DIAL Solution, or interrupting and/or slowing down the normal flow of information
- to post, indicate or disseminate in any form whatsoever information or content including links to third party sites that are illegal and/or contrary to good morals,
- to use all or part of the DIAL Solution to transmit or facilitate the sending of unsolicited or unauthorised advertising or promotional material,
- to act unfairly towards ido-data and consequently, to disrespect and damage in any way whatsoever the image and reputation of ido-data and all or part of the DIAL Solution
- If ido-data considers that any information transgresses or may transgress any of the provisions of the GTCU, it reserves the right, after having given the user the opportunity to present its observations, at any time and without limitation of any other action, in law or in equity, to: (i) refuse to allow the User concerned to access this information, (ii) permanently delete this information, (iii) delete or suspend the access of the defaulting User to all or part of the DIAL Solution, and/or (iv) use any technological, legal, operational or other means at its disposal, with a view to obtaining the forced execution of the provisions of the GTCU.
The personal data protection charter established by ido-data (the "Charter") indicates to Users the rules for collecting and processing their personal information, within the framework of accessing and using the DIAL Solution.
All Users must accept this Charter when they register before using the DIAL Solution for the first time. Following acceptance, the rights and obligations of Users defined in the Charter apply to all processing of their personal data, for the purposes referred to therein.
The Charter accepted by each User can be consulted at any time in his personal space. The Charter in force is also accessible on https://dial.snsm.org/regles-de-confidentialite/.9. INTELLECTUAL AND INDUSTRIAL PROPERTY - COPYRIGHT
9.1. The name "ido-data", the logos, taken collectively as well as individually, the domain names and all other trademarks and/or trade names are trademarks, trade names or service marks of ido-data; the elements of the DIAL Solution and in particular the Bracelet, the DIAL application and all other elements of intellectual and industrial property relating thereto (collectively the "Intellectual Property Rights") are reserved for ido-data, alone or in association with others, until the last right attached thereto regularly falls into the public domain.
9.3 Any User expressly agrees, directly or indirectly, until the last right attached thereto regularly falls into the public domain, not to put online, download, integrate, publish, register, send, transmit or make available, in any way whatsoever, any Data.
More broadly, all Users are prohibited from:
10. GUARANTEES - LIABILITY
- dissociating or attempting to dissociate all or part of the elements of the DIAL Solution, and in particular, without limitation, by using it other than for its purpose, by obtaining or using earlier or later versions of these components at different times or by transferring them separately,
- reconstituting the logic of all or part of the elements of the DIAL Solution, decompiling or disassembling it (them).
10.1. IDO-DATA IS NOT BOUND BY ANY OBLIGATION OF RESULT.
THE DIAL SOLUTION IS PROVIDED AS IS, WITHIN THE LIMITS OF TECHNICAL POSSIBILITIES. AS A CONSEQUENCE, ALL USERS ACKNOWLEDGE THAT IDO-DATA:
- CANNOT GUARANTEE AND DOES NOT PROMISE ANY OTHER PURPOSE WITH REGARD TO THE USE OF THE DIAL SOLUTION AS A WHOLE, THE BRACELET AND/OR THE APPLICATION THAN THAT PROVIDED FOR IN THE GGV, NOR CAN IT GUARANTEE USERS AGAINST THE RISKS INHERENT IN THE USE OF THE DIAL SOLUTION, THE BRACELET OR THE APPLICATION APART FROM THE PRECAUTIONS FOR USE APPEARING IN THE SPECIFIC INSTRUCTIONS FOR USE ACCOMPANYING THE SALE OF ANY BRACELET, AS WELL AS ON THE INTERNET SITE ACCESSIBLE AT https://dial. snsm.support/ AND/OR ANY SUFFICIENCY AND/OR ACCESS CHANNELS THAT MAY BE RELEASED THROUGHOUT.
- CANNOT GUARANTEE THE USERS AGAINST THE RISKS INHERENT TO THE USE OF THE DIAL SOLUTION AS A WHOLE, OF THE BRACELET AND/OR OF THE DIAL APPLICATION OUTSIDE THE GGVU,
- CANNOT BE HELD RESPONSIBLE IN CASE OF MALFUNCTIONING AND/OR OPERATIONAL ABSENCE OF COVERAGE, TOTAL OR PARTIAL, OF THE GPS NETWORK AND/OR OF THE PROVIDER AND/OR OF THE GSM/GPRS NETWORK OPERATOR IN THE ACTIVITY AREA OF THE USER PHYSICALLY WEARING THE BRACELET;
- DOES NOT EXERCISE ANY CONTROL OR SUPERVISION OVER THE CONTENTS RESULTING FROM THE USE OF THE DIAL SOLUTION AS A WHOLE, THE BRACELET AND/OR THE DIAL APPLICATION AND CANNOT BE HELD RESPONSIBLE IN THIS RESPECT,
- DOES NOT EXERCISE ANY CONTROL OVER THE USE OF THE DIAL SOLUTION AS A WHOLE, THE BRACELET AND/OR THE DIAL APPLICATION; AS A RESULT, IDO-DATA SHALL NOT BE HELD RESPONSIBLE FOR THE DELETION OF DATA OR ANY OTHER RESULT OBTAINED BY THE USE OF THE DIAL SOLUTION, THE BRACELET AND/OR THE DIAL APPLICATION,
- SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF DATA AS WELL AS FOR ANY IRREGULAR OR UNAUTHORISED USE OF THE CONTENTS STORED AND DISCLOSED THROUGH THE DIAL SOLUTION, IDO-DATA DOES NOT GUARANTEE THAT THE DIAL SOLUTION, THE BRACELET AND/OR THE DIAL APPLICATION WILL FUNCTION WITHOUT INTERRUPTION OR OPERATING ERROR, IDO-DATA BEING BOUND BY AN OBLIGATION OF MEANS IN THIS RESPECT. In order to offer a pleasant use of the DIAL Solution, IDO-DATA may need to correct possible bugs, to install updates or to carry out any diagnosis or maintenance, which are likely to make all or part of the DIAL Application less accessible or unavailable to the Users, for a determined period of time. IDO-DATA must be able to intervene in an emergency or suspend access to the DIAL Application, if it considers it necessary. IDO-DATA will do its best to make the DIAL Application available again as soon as possible, being bound only by an obligation of means.
IN NO EVENT SHALL IDO-DATA, ITS OFFICERS, PARTNERS, DIRECTORS OR EMPLOYEES, BE LIABLE TO OR BE HELD RESPONSIBLE BY THE USER OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ALL OR ANY PART OF THE ELEMENTS OF THE DIAL SOLUTION OR ANY OTHER DAMAGES BEYOND IDO-DATA'S CONTROL, AND IN PARTICULAR ARISING FROM: (I) THE VIOLATION OF THE GGVU AND/OR THE PRECAUTIONS FOR USE APPEARING IN THE SPECIFIC INSTRUCTIONS FOR USE, ACCOMPANYING THE SALE OF ANY BRACELET, AS WELL AS ON THE WEBSITE ACCESSIBLE AT THE ADDRESS https://dial. snsm. support/and/OR ALL SUFFICIENCIES AND/OR ACCESS CHAMPS WHICH REPLACE THIS; AND/OR (II) THE ABSENCE OF THE PRIOR PURCHASE OF DIGITAL USE CREDITS NECESSARY FOR THE OPERATION OF THE DIAL SOLUTION; AND/OR (III) IN CASE OF MALFUNCTION AND/OR OPERATIONAL ABSENCE OF COVERAGE, TOTAL OR PARTIAL, OF THE GPS NETWORK AND/OR OF THE SUPPLIER AND/OR OF THE GSM/GPRS NETWORK OPERATOR IN THE AREA OF ACTIVITY OF THE USER PHYSICALLY WEARING THE BRACELET; AND/OR (IV) ANY TECHNICAL DIFFICULTY OR PROBLEM AFFECTING ANY OF THE ELEMENTS OF THE DIAL SOLUTION; AND/OR (V) THE USE OF THE DIAL SOLUTION, THE BRACELET OR THE DIAL APPLICATION, IN RELATION TO THE NEEDS AND EXPECTATIONS OF THE USERS. IN THE EVENT THAT CERTAIN JURISDICTIONS DO NOT RECOGNIZE THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR DAMAGES ARISING FROM THE USE OF THE DIAL SOLUTION, BRACELET AND/OR DIAL APPLICATION, THE ABOVE EXCLUSIONS WILL NOT APPLY IN THOSE JURISDICTIONS.11. CHANGES TO THE GVW / DIAL SOLUTION - TERMINATION.
The GTCU may be modified by ido-data, in accordance with the applicable regulations (article L. 121-84 of the French Consumer Code). ido-data may, under the same conditions, waive, modify or delete all or part of the functionalities of the DIAL Solution, and in particular subject to informing the Client and any Referrer in advance, in accordance with the applicable regulations (article L. 121-84 of the French Consumer Code).
Any party to the GTCU is entitled to terminate it, without prejudice to any action for damages, in the event of the other party failing to fulfil any of its obligations and/or behaving in a manner contrary to the proper performance of the said GTCU, or contrary to public order or morality, if this is not remedied within thirty (30) days following the dispatch of a notice setting out the breach(s) in question. The termination will then take effect at the end of the said period of thirty (30) days, without any further formality.
Each of the parties to the GTCU may also validly terminate them in the event of a legitimate reason, and in particular in the event of a substantial modification of the GTCU and/or the DIAL Solution or any other event having the characteristics of force majeure, as this notion is usually understood by the case law and the French courts.
Early termination of the GTCU leads to the loss of the benefit of access and/or use of the DIAL Solution, including the benefit of unused Digital Use Credits, as of the effective date of termination. Therefore, in the event of termination of the GCVU, for whatever reason, the User concerned undertakes to definitively cease all use of the DIAL Solution.12. INDEMNIFICATION - IRREMEDIABLE DAMAGES
All Users agree to defend, indemnify and hold ido-data, and any person acting on its behalf, harmless, including, but not limited to, its associates, officers, directors, staff and partners, from all losses, expenses, costs, damages, claims and liabilities (including, but not limited to, any direct or indirect damages, legal fees, etc.) resulting from the use of the DIAL Solution.
Consequently, ido-data will be able to bring any recourse at its disposal, in law and in equity, including any request for an injunction, in order to ensure compliance with any provision of the GCUA.
In the event of use contrary to the provisions of the GTCU and/or the Precautions for Use, illegal or unauthorised use of the DIAL Solution, the Bracelet and/or the DIAL Application, whatever the element concerned that makes it up, ido-data reserves the right, after having requested, by all written means, the observations of the User in question, to take any appropriate action, and in particular to report the infringement to the judicial and/or police authorities.13. NOTIFICATIONS - WAIVER
Notifications to Client and Referrer Users are regularly made directly on the DIAL Solution. ido-data may also make all notifications by email and SMS, to the contact details indicated at the time of registration on the DIAL Application and/or following any update.
The fact that ido-data has not required the application of any clause of the GTCU, whether permanently or temporarily, may in no case be considered as a waiver of ido-data's rights arising from the said clause.14. COMMERCIAL OFFERS - THIRD PARTY SITES AND ELEMENTS
14.1 In accordance with the purposes set out in the Charter, the Client and any Referrer shall receive ido-data's commercial offers, communication plans and news. Any User shall be entitled to ask ido-data at any time to remove his address from its contact list, by email to the following address email@example.com.
14.2. The DIAL Solution may contain elements and/or hypertext links to websites and/or mobile applications managed by persons outside ido-data and over which the latter has no control.ido-data DOES NOT ASSUME ANY RESPONSIBILITY FOR THESE ELEMENTS, SITES, APPLICATIONS OR CONTENTS TO WHICH THESE ELEMENTS AND/OR HYPERTEXT LINKS MAY REFER. THE PRESENCE OF THESE HYPERTEXT ELEMENTS AND LINKS DOES NOT MEAN THAT ido-data APPROVES THE CONTENT IN ANY WAY. ido-data DOES NOT ASSURE ANY INTERMEDIATION OR IMMIXATION, AND THEREFORE SHALL NOT BE LIABLE, ON ANY BASIS AND AT ANY TIME, FOR ANY INTERACTION OR TRANSACTION MADE BETWEEN OR BY THE USERS. In particular, ido-data shall not be held liable for any transactions between users and the payment intermediary, and in particular, without limitation, for the purchase of digital usage credits or other services offered by the payment intermediary. 15. INTEGRALITY - INVALIDITY
The GTCS constitute the entire agreement between the parties with respect to these terms and conditions.
If one or more of the provisions of the GTCU are held to be invalid or declared as such in application of a law, a regulation - and in particular the law of the European Union - or following a final decision of a competent court, the other provisions shall retain all their force and scope and the parties shall proceed with the necessary modifications respecting, as far as possible, the spirit of the GTCU.16. APPLICABLE LAW - DISPUTES
These general conditions are drawn up in French. They are governed by French law. Any user may at any time refer to the consumer mediator for the amicable resolution of any dispute with IDO DATA (article L. 612-1 of the Consumer Code). The name and contact details of the consumer mediator(s) are indicated on the ido-data website, accessible at https://ido-data.fr/.
ANY DISPUTE BETWEEN ido-data AND A USER, RELATING TO THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THE GTCU, NOT BROUGHT TO THE CONSUMER MEDIATOR, NOR AMICABLY RESOLVED AT THE END OF A PERIOD OF SIXTY (60) DAYS FROM THE FIRST NOTIFICATION OF THE DISPUTE, SHALL BE BROUGHT BEFORE THE MATERIALLY AND TERRITORIALLY COMPETENT COURTS.