The company LaBigAddress, a simplified joint-stock company registered under French law with a capital of 1.500.00 euros registered under number 814 552 816 of the Paris trade and companies Register, located in 10 rue Notre Dame de Lorette 75009 PARIS, acting through its legal representative duly authorised to conclude the following (hereinafter « LaBigAddress »), publishes and manages the internet platform accessible with the url address www.labigaddress.com (hereinafter the PLATFORM).
The PLATFORM offers access to various communication solutions to accompany start-up companies, help them grow by giving them access to products, services, studies and key expertise (hereinafter Solutions) done by PARTNERS through a collaborative ecosystem.
The following General Conditions govern all services sales made on the PLATFORM, as well as the contractual provisions concerning the mutual rights and obligations of the parties when using the SERVICES of the PLATFORM.
The terms, mentioned below, indulge in the present General conditions, the following meaning:
- «COPILOT»: interlocutor dedicated to the BENEFICIARY within LaBigAddress. The COPILOT watches over the proper provision of the SOLUTIONS.
- «HOUR WORKED»: extends over the the following schedule:
– Monday from 10:30 am to 12:30 am and from 2 pm to 6 pm
– Tuesday from 10:30 am to 12:30 am and from 2 pm to 6 pm
– Wednesday from 10:30 am to 12:30 am and from 2 pm to 6 pm
– Thursday from 10:30 am to 12:30 am and from 2 pm to 6 pm
– Friday from 10:30 am to 12:30 am and from 2 pm to 6 pm
- «ACCOUNT»: The account of the BENEFICIARY on the PLATFORM enabling access to the SOLUTIONS ordered. Access to the ACCOUNT is done thanks to the credentials of the BENEFICIARY. In his ACCOUNT, the BENEFICIARY accesses his balance of BigTips and can also follow follow the progress of his SOLUTIONS and current orders.
- «BRIEF/SPECIFICATIONS»: Document to fill in during an offer order, which includes a description of the BENEFICIARY and the identification of his needs.
- «BigTip»: Virtual money enabling the order of services on the PLATFORM.
- «BENEFICIARY»: Co-contractor of LaBigAddress who orders SOLUTIONS on the PLATFORM. The BENEFICIARY has the professional status, a start-up company profile and has needs of accompaniment in their communication.
- «CREDENTIALS»: Confidential code of identification and password enabling access to the ACCOUNT. These credentials are given by LaBigAddress and are for the sole use of the BENEFICIARY who is solely responsible for them.
- «SOLUTIONS»: All communication services offered by the PARTNERS and available on the PLATFORM. After registering to LaBigAddress, the BENEFICIARY accesses 5 types of solutions offered:
– The Offers: On demand communication solutions
– The Packs: Pack of offers with an advantageous price (compared to a unit purchase) specifically chosen for the start-up companies’ development
– The Library: Documentation resources dedicated to development and communication for start-up companies
– The Dates: one-hour videoconference with an expert
– The Hub: available area for the BENEFICIARY to formulate his specific challenge
- «PLATFORM»: Accessible website with the address labigaddress.com gathering all the hosted web pages, services and functionalities offered by the USERS.« SERVICES»: désigne l’ensemble des services proposés par LaBigAddress aux UTILISATEURS dans le cadre de l’exploitation de la PLATEFORME.
- «SERVICES»: All services offered by LaBigAddress to the USERS in the context of using the PLATFORM.
- «USER»: Any person accessing and browsing the PLATFORM
- «PARTNER»: all USERs who are professionals registered on the PLATFORM to offer for sale his SOLUTIONS.
These Conditions for Sale are intended to:
- Define the conditions and modalities for linking the BENEFICIARIES with the PARTNERS,
- Regulating the sale of the SOLUTIONS available on the PLATFORM,
- Define the contractual provisions regarding the mutual rights and obligations of the parties in the context of using the PLATFORM to purchase a SOLUTION.
The BENEFICIARY is clearly informed and recognizes that these Conditions for Sale regulate any order made on the PLATFORM for the purchase of a SOLUTION.
Any order made on the PLATFORM necessarily implies unconditional acceptance of these Conditions for Sale.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The BENEFICIARY must read carefully the present General Conditions and accept them, before proceeding to a payment for SOLUTIONS order made on the PLATFORM.
The present General Conditions are referred to in the footer of each page of the PLATFORM with a link and must be read and accepted before booking. The BENEFICIARY is invited to carefully read, download, print the General Conditions and to keep a copy.
The BENEFICIARY agrees to read the General Conditions for each ne booking, the mast version of the present Conditions will apply to any new SOLUTIONS booking.
By clicking on the first button to place an order then the second to confirm the order, the BENEFICIARY recognizes that he/she has read, understood and accepted the present General Conditions without limitation or reservation.
4. CONTRACTUAL DOCUMENTS
The present General Conditions consist of the following contractual documents:
- The present document as well as the order’s specifications formally approved y the BENEFICIARY;
It is understood that these contractual documents mutually explain each other. However in case of any contradiction discrepancy regarding the terms of these contractual documents, they will prevail in the listed order above, the document in the higher rank will prevail on the lower rank.
5. ACCOUNT CREATION
To proceed to the purchase of a SOLUTION, the BENEFICIARY must be a professional with a start-up company profile.
Any BENEFICIARY can browse the PLATFORM with no obligation. However, to place an order or to add a SOLUTION to one’s cart, the BENEFICIARY must first create a BENEFICIARY account and connect to it.
During this creation, the BENEFICIARY will be invited to fill in the following precise and accurate information, necessary for the perfect progress and process of his/her order:
- e-mail address
- start-up / company name
The symbol (*) indicates the mandatory fields that must be filled in for the BENEFICIARY’s order to be processed by the PARTNER.
The BENEFICIARY will then be given a password enabling the connection of his ACCOUNT. He is advised to change the password when connecting for the first time.
The BENEFICIARY is regularly informed by the COPILOT and can monitor of the PLATFORM his order status. The BENEFICIARY can also contact the sales service of the PARTNER.
The information that the BENEFICIARY gives to the PARTNER during an order must be complete, accurate and updated. The PARTNER reserves the right to request the BENEFICIARY to confirm, by any appropriate means, his identity, and eligibility and given information.
The PLATFORM enables the BENEFICIARY to search, reserve and purchase SOLUTIONS from the PARTNERS.
6.1. SOLUTIONS’ characteristics
After registering on LaBigAddress, the BENEFICIARY accesses 5 types of solutions offered:
Each offer includes:
- Conditions mentioning the unfolding of the service
- The expected deliverable
- The delay interns of working days: It is understood that this delay is runs once the BRIEF: the COPILOT and/or the PARTNER validate SPECIFICATIONS.
When the BENEFICIARY purchases a pack including various offers, the BENEFICIARY relies on the LaBigAddress COPILOT for the good unfolding of the offers. According to the chosen pack, some offers can be carried out simultaneously.
When the BENEFICIARY chooses a documentary resource within the Library of LaBigAddress, it can be downloaded directly from the website.
The BENEFICIARY chooses a time slot suggested and available on the experts’ profile page. One cannot order dates 48 hours before a time slot is proposed.
A confirmation email is sent to the BENEFICIARY confirming the day and hour of his meeting. a link enabling access to his videoconference area is sent. This area will only be active in the moment of the booked meeting.
The videoconferences are recorded and kept by LaBigAddress during one month. The LaBigAddress staff can only see the recorded videoconferences.
The BENEFICIARY fills in his request with the document and LaBigAddress gets back in touch with him within 72 hours to think about which offer could best correspond to the request, or to find an alternative solution.
Each PARTNER will present the SOLUTIONS’ characteristics as clearly as possible and mandatory obligations that the BENEFICIARY must receive under applicable law. Therefore, the BENEFICIARY accepts to read them carefully before proceeding to an order on the PLATFORM.
The SOLUTIONS’ availability is confirmed within a delay of 8 working hours mentioned when the BENEFICIARY orders on the PLATFORM.
Unless expressly indicated on the PLATFORM, all SOLUTIONS sold by the PARTNER are fully in line with current EU legislation and with the applicable standards in France.
6.2. Order process
The SOLUTIONS orders are directly placed on the PLATFORM via the BENEFICIARY’s ACCOUNT. To place an order, the BENEFICIARY must follow the steps listed below (It is however mentioned that depending on the BENEFICIARY’s starting page, the steps can slightly differ).
6.2.1. BigTips purchase
To benefit from a SOLUTION offered by LaBigAddress, the BENEFICIARY must purchase the necessary amount of BigTips, the specific LaBigAddress currency. Once the BigTips are credited to his account, he may choose his SOLUTION.
The BigTip’s price is digressive depending on the amount that is purchased in one go.
- 1 BigTip = 78€ excl. tax per unit
- 2 BigTips = 148€ excl. tax, meaning 74€ excl. tax per unit
- 5 BigTips = 360€ excl. tax, meaning 72€ excl. tax per unit
- 10 BigTips = 680€ excl. tax, meaning 68€ excl. tax per unit
- 30 BigTips = 1,980€ excl. tax, meaning 66€ excl. tax per unit
- 50 BigTips = 3,200€ excl. tax, meaning 64€ excl. tax per unit
- 100 BigTips = 6,200€ excl. tax, meaning 62€ excl. tax per unit
- 150 BigTips = 8,700€ excl. tax, meaning 58€ excl. tax per unit
- 200 BigTips = 11,200€ excl. tax, meaning 56€ excl. tax per unit
The BENEFICIARY will find the price of the BigTips on the PLATFORM, in euros excluding taxes and including all taxes.
Any tax rate modification on the applicable added value (VAT) may have an impact on the BigTips’ prices all tax included from the date of entry into force of the new rates.
The VAT rate applicable is expressed as a percentage of the pre-tax value of the sold BigTips.
The BENEFICIARY is informed that the mentioned prices on the PLATFORM may change, particularly with special offers or sales. Indeed, the BENEFICIARY purchasing BigTips on the PLATFORM can benefit from preferential rates.
The mentioned prices are valid, except in case of gross negligence. The applicable price is the one indicated on the PLATFORM on the date of the purchase made by the BENEFICIARY.
The BENEFICIARY may add to his cart as many BigTips as he wishes.
Once the BigTips are selected and placed in the cart, the BENEFICIARY must click on the cart and check if the amount in his order is correct.
Once the BENEFICIARY validates his cart’s content and he is identified/registered, an automatically filled in online form will pop up and sum up the amount of BigTips deducted from his ACCOUNT.
The BENEFICIARY is invited to check the content of his order (for example, the means of payment and price) before validating its content.
After validating the following General Conditions of sale, the BENEFICIARY can then proceed to the secure payment for the BigTips by following the instructions on the PLATFORM and giving the mandatory information to invoice the BigTips.
The BigTips can either be bought with:
- A credit card (service under way). The BENEFICIARY will have to give his personal data before clicking on the button enabling his order confirmation, by filling in the mandatory « card holder », « card number », « expiration date » and « card security number » fields. In this context, the BENEFICIARY ensures LaBigAddress that it detains all the necessary authorizations to proceed to the credit card payment. By providing his credit card number, the BENEFICIARY authorizes LaBigAddress to debit the total amount of the order. All the necessary steps shall be taken to guarantee the security and confidentiality of the given data online in the context of the online payment on the PLATFORM.
- Paypal, with the classic Paypal procedure
Transfer with the following references IBAN: FR76 1020 7001 8422 2143 3333 034
- Cheque, sent to the following address 10 rue Notre-Dame-de-Lorette 75009 Paris.
The BigTips will be credited on the ACCOUNT of the BENEFICIARY as soon as the payment is received by LaBigAddress. The validity period of the BigTips is 3 years starting from the date they were credited on the beneficiary’s account.
The BigTips order is personal and for the BENEFICIARY only and cannot by transferred to a third party without the prior written permission from LaBigAddress.
The BigTips may then be used to order communication SOLUTIONS on the PLATFORM.
During the order process, the BENEFICIARY will have to give all the necessary information for the invoice (the sign (*) indicates the mandatory fields that must be filled in for the BENEFICIARY’s order to be processed by the PARTNER)
LaBigAddress then notifies the BENEFICIARY of the confirmation and sends a recap of the order by email, to the address given by the BENEFICIARY when registering.
At the end of the order, LaBigAddress will send an invoice by email to the BENEFICIARY corresponding to his BigTips order.
6.2.2. BigTips offered for free
The BENEFICIARY may be granted with BigTips fro free on his account during his registration on the marketplace.
In case the BENEFICIARY’s credit has zero BigTips, and in the context of its trade policy, LaBigAddress credits his account with one BigTip, then the BENEFICIARY acknowledges he has been informed of the fact that to order a solution with this BigTip, he must purchase a minimum of one extra BigTip.
6.2.3. Selection of the SOLUTIONS
The BENEFICIARY will have to select the SOLUTION of his choice by clicking on its description. He chooses the SOLUTION needed amongst the ones available. Once the SOLUTION is selected, it is placed in the BENEFICIARY’s cart. The BENEFICIARY can add to his cart as many SOLUTIONS as he wishes.
Once the SOLUTIONS are selected and placed in the cart, the BENEFICIARY must click on the cart to check that the content of his order is correct. If the BENEFICIARY has not done so yet, he will be invited to identify himself or register again.
Once the BENEFICIARY will have validated the content of his cart and identified/registered, an automatically completed online form summing up the necessary amount of BigTips to order the SOLUTIONS will pop up.
The BENEFICIARY is invited to check the content of his order before validating its content.
After validating the following General conditions of sales, the BENEFICIARY can then proceed to the payment of the SOLUTIONS thanks to the BigTips bought before, by following the instructions indicated on the PLATFORM et will have to give all the necessary information to process the SOLUTIONS.
Concerning the SOLUTIONS for which options are available, the specific references appear when the right options have been selected. The orders placed must include all the necessary information to be processed.
The order will be definitely validated when full payment of the SOLUTIONS is made, being clarified that the sale will however be subject to the resolutely condition that the ordered SOLUTION is available. The BENEFICIARY is informed at the moment of the order about the availability or unavailability of the SOLUTIONS.
6.2.5. Acknowledgment of receipt
Once the described steps above are completed, a page appears on the PLATFORM to inform the BENEFICIARY that his order has been taken into account and processed.
A LaBigAddress COPILOT will assign a PARTNER to process the SOLUTION.
The BENEFICIARY will be informed about the way his SOLUTION order will be processed by his COPILOT, until delivery of the order.
6.3. Date of order – Service delivery
The date of the SOLUTION’s order is given to the BENEFICIARY on the PLATFORM by email, provided that the given email address in the form is correct.
Should the BENEFICIARY be late in the SOLUTION’s processing, the PARTNER will still have to deliver the SOLUTION.
Once the SOLUTION has been implemented, the BENEFICIARY can comment and grade the PARTNER.
For all SOLUTIONS, the BENEFICIARY will find the BigTips’ prices on the PLATFORM.
The prices indicated are valid, except in case of gross negligence. The applicable price is the one indicated on the PLATFORM on the date the order is placed by the BENEFICIARY.
6.5. SOLUTIONS availability
The PARTNER undertakes to honor the orders received provided that
The unavailability of a SOLUTION mentioned in principle when the BENEFICIARY is ordering the SOLUTION on the PLATFORM.
If the BENEFICIARY decides to cancel his order of unavailable SOLUTIONS, he will be reimbursed for the BigTips spent for the unavailable SOLUTIONS 30 days after the order at the latest.
7. MODIFICATIONS AND CANCELLATIONS OF ORDERS
The BENEFICIARY is a professional does not have the right to withdraw the order of BigTips or SOLUTIONS in the context of the present General Conditions of sale.
Once one or more BigTips are purchased, one or various SOLUTIONS ordered, the order can eventually be subject to a cancellation, a withdrawal or a modification only within 24 hours and only with the prior written agreement of LaBigAddress, the later being under no obligation to accept.
Any eventual cancellation or withdrawal of a BigTips or SOLUTIONS order made by the BENEFICIARY acquires LaBigAddress with the entire payment to which it would have been entitled for this order, as debit and with no damage of any additional allowance that LaBigAddress could claim through judicial channels.
If LaBigAddress decides not to apply the previous paragraph, LaBigAddress will be able to invoice the BENEFICIARY who would have canceled an order unilaterally an equivalent of 10% of the BigTips or SOLUTIONS order corresponding to processing expenses on the concerned file.
8. OBLIGATIONS of LABIGADDRESS
8.1. General Principles
It is expressly agreed between the parties that LaBigAddress is subject to a general obligation of means and that it is not subject to any result obligation or any reinforced means.
Generally speaking, LaBigAddress does not guarantee that the use of SERVICES will generate an increase of the turnover for the BENEFICIARIES.
LaBigAddress undertakes to use all means available to ensure the PLATFORM’s access and use continuity, 24/7.
LaBigAddress will do its best to guarantee the USERS optimum security when browsing on the PLATFORM. However, LaBigAddress accepts no responsibility:
- If the PLATFORM cannot be accessed temporarily, for technical maintenance operations or updates of published information;
- If the PLATFORM has a virus attack or done by a third party on the PLATFORM and its eventual consequences;
- If the PLATFORM is abnormally used or illegally used, the USERS will then be sole responsible for the damages caused to third parties and for the consequences of the claims or actions that may follow.
The information given on the PLATFORM are given for reference and will in no way engage the responsibility of LaBigAddress on the basis of its accuracy.
9. OBLIGATIONS FOR THE USERS
9.1. General principles
In the context of using the PLATFORM, each USER undertakes not to infringe public order and to conform to the applicable laws and rules, to respect the rights of the third parties and the provisions of the present General Conditions of sale.
Each USER has the obligation of:
- Behaving in a loyal way and in good faith with LaBigAddress, other USERS and third parties;
- Being honest and sincere in the information given to LaBigAddress and also to other USERS;
- Not usurping the identity of a person, USER or not;
- Using the PLATFORM, the SERVICES or the SOLUTIONS in accordance with their purpose as described in the present General Conditions of sale;
- Not distorting the purpose of the PLATFORM, the SERVICES or the SOLUTIONS to commit crimes, felonies or infringements punishable under the Criminal Code or any other law;
- Respecting privacy of others and the confidentiality of exchanges;
- Not attempting to alter the meaning of the articles 323-1 and following from the Penal Code to the automated data processing systems used on the PLATFORM;
- Not using the PLATFORM to send out a mass of unsolicited messages (advertisement or others);
- Not to broadcast data which would alter, disorganize, slow down or interrupt the normal functioning of the PLATFORM.
In accordance with statutory and regulatory provisions and in accordance with the law from July 29, 1981 on the freedom of press, each USER, including the BENEFICIARY when he is required to note and/or comment the SOLUTIONS ordered, undertakes not to broadcast online messages, information or elements:
- Degrading LaBigAddress;
- Contrary to public policy or to good morals;
- Deemed abusive, defamatory, racist, xenophobic, revisionist, or prejudicial to the honor or reputation of others;
- Promoting discrimination, hatred against a person or a group of persons based on their ancestry, their ethnicity, their national origin, their racial characteristics, or religion.
- Threatening a person or a group of persons;
- Of pedophile or pornographic nature;
- Prejudicing the sovereignty or territorial integrity of any State party, encouraging committing a felony, a crime or an act of terrorism or approving of a war crime or a crime against humanity;
- Encouraging suicide;
- Enabling third parties directly or indirectly to procure pirated software, software serial numbers, software enabling hacking and intrusion into IT and telecommunication systems, viruses and other logic bombs and in a general way any software or other allowing violations of the rights and security of people and goods;
- Of commercial nature (prospection, solicitation, prostitution);
- Protected by copyright, except if he guarantees to detain permission from the copyright holder and can submit the evidence;
- Presenting unfair practices;
- Undermining the presumption of innocence of persons or the respect and authority for Justice;
- Damaging or disrupting in any way the IT system of LaBigAddress.
9.2. Obligations of the BENEFICIARY
It is the BENEFICIARY’s responsibility to check everything before ordering the SOLUTIONS from the PARTNERS.
The BENEFICIARY undertakes giving correct and complete information and to keep them updated to open his BENEFICIARY ACCOUNT as well as the payment information.
The BENEFICIARY undertakes leaving comments in French.
10. INTELLECTUAL PROPERTY
10.1. Intellectual property rights
The USERS recognize the intellectual property rights of LaBigAddress for the SERVICES, the PLATFORM, its components and contents and renounce all contestation of any form.
The brands, logos, slogans, graphics, pictures, animations, videos, software solutions and texts in the PLATFORM are the exclusive intellectual property of LaBigAddress or of the PARTNERS and cannot be reproduced, used or represented without a prior explicit authorization or face judicial proceedings.
Any representation or reproduction, total or partial, of the PLATFORM and its content, with any process, without the prior explicit agreement of LaBigAddress, or of the PARTNERS regarding contents they have broadcasted, is forbidden and will be considered as a counterfeit punishable by the articles L.335-2 and following the articles L.713-1 and following go the Intellectual Property Code.
For this reason, the BENEFICIARY forbids himself to:
- Reproduce and/or represent any element composing the PLATFORM including texts, images, pictures, illustrations and documents on whatever media;
- Adapt, arrange, modify, correct, associate, translate in any other language, place on the market either free of charge or in return of a fee, sell, parts or the full PLATFORM or any other composing element with whatever means and media.
Particularly, LaBigAddress expressly prohibits:
- The extraction, with temporary or permanent transfer of the whole or a qualitatively or quantitatively substantial part of the contents of the database in any form or matter;
- The re-use, by making available he whole or a qualitatively or quantitatively substantial part of the contents of the database in any form or matter;
The acceptance of the present General Conditions confirms recognition on the part of the USERS of the intellectual property rights of LaBigAddress and commitment to respect them.
10.2. User License of the PLATFORM
LaBigAddress grants a personal, non-exclusive and non-transferable license to the USERs allowing them to use the PLATFORM in accordance with the present General Conditions.
Any other use of the PLATFORM and its content is excluded from the present license and will not be allowed without the prior explicit permission of LaBigAddress.
10.3. Intellectual property rights linked to the SOLUTIONS
Without prejudice to his own enjoyment of the collective works, intellectual and artistic intellectual property right of the documents created and produced by the PARTNER in the context of the SOLUTIONS have been assigned to LaBigAddress.
LaBigAddress grants the BENEFICIARY with intellectual and artistic rights for all the documents created and produced by the PARTNER in the context of the SOLUTIONS by the achievement of the SOLUTIONS, and after the final payment due to LaBigAddress.
The PARTNER agrees upon the cession for the creations and works, unless the cession contract specifically provides otherwise.
The cession is agreed upon in the entire world, during 99 years and for all exploitation rights (reproduction and exploitation rights), with respect to the moral right of the author, in accordance with the Intellectual Property Code.
Also, the CLIENT forbids himself from adapting or modifying the work of the PARTNER, if a prior agreement has been received.
The BENEFICIARY expressly authorizes LaBigAddress to use the BENEFICIARY’s name as an institutional reference, particularly on the PLATFORM, its brochures or institutional documents. In this respect, the BENEFICIARY authorizes LaBigAddress to reproduce its name and, if it exists, its main logo (also if it a registered trademark), for a period of ten years starting from the last SOLUTIONS order placed by the BENEFICIARY and for the entire world taking into account the trans frontier nature of internet. In no case will LaBigAddress be able to use this name or logo as a trademark.
The BENEFICIARY undertakes mentioning in good faith the corporate name of LaBigAddress to promote the creations and strategies delivered in the context of the present General Conditions of sale.
12.1. Responsibilities of LaBigAddress
The USER will be able to hold LaBigAddress for responsible as soon as he will have given prior notification by a registered letter with a notification of receipt of the alleged failure and that LaBigAddress will not have replied within a delay of thirty (30) days from the date of of the legal notice reception. In any case, it is reminded that LaBigAddress’ responsibility will only be seeded in the case of a proven failure.
Furthermore, LaBigAddress will never be held responsible for the following:
- In case of temporary impossibility to access the PLATFORM for technical maintenance operations or published information updates. The USERS recognize that LaBigAddress will not be held responsible will not be held in the case of dysfunctions or interruptions of transmission networks or USERS’ hardware on the PLATFORM;
- In case of viral attacks;
- In case of unusual usage or unlawful exploitation of the PLATFORM;
- The contents of outside websites to which links on the PLATFORM lead to;
- In case of non-compliance to the General Conditions attributable to the USERS;
- In case of a delay or breach in its obligations, when the reason for the delay or the breach is due to force majeure;
- In case of foreign cause not attributable to LaBigAddress.
Concerning the SERVICES, LaBigAddress draws the USERS attention on the fact that the current communication protocols on the Internet do not ensure in a certain and continuous way the electronic exchanges transmissions (messages, documents, identity of the sender and receiver). LaBigAddress declines any responsibility in case of data loss, intrusions, virus, service breakdown, or any other foreign cause not attributable to LaBigAddress.
Concerning the referencing service, it is reminded that the presentation of the PARTNER’S SOLUTIONS on the PLATFORM in response to a request coming from the USER in the PLATFORM’s search engine; and also its presence or not in the results displayed, or its rank or display modality, are only determined by the USER’s criteria amongst those suggested. LaBigAddress is in no way responsible for a PARTNER’s poor positioning in the answers given to the USERS of the PLATFORM.
Furthermore, due to the nature of Internet (interconnection of a multitude of independent interveners) no one can guarantee the overall functioning of networks from end to end. LaBigAddress will thus never be held responsible for any harm it is not directly the origin of.
Never shall the responsibility of LaBigAddress be sought after, whatever action is brought, for indirect harm of any sort for example, without this list being exhaustive, any financial or commercial harm, loss in benefit, commercial issue, harm to a third, or action brought by a third against the USER as well as its consequences, linked to the following and their implementation. The USER is the sole responsible of any harm, direct or indirect, material or immaterial caused by him to LaBigAddress or to third parties by using the SERVICES.
It is expressly understood between the parties that the stipulations of the present clause will continue to be applied even in the case of a resolution of those found by a judicial decision, which has become final.
Either way, LaBigAddress’ responsibility is limited to the lower of the following:
- Either the total paid amount by the BENEFICIARY over the last twelve (12) months prior to the incident engaging LaBigAddress’ responsibility,
- Either the effective amount paid by the BENEFICIARY for the SERVICES given by LaBigAddress in the context of an order that lead to the incident, the extent of the responsibility being limited to the lowest amount of the two.
The present clause is essential and determining for LaBigAddress.
12.2. The PARTNER’s responsibility
It is stated that the PARTNER’s responsibility, in no circumstances, will be engaged in case of non-execution or poor execution of the contractual provisions attributable to the BENEFICIARY, specifically when placing the order.
The PARTNER will not be held responsible, or considered as failing the general conditions, for any delay or non-execution, when the reason for the delay or the non-execution is linked to a case of force majeure as defined by the French case law and the French Courts of Law.
12.3. The BENEFICIARY’s responsibility
The credentials enabling the BENEFICIARY to access his account and chosen by him are personal and confidential. They can only be changed upon the BENEFICIARY’s request or on the initiative of LaBigAddress.
The BENEFICIARY thus forces himself to keep secret his credentials and not to reveal or communicate them, in any form, to a third party. Keeping the chosen password secret by the user is the sole responsibility of the BENEFICIARY and the latter discharges LaBigAddress of any responsibility concerning it.
The BENEFICIARY is the sole responsible of the use made of his credentials. Any access to the SOLUTIONS made by a BENEFICIARY account will be considered made by the latter. The BENEFICIARY is thus required to be cautious in the use of his credentials and he must make sure to disconnect his account on the PLATFORM after each session, particularly when he accesses the PLATFORM with a public computer.
In case of loss or public reveal of his credentials and/or personal passwords, the BENEFICIARY will immediately report it to LaBigAddress pour them to generate new credentials and/or to block his account. In case of loss or theft of one or various credentials, the BENEFICIARY will remain responsible for any harmful consequence linked to this loss or theft and must carry out, as quickly as possible, the procedure enabling him to change them.
12.4. SOLUTIONS and/or business practices
LaBigAddress does not guarantee in any way that the SOLUTIONS and/or the business practices of the PARTNERS. LaBigAddress does not guarantee the BENEFICIARY of wholesome and fulfilling satisfaction linked to the SOLUTIONS he ordered from one of the PARTNERS through the PLATFORM. It is also stated that the PARTNER will be the only responsible for the direct damage caused to the BENEFICIARY because of an order or because of a SOLUTIONS order on the PLATFORM.
12.5. Use of the PLATFORM
LaBigAddress makes every effort for the information displayed on the PLATFORM concerning the SOLUTIONS and PARTNERS to be detailed, complete, checked and exact. Thus, the documents, information, description sections and, in general, any content present on the PLATFORM are given “as it is”, with no result guarantee. The BENEFICIARY expressly acknowledges that the pictures present on the PLATFORM are not contractual.
13. PERSONAL DATA
Each party guarantees the other the compliance with the statutory and regulatory obligations depending on his role for the personnel data protection.
In the context of using the PLATFORM, LaBigAddress may collect personal data.
These data are necessary to manage the PLATFORM and they will be processed in compliance with the purpose of their collection.
It is reminded that the USERS whose personal data are being treated benefit from access, rectification and opposition rights for their personal data processing, in compliance with the articles 38 and following the law n°78-17 called «French Data Protection and Freedom of Information Law » (Loi Informatique et Liberté) of 6 January 1978.
These rights may be exercised in compliance with the law upon email request to the address email@example.com, by mail to LaBigAdress’ headquarters by justifying one’s identity and legitimate motive as provided for by the law.
The personal data of the BENEFICIARIES may be given to the PARTNER in the context of performing the SOLUTIONS. In this context, the PARTNER will be the subcontractor of LaBigAddress under article 35 of the French « Data Protection and Freedom of Information » law and undertakes guaranteeing the privacy of the data processing of the BENEFICIARIES.
14. PERIOD – TERMINATION
The BENEFICIARIES are authorized accessing the PLATFORM and using the SERVICES for an indefinite period.
14.2. Termination on the initiative of LaBigAddress
In the case of a failure by a BENEFICIARY to the present General Conditions dispositions, LaBigAddress may terminate them in his own right, at any moment, without notice or compensation, with an electronic email or postal mail sent to the mentioned address by the BENEFICIARY with a recorded delivery, without any extra-judicial or judicial process needed.
14.3. Termination on the initiative of the BENEFICIARY
The closing of a BENEFICIARY’s account on his initiative is a valid notice of termination. The General Conditions of sale will remain applicable until final closing of the contractual relations engaged between the parties, specifically when SOLUTIONS orders have been placed before closing the account.
14.4. Consequences of the termination
Terminating the General Conditions for any reason can lead to the automatic and definitive stop of the access to the PLATFORM and to the SERVICES.
The BigTips that would still be present of the ACCOUNT of the BENEFICIARY will definitely be lost when the ACCOUNT is closed.
In case of failure to comply with The General Conditions, LaBigAddress is entitled to suspend without notice or compensation the access to the PLATFORM and to the SERVICES with any technical procedure that would be necessary, including the removal, temporary or definite, of his BENEFICIARY account, the modification, limitation or deletion of the access to the SERVICES, without the BENEFICIARY being able to claim any compensation.
If need be, LaBigAddress will be entitled to claim compensation to compensate the damage suffered.
15. VALIDITY OF THE GENERAL CONDITIONS
Any change in the legislation or the regulation in force, or any decision of a competent court invalidating a clause or various from the General Conditions could not alter the validity of the present General Conditions. Such modification or decision does not allow BENEFICIARIES to ignore the present General Conditions.
16. MODIFICATION OF THE GENERAL CONDITIONS
The present General Conditions apply to all orders made online on the PLATFORM, as long as the latter is available online.
The present General Conditions are dated in a precise way and could be modified and updated by LaBigAddress at any moment. In the case of a modification, the new version of the General Conditions will replace the previous version; it will be automatically be accessible for the USERS.
It is however indicated that the applicable General Conditions are the ones at force when the order is placed. Thus, the mosidications brought to the General Conditions will not apply to the SOLUTIONS that have already been bought.
17. ALLOCATION OF COMPETENCE AND APPLICABLE LAW
The present General Conditions are subject to the French law.
In case of a conflict between the PARTIES about interpretation, enforcement or termination of the present General Conditions of Services, the PARTIES will strive to settle amicably.
IN THE CASE OF A FAILURE TO SETTLE AMICABLY WITHIN A DELAY OF ONE (1) MONTH FROM THE DATE OF REFERRAL OF ONE OF THE PARTIES, THE DISAGREEMENT WILL BE BROUGHT TO THE PARIS COURT OF APPEAL TO WHICH AN ALLOCATION OF COMPETENCE IS EXPRESSLY ATTRIBUTED, NOTWITHSTANDING THE PLURALITY OF DEFENDERS OR GUARANTEE CALL, INCLUDING FOR THE EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES, REFERRED TO OR REQUESTED.