TERMS AND CONDITIONS
Article 1 – Definitions
- “Service” or "Services" means any services provided by WIIDII or sourced by WIIDII from a Supplier, including, but not limited to, the provisions of Services of recommendations, of booking services and of communication and liaising with Suppliers.
- “User” or “Authorized User” means a specified individual within a Member’s family or personal staff notified by the Member to the Company in writing as having such Member’s express authority to instruct the Company to provide Services on the Member’s behalf;.
- "Professional Member" or "Member" means the individual, partnership, corporation, trust or other entity that has subscribed to a membership "Corporate" to access to, use of, and participate in WIIDII's services, either directly or on behalf of the Professional Member.
- "Parties" means collectively the Members, Authorized Users and Service Suppliers, within the terms of their contractual relationship.
- "Mobile Application" or "Application " means the application software developed for mobile devices, available on applications platform such as "App Store" and "Google Play" for Authorized Users to access the Services.
- "Service Suppliers" means any third party supplier with whom the Company, acting as agent on behalf of the User or with whom the User himself liaises in sourcing or providing certain Services, including, but not limited to, transportation, accommodations, catering, event planning, personal or technical assistance, etc.
- « White Label » : means the service provided by WIIDII that is purchased by the Professional Member and subsequently resold to the customers of the latter. The service will be presented under the colors of the Professional Member.
- « Grey Label » : means the service provided by WIIDII that is purchases by the Professional Member and subsequentlyresold to the customers of the latter. The service will be presented under the colors of the Professional Member with the visible logo of WIIDII.
- "WIIDII" or "Company" or "We" means WIIDII, a simplified joint stock company, with a capital of Euros 500,000.00, registered with the Trade and Companies Registry of Bordeaux (France) under n° 803 025 972 and whose registered office is located 3 allée Fabre d’Eglantine 33160 SAINT MEDARD EN JALLES, FRANCE, with Cédric Dumas as president.
Article 2 – Services
WIIDII provides Authorized Users with personal assistance and allows liaising with service suppliers, through a partially dematerialized and automated platform.
Services are available to Users that have been approved and registered as such by WIIDII. The use of services is conditional on download of the mobile Application, on membership approval by WIIDII and on payment in full of an individual or corporate membership fee.
Depending on whether it is a White or Grey Label, the Mobile Application may bear different names than WIIDII without any modification as long as the service is provided by WIIDII.
Use of the service is limited to Authorized Users and is strictly personal, individual and non-transferable. It is strictly forbidden for Authorized Users to offer or provide Services to third parties, with or without charge, if said Services are not jointly used by the Authorized User.
Each User is solely responsible for protecting their account information and their access to the Mobile Application.
Article 3 – Aim and scope of this document
The terms and conditions in question set forth the procedures for access to and use of the Service by the Users. These Terms and Conditions are applicable on the date they are posted and will be binding upon the date of first use of the Services until a revised version of the Terms and Conditions replaces them. The Use of the Services constitutes acceptance of these Terms and Conditions without reservation. The Authorized User acknowledges that he received all the necessary information about the offer sets forth by WIIDII and about the consequences resulting therefrom. Any registration, request or order placed, directly or indirectly, by phone, mail, Internet, fax or SMS services operated by WIIDII constitutes acceptance, without restriction or reservation, of these Terms and Conditions by the user. These Terms and Conditions shall take precedence over any other document issued by WIIDII on its website or on any other medium.
Article 4 – Service registration modalities for the User
The user should have the right, authority and capacity to enter into these Terms and Conditions;
Use of the Service requires download of the Mobile Application on a compatible device and requires creating an account, following the conditions set forth hereafter.
4.1 Download of the Mobile Application
Before creating any user account and before using the Service, the User must ensure that he has:
- access to Internet ;
- or access to a phone plan that grants him access to Internet ;
- a bank account ;
- a recent mobile device equipped with the latest iOS and Android operating system, compatible with the Application Wiidii.
The use of the Service requires creating a User account with the following information:
Last name, first name, email address, password, partner access code (this code is provided by the Professional Member).
Without this code, the user account cannot be created.
The use of the Service is strictly personal and the User can only have one User account and one Application installed on his device.
The User is fully responsible for any actions or decisions of any other user of his account and is consequently responsible for keeping his identifiers confidential as well as his password and/or any other personal data given to Wiidii.
The User accepts to promptly notify WIIDII if he discovers or otherwise suspects any security breaches related to his account at email@example.com.
The User agrees that the use of certain features of the Service based on geographical data require to share his location data, and for example GPS services on his mobile device, which he fully accepts if he wishes to use said features.
Moreover, the User shall provide personal data and bank information to use the Service. To use the Service, the user must be over 18 years old.
The use of the Service is for non-commercial purposes only.
When forgetting his password, the User can log in to the application and click "Forgot your password?" Once he entered and confirmed his email address linked to his User account, the user will receive on his email address a new password. The user will then log in to the Application with this new password.
Any User who will not follow these conditions will be banished from using the Mobile Application even if he has been authorized to use it by a Professional Member.
The User can terminate at any time his account by deleting the Application from his device.
Article 5 – Information provided by the User
Each User must provide WIIDII with complete, accurate and truthful information regarding his identity, his legal status and his needs. Members will be responsible for checking each piece of information provided by the Authorized Users designated by them. WIIDII cannot be held responsible for any illegal or inaccurate information submitted by Authorized Users. WIIDII reserves the right to refuse membership to a user if it appears that the information provided as part of this membership are fanciful or are likely to endanger other users' security.
Wiidii may share Personal Information with third party service providers to liaise parties and will retain the user's personal information for the period necessary to fulfill the purposes outlined. To this end, the User gives unrestricted permission to WIIDII to communicate the information provided at the time of registration to service providers.
6.1 Service delivery request or delivery of goods
When the subscription of the user has been accepted by WIIDII, he can send his requests through the Mobile Application, after entering his identifiers: email address and password. Requests are carried out in a dialog, in speaking and/or in writing, consisting of questions and answers between WIIDII and the User. To select the speaking mode, the User presses the fingerprint in the colored circle and speaks clearly towards the mobile microphone. To select the writing mode, the User presses the pencil and can then use his keypad to enter his request. The User's request is then displayed in writing next to the gray dot. The answer provided by the Application is written next to the orange dot and pronounced orally.
Wiidii reserves the right to refuse any requests if they are against the laws and ordinances in application, public order, morality or against the rights and interests of WIIDII or of third parties.
The demand for benefits to the Service Providers is performed by WIIDII on behalf of the User within the framework of an authorization given by the User and accepted by WIIDII. By accepting these Terms and Conditions, the User gives irrevocable authority to WIIDII to liaise with the Service Providers under the terms and conditions of his request. The User must ensure that his request is perfectly intelligible and unambiguous and must ensure that the service offer transmitted by WIIDII matches his requests and requirements (in particular concerning price range and availability). Upon the acceptance of these Terms and Conditions and in the use of the Application, the User will comply with any applicable Third Party Terms of Agreement which may affect or be affected by such use and is solely responsible for reading those Third Parties' Terms before accepting the Service.
WIIDII will not pay, nor advance any expenses on behalf and for the account of the User. Orders placed with Service Providers will therefore be considered final orders upon making the request to WIIDII to make payment for the requested services, when necessary.
WIIDII reserves the right to ask the User to confirm the order by email.
Orders placed via WIIDII shall be subject to availability from Service Providers.
6.2 Payment of the service or delivery of goods
Products and services will be charged to the User, by the Service Providers, based on the applicable rates of the selected Providers. WIIDII cannot be held responsible for billing the services provided, and will not issue any receipt or proof of purchase.
The User can request and authorize WIIDII to perform a payment transaction by the use of a remote payment instrument (including its remote payment card) to make payment or reservation of a product or service offered by a Service Provider. In this case, the User mandates WIIDII, which accepts, to process a payment order on behalf of the User to the benefit of the designated Service Provider, and shall confirm in writing the amount of the benefit or purchased services, and the identity of the Beneficiary. The User may as such, under his responsibility, communicate his full contact details to WIIDII to proceed with the payment order. The User acknowledges that he is solely responsible for the compliance of the use of the payment instrument with the contractual conditions in effect at his bank or payment provider. An unequivocal written order to proceed with the payment, issued by the User to WIIDII, shall be deemed authenticated, duly recorded and entered onto the books as soon as the User has communicated his or her acceptance, using any unequivocal wording whatsoever, expressing his or her consent, in response to an offer of services or products, transmitted by WIIDII, including a summary description of the service and the related price.
The User must ensure that he has available funds in his bank account in order to provide for payments of the services and/or products ordered.
Upon validation of the order, the User agrees to pay for the goods or service as soon as possible. In the event of late payment, WIIDII cannot be held responsible for the evolution of prices and availability of products and/or services ordered from the Service Providers retained.
Payment will be made according to the Terms and Conditions or Conditions of Sales of the Service Provider.
Article 7 – Selecting the Vendors
At the end of the dialog between the User and WIIDII, the User will be free to accept or refuse the service offer proposed by WIIDII.
To the extent that the prices offered by the Service Providers have been on the basis of the description of the User's needs, the price of services or goods provided may be adjusted by the Service Provider when providing the service, to prepare for any additional services not provided in the description of the User's needs presented to WIIDII.
WIIDII does not provide any recommendations or representations or offer any warranties (express or implied), including, but not limited as to, the quality, merchantability or fitness for a particular purpose or otherwise of the goods or the standard of services supplied by the Service Providers. All the rights and obligations pertaining to the transaction concluded between the User and the Service Provider is the sole responsibility of the Parties. Therefore, in case of dispute between the Parties, they undertake not to seek WIIDII responsibility for any claims or damages of any kind and of any nature arising directly or indirectly from the dispute.
It is recalled that the Service Providers are free to modify at any moment their trading conditions. WIIDII, acting as a liaison between the Parties, shall not be responsible for any actions of its Suppliers.
Article 8 – Invoicing of the subscription to the individual User
The provisions of the present article shall not apply to the individual Users having subscribed to a private subscription, to the exclusion of Professional Members whose invoicing conditions are governed by a specific subscription contract.
Subscription to the Service will be granted following payment by the individual User of the price corresponding to the offer accepted and made accessible on the WIIDII website (www.wiidii.com) and the Mobile Application, of which the User declares himself perfectly well aware.
The subscription is signed for an unlimited period of time, or subject to the term of the contract between WIIDII and the Professional Member.
Any invoice not paid by the due date shall bear interest, automatically and without prior notice, at an annual rate equal to three times the rate of legal interest, calculated on a monthly basis. In the event of recovery of unpaid invoices as a result of legal action or otherwise, the amount of the same shall be increased by 15% as a lump sum penalty, under the terms of Articles 1226 et seq. of the Civil Code, in addition to an additional penalty of €40.00 for recovery costs if the User makes professional use of the Services.
Moreover, in the event of non-payment of the invoice by the individual User, WIIDII reserves the right to suspend access to the services immediately, without prejudice to WIIDII's option to cancel the Contract under the conditions set forth below. Re-establishment of access to the Service shall only enter into effect following payment in full, covering the entire duration of the remainder of the subscription period.
In accordance with Article L121-20 of the Consumer Code, the individual User acting outside his professional requirements shall enjoy a period of fourteen (14) clear days in which to assert his right of withdrawal to WIIDII, counted from the day after confirmation of membership by WIIDII. When the abovementioned cooling-off period expires on a Saturday, a Sunday or a public holiday, the abovementioned cooling-off period shall be extended until the first subsequent working day. This recourse to cancellation shall be without charge and need not state a reason. The said withdrawal shall give rise to reimbursement in full of the subscription if said subscription has been already paid by the User.
Article 9 - Independence
WIIDII and the Service Providers shall be deemed to be acting as independent companies with regard to the quality of their services. The Service Provider possesses no commission or authority to enter into commitments on behalf of WIIDII, nor to represent the same or offer any warranty of any nature whatsoever on behalf of WIIDII.
Article 10 - Limitation of the Services
WIIDII reserves the right to suspend access to the Service, effective immediately and without notice, so as to proceed with technical intervention, improve the functioning of the Service or perform any other maintenance operation due to actions on the part of WIIDII, and/or its hosting service or technical infrastructure. Insofar as possible, WIIDII shall inform all Authorized Users and Professional Members of such suspension in advance.
Similarly, WIIDII reserves the right to suspend access to the Service, effective immediately and without notice, in the event of utilization of the Service contrary to the present Terms and Conditions, or applicable laws and regulations, public decency or accepted rules of morality.
Article 11 – Evaluation of the Service
Any User having entrusted WIIDII with a request may enjoy the possibility of posting Internet reviews of the service on specialist consumer opinion sites. Such reviews must be based on objective, exact and verifiable facts. The User shall abstain from all remarks of a defamatory or offensive nature. WIIDII reserves the right to request the suspension of any Internet comment contrary to the present Terms and Conditions, or applicable laws and regulations, public decency or accepted rules of morality, or third party rights and to demand the payment of an indemnity not granting full discharge in an amount which shall not be less than €1,000.
Article 12 - Notice relating to the Data Protection Act of 6 January 1978
Utilization of the Service presupposes the gathering, by WIIDII, of a certain amount of personal information concerning Users. Authorized Users not wishing to supply the information required for utilization of the Services offered by WIIDII or required for the creation of a personal space, if applicable, may not use the Services. The data gathered are required for the proper administration of the Services, as well as for fulfillment of WIIDII's contractual obligations to its Service Providers. By submitting his or her data to WIIDII as part of his or her membership, the User consents to the company use of the information collected.
The data of all Users are stored for the duration of the User's Membership, duration that is reasonable and necessary for the proper administration of the service and normal data usage. This data is securely stored, according to current standards of technology, in accordance with the provisions of the Data Protection Act of January 6, 1978. According to this act, the Authorized Users have a right to access, query, correction and opposition by writing to the following e-mail: firstname.lastname@example.org or by writing to the registered office of WIIDII, mentioned above. The personal data gathered will be processed and shall remain exclusively reserved to WIIDII for performance of the Service. The person responsible for processing the said information shall be the CEO of WIIDII, whose contact information is listed in the legal notices. The personal data gathered will not be transferred to foreign countries.
Article 13 - WIIDII exemption from liability
It is expressly agreed that WIIDII shall only intervene within the framework of linking Service Providers with Authorized Users. It shall be the User's responsibility to consult the Service Providers’ General Conditions of Sale. The validation of the WIIDII service offering shall be considered as unreserved acceptance of the said conditions. Under certain circumstances, WIIDII may request the User to agree expressly with the Service Providers’ General Conditions of Sale to validate the request for service.
WIIDII shall in no way intervene in the execution of the services and shall in no way be required to do so. WIIDII shall under no circumstances provide assistance in any commercial transaction, on an accessory or habitual basis, apart from that of putting the Users and Service Providers in contact with each other. In the event that access to the Service may prove impossible, by reason of technical problems or circumstances of any other nature, the User may under no circumstances avail himself of any damage claim whatsoever and may not claim any indemnity.
Generally speaking, WIIDII shall be under no obligation of means for the performance, the availability or proper functioning of the Service.
No malfunction or interruption of the Service may be deemed to constitute grounds for a claim to compensation by Authorized Users or Professional Members, who shall therefore be barred from claiming any indemnity on such grounds.
WIIDII shall in no way be held liable for failure to fulfill its obligations in the event of force majeure (disturbances, strikes affecting transports, communications or postal services, fire, data processing failure, etc.) according to the standard legal definition of "force majeure" under French law and jurisprudence.
The Service Providers shall be solely responsible for the services and products offered to the User, in such a way that WIIDII shall in no way be held liable for the incorrect fulfillment of an order. In the event of complaint, the User shall address said complaint to the Service Providers concerned. All Users and Professional Members expressly and irrevocably waive, and warrant the waiver on the part of all the insurance companies concerned, for all recourse and claims, of any nature whatsoever, on the grounds of direct or indirect damages, whether material or immaterial, arising within the framework of fulfilment of any service or order or the supply of a good, delivered or provided through WIIDII. By express agreement between the Parties, "indirect damages" shall be considered to include any moral or commercial prejudice, lost profit or turnover, orders, revenue, clientele, data loss, and/or any action taken against the User and/or the Professional Member by a third party and any consequences thereof.
At all events, should the liability of WIIDII be sought, the latter's liability shall be limited to the amount actually received by WIIDII in payment under the current contractual period.
Article 14 - Intellectual property rights
Any copy of the logos, textual, graphic or video content - such list being given for purposes of example only, and in no way intended as exhaustive - owned by WIIDII, is strictly prohibited and shall be deemed as counterfeiting. Any User guilty of such counterfeiting shall be liable to cancellation of his or her account without prior notice or indemnity, without recourse, for the User, to the possibility of any resulting claim for damages, without prejudice to possible subsequent legal proceedings against the User, at the initiative of WIIDII or the legal representative thereof.
Article 15 - Miscellaneous
The above Terms and Conditions are governed by and shall be construed according to the laws of France.
The Company may vary the Terms and Conditions from time to time. With the exception of provisions based on considerations of public order, all disputes arising within the framework of the fulfillment of the present Terms and Conditions shall first be subject to attempts to reach an amicable settlement before any taking any other action. If any of the clauses of the present Terms and Conditions should be declared null and void by legal decision, the said nullity shall in no way effect the totality of all remaining clauses, which shall continue to produce their effects.
The fact, for WIIDII, of failing to enforce one or more of the present Terms and Conditions, either temporarily or permanently, shall in no case imply a waiver of the related right to enforce the remaining General Terms and Conditions.
Last updated: December 14, 2016