TERMS OF SERVICE
These Terms of Service (hereafter known as “ToS”), the purpose of which is to determine the rules of use of the Application produced by WIIDII, a joint stock company with capital of EUR 750,936.94, registered at the Bordeaux R.C.S. (Registre du commerce et des sociétés) with the registration number 803 025 972, with headquarters located at 208 Quai de Paludate – 33800 BORDEAUX, telephone: 00 33 (0)5 47 30 79 25, email: firstname.lastname@example.org, intra-community VAT n°: FR 90 803 025 972.
Introductory Article: Definitions
Terms starting with a capital letter in these ToS, which are used equally in the singular as in the plural, have the following meanings:
“Service”: refers to the personal assistance service offered by the WIIDII company and addressed to the Final User, notably consisting of a virtual reservations service and one which links to Service Providers with a view to selling goods or supplying a service.
“Application”: refers to the application software developed by WIIDII for mobile devices, accessible from the download platforms “App Store” and “Google Play” and which enables the Final Users to access the Services.
“Service Provider”: refers to the natural or legal person that acts on a professional basis and that is linked with the Final User for the execution of one or more services, notably the transport of persons, hotels, catering, events, personal or technical assistance, etc.
“Professional Adherent”: refers to a natural or legal person that has signed a contract with the WIIDII company to make the Service available to the Final User, assigned and authorised by name.
“Final User”: refers to the user acting as a consumer and who has signed up to the services offered by WIIDII, after authorisation by a Professional Adherent and subscription to a membership.
Article 1 Overview of Service
1.1 Description of the Service
WIIDII offers Final Users a concierge and personal assistance service combining artificial intelligence and human intervention, notably consisting of:
- Linking the Final User with Service Providers with a view to selling goods or supplying a service;
- Delivering information, news and recommendations of a general or personalised nature;
- Facilitating appointment scheduling and diary management;
- Receiving and forwarding messages and information;
- Essentially, assisting the Final User in the completion of daily tasks.
The limits of the services provided by the Application may evolve in quantity and in quality, increasing or decreasing, at the discretion of WIIDII and depending on the technical priorities and evolution of the Application.
The Final User is informed that the services that they benefit from via the Application depend on the tender chosen by the Professional Adherent as part of the specific contract agreed with WIIDII. As a consequence, any change to said contract could entail a change to the Final User’s Services.
The Service is limited to legally authorised activities and is not dependant on a regulated field.
The service of searching for information about personal or confidential data necessitating the consultation of paid databases or ones with restricted access, matchmaking activities, financial, legal and fiscal advice as well as medical or veterinary advice are strictly prohibited from the Service’s purview.
WIIDII can offer the Final User the possibility of making appointments with professionals working in regulated fields, except for any emergency request of a medical or veterinary nature, for which the Final User is invited to contact the appropriate services.
Medical appointment scheduling is subject to your express agreement to the processing of your related personal data. In the absence of this, the request will not be carried out. Moreover, we will not be able to process the requests regarding a person other than the user without the express consent of the person concerned.
By request of the Final User, WIIDII may put them in contact with tourism professionals to sell or offer to sell one or more trips, packages, or other travel service (accommodation, car rental, transport ticket purchasing etc.) In no instance does WIIDII act as a tourism professional, nor does it devise, sell, or offer to sell trips, tourist packages, or other travel services. WIIDII’s Service in this capacity is exclusively limited to the connection with a tourism professional, the travel agreement being, in any case, finalised between the aforementioned professional and the traveller, (see also Article 10 below).
WIIDII reserves the right not to follow up on a request of a far-fetched nature, contrary to laws and rules currently in use, to public order, to moral standards or to the rights and interests of WIIDII or a third party or resulting in an exorbitant cost for WIIDII as part of the supply of the Service or disproportionate to the Service.
Please Note: In the case of any discrepancies in meanings of any translated versions of these Policies, the meaning of the French Language version shall prevail.
Article 2 User licence of the Application for the Final User
WIIDII grants the Final User a personal right to use the Application and of the Service that is non-exclusive, revocable, non-transferable, without the option of sub-licensing, solely for their own personal needs as part of the use of the Application and the Service, and excluding any other purpose.
The User Licence is granted for the world over and for the duration of membership subscribed to by the Final User. As an exception to the above, this license will terminate early in the case of the cessation of the particular contract agreed between Wiidii and the Professional Adherent (including cases where the cessation occurs before the end of the originally agreed subscription period).
It is strictly forbidden for the Final User to access and/or use the Application’s source codes and/or the Application’s software components.
The Final User does not obtain any intellectual property right to the Application, nor any other right than those given by the present document. The Final User is expressly forbidden from reproducing, emulating, adapting and/or exploiting the contents of the Application and the associated Service.
The Final User expressly agrees to the fact that the use of the Application does not cause damage to WIIDII’s rights or to those of the Professional Adherent, namely that the use does not constitute an act of forgery, or unfair or parasitic competition practices.
Furthermore, the Final User is forbidden from formulating opinions expressing their point of view as a consumer in defamatory, disparaging, unjustified, or degrading terms with regard to any individual, WIIDII or the Professional Adherent included. WIIDII informs the Final User that it is likely to implement a moderation and control system on opinions and reserves the right, where necessary, to contact the Final User who wrote the comment to proceed to modify the comment or refuse to publish it. WIIDII informs the Final User that it reserves the right to take action of any nature, including compensatory, if it is noted the broadcasting of one or more comments expressing their opinion in defamatory, disparaging, unjustified or degrading terms with regards to WIIDII or the Professional Adherent by the Final User.
Article 3 Aim and Scope of the Present Terms
The goal of the present Terms of Service is to define the methods and conditions of making the Service available to the Final User. The use of the Service implies full acceptance of the current ToS. The Final User acknowledges they have received all necessary information enabling them to understand fully what is on offer from WIIDII and the consequences stemming from it. Any subscription, request or order that is carried in a direct or indirect manner, by any means, to services operated by WIIDII entails the unreserved and unrestricted acceptance of the ToS by the Final User, these ToS prevailing over any other document broadcast by WIIDII on its website or on any other medium.
If the Final User refuses to accept the ToS before accessing Wiidii’s Services for the first time, the cost of their subscription will be reimbursed. This must be formally and exclusively requested from the Professional Adherent.
Changes to the ToS which are purely technical or aim to correct a clerical error, or to conform to the rules of law take effect on the date they are put online.
Article 4 Methods of Subscription to the Service
4.1 Downloading the Application
The Application can be downloaded for free from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:
- iPhone® by Apple® mobile phone with the iOS operating system, using iOS 9.3 and later.
- Mobile phones with the Android® OS 4.2 operating system and above.
Before using the Service, the Final User needs to be in possession of:
- An Internet connection;
- A method of remote payment from a French or foreign bank;
- A mobile device that is compatible with the Application.
Each User must download and install the mobile Application from either the “App Store®” or “Google Play®” platforms. In this respect, the User recognises having been made aware of the Terms of Service of the aforementioned download platforms and expressly agrees with them.
4.2 Subscription to the Service
4.2.1 Mandatory Prior Authorisation
The use of the Service is limited to the Final User that has previously been authorised by a Professional Adherent who has agreed a specific contract with the WIIDII company.
The individual subscription of a Final User, without prior authorisation from a Professional Adherent, is not allowed for technical and commercial reasons.
It is therefore a prerequisite that subscription to the Service for an individual be preceded by the agreement of a specific contract between the WIIDII company and a Professional Adherent. It is a way of marketing the Application that is a result of technical imperatives required to provide the Service which cannot be considered as a refusal to sell a service provision to a sole consumer
4.2.2 Subscription to a Membership
The use of the Service is conditional on the subscription to a membership that can be paid for by the Professional Adherent for its authorised Final Users (affiliates, clients, employees, etc.) or paid for directly by the Final User as part of an integrated purchase, after having been authorised by a Professional Adherent beforehand.
The subscription cost depends on the stipulations of the main contract established between WIIDII and the Professional Adherent. The price of the subscription does not include connection costs and access to the Internet network and potential extra charges invoiced by the Internet service provider, for the transmission of data.
The Final User benefits from subscription conditions that are given to them by the Professional Adherent as part of the contractual ties that determine their relationship. The contractual ties between the Final User and the Professional Adherent are not enforceable on WIIDII which is not bound by contractual obligations resulting from the main contract established with the Professional Adherent and obligations regarding the services provided by WIIDII to the Final User.
The Final User therefore only has the rights granted to them by the Professional Adherent as part of the contractual binds they maintain.
In the case of a cancellation, whatever the reason, or when the term of the main contract between WIIDII and the Professional Adherent comes to an end, the Service will no longer be available to the Final User, without advance warning or prior notice from WIIDII.
The Final User will have the possibility, at any time, to unsubscribe from the Service by uninstalling the Application from their device and sending an email to WIIDII at the following address: email@example.com.
The cancellation of this subscription will only concern WIIDII’s database, with the exception of the databases of the Professional Adherents and the Service Providers that WIIDII put through to the Final User.
In application of article L 221-18 of the Consumer Code, the Final User who subscribes directly to the service, through an integrated purchase on the online stores Google Play or Apple Store, has a right of withdrawal. For other Final Users, no right of withdrawal can be properly exercised with WIIDII (if the legal conditions have been met as regards the Professional Adherent, it can be carried out with the latter).
This right may be exercised within fourteen (14) clear days starting from the subscription date by purchasing from online shops Google Play or the Apple Store by post to the following address: 208 Quai de Paludate, 33000 Bordeaux, France, without stating a reason. The Final user will then be able to obtain a refund on the subscription no later than 14 days after the date which WIIDII was informed of the Final User’s decision to withdraw.
The Final User can use the following form:
“Recipient: WIIDII Rétractation – 208 Quai de Paludate – 33000 Bordeaux – France
I hereby inform you of my decision to use my right of withdrawal for the membership subscribed to on [INSERT DATE].
Surname, first name, postal address and email of the Final User, name of the Professional Adherent, Date”.
The subscription is exclusively for a limited duration. In the case of early termination or cancellation by the Final User, there will no reimbursement of the subscription cost.
4.2.3 End or Cancellation of the Membership
The membership comes to an end when the membership of the Professional Adherent comes to an end or in the case of an early cancellation of the main membership contract between the Professional Adherent and WIIDII, for whatever reason, including amicable termination.
In the case of the early cessation of the main contract between the Professional Adherent and WIIDII, and advance payment of the price of a membership directly by the Final User, the price paid will be reimbursed by the Professional Adherent, pro rata temporis of the remaining membership period. This is to be discussed directly by the Final User and the Professional Adherent.
The termination of the membership will be fully effective, without any formality or prior notice, and access to the Service will be immediately suspended, when the contract comes to its end or if the membership of the Professional Adherent is terminated.
4.2.4 Subscription to the Service
The use of the Service entails the creation of a user account, by filling in the following data:
- First name,
- Email address,
- Subscription code (this code is sent to the Final User by the Professional Adherent).
The use of the Service is strictly personal and the Final User is authorised to be the holder of only one account and only have one Application installed on their mobile device.
The Final User is also responsible for the acts and behaviour of any person using their account, and so for the preservation of the confidentiality of their login, password and/or any other personal data sent to WIIDII.
In the case of a fraudulent use of their account, email or password of which they are aware, the Final User is compelled to inform WIIDII as soon as possible, by contacting it via the address firstname.lastname@example.org.
The Final User understands that the use of certain features of the service based on geographic information requires the sharing of location data, namely the geographic position of their mobile device, As a result, if the Final User does not agree to share these details, they cannot access certain features of the Service.
4.2.5 Payment via the Application
Inputting personal information and bank details may be required in order to benefit from the full Service, namely via WIIDII’s payment system.
To benefit from this, the Final User must be over the age of 18.
The Final User may, using the Application, save the details of their bank card in their Customer Profile. Saving the details will happen via a secure interface that is stored locally in a secure and separate space on the mobile device. The data is only accessible via the Application.
Neither the Final User nor another application can access it. The data is encrypted with the AES 256-bit algorithm (standard used by organisations in the United States government), with a strong, random and unique encryption key for the user that is stored in a secured space on the WIIDII’s servers. It is therefore impossible to have access to it via the mobile device or to directly exploit the saved bank card.
Once indicated in the profile, the details of the bank card can be changed (by resetting all of the fields when editing) but not visible (the user cannot see the saved information).
In order to guarantee maximum security, no bank information is stored on the WIIDII servers, the mobile device contains the encrypted data of the card and the server contains the encryption key. It is therefore impossible to access the details of the bank card without having the two sets of information simultaneously, which are both stored on two secure, different and independent platforms.
The use of the Service is exclusively reserved for consumers.
If the password is forgotten, the Final User will be able to connect to the application and access the “Forgotten Password” section. After entering the email address associated with the user account and validating it, a new password will be sent by email, and they will be able to create a new one in their client profile.
Any Final User that does not comply with these conditions will be refused access to the Application, even if they have been authorised by a Professional Adherent.
When the membership of the Final User has been accepted by WIIDII, they can send their requests via the Application, after entering their login details. The requests are carried out by the use of vocal and/or written dialogue taking the form of requests, questions and answers between WIIDII and the Final User.
The Final User is informed that the information and requests that they share with WIIDII via the Application are likely to be brought to the attention of an operator and read by them.
The Final User must ensure that their request is fully intelligible and non-ambiguous, and check that the service given by WIIDII corresponds perfectly with their requests and its mandate (namely for price ranges and availabilities).
Requests for services from Service Providers are carried out by WIIDII in the name of and on behalf of the Final User, as part of the mandate entrusted by the Final User and accepted by WIIDII.
By accepting the current terms, the Final User entrusts WIIDII with an irrevocable mandate to call upon Service Providers, envisaged in the Terms of Service at their request.
The unambiguous acceptance by the Final User of the offer of a service sent by WIIDII irrevocably commits them to the Service Provider.
WIIDII will not bear or advance any expense in the name of or for the Final User. Orders made with Service Providers will therefore be considered as definite when the order is carried out by WIIDII to proceed with the payment of the requested services, when it is necessary.
WIIDII reserves the right to ask the Final User to validate their order by email.
Orders placed with WIIDII are understood as being conditional on the Service Provider’s availabilities.
Article 7 Choice of Service Provider
WIIDII will present contents and offers of goods and services that correspond with their request to the Final User, based on the relevance of the offer linked to their request, and depending on geographic, and financial criteria, the availability and reputation of the supplier.
WIIDII selects what it deems relevant to respond to the Final User’s requests from the options available.
The relevance of the offer may depend on the following different criteria:
- The user’s search criteria,
- The languages of the user and the Service
- The service
- The reputation of the Service Provider
- Customer comments,
- Product success (“best-sellers”).
The Final User is informed of the possibility of payment between WIIDII and the suppliers of reference and that this may have an influence on the optimising or organisation of the contents, goods and services on offer.
In no case can WIIDII guarantee the Final User that the price of the suggestion will be the cheapest or that there will not be other similar products or services at a similar or cheaper price.
WIIDII may also offer the use of operators of specialised online platforms for the presentation of content and offers of goods and services to the Final User.
In any case, the Final User can always refuse the offer that is presented to them and request another, giving more details on their request if necessary.
The Final User is reminded that they can only ask for goods or services as a non-professional consumer. The Final User will not be linked directly with non-professionals by WIIDII, for the supply of goods and services. However as part of an information service, are offers of services or goods coming from non-professionals can be shared with the Final User. It is then up to the Final User to make contact directly with the non-professional, without WIIDII’s help.
The cost of the linking service is included in the membership price. The payment methods for goods and services are detailed in the Terms of Service of the Service Provider and are pointed out to the Final User by WIIDII before their order confirmation if it is WIIDII who completes the transaction for the Final User.
WIIDII does not offer any insurance or extra guarantee for the goods and services supplied to the Final User by the intermediary.
Article 8 Implementation of the Service Providers’ guarantees
WIIDII and the Professional Adherent are not responsible for the examination or the evaluation of goods and services from the Service Providers and they do not guarantee the Service Providers’ stock or the content of their websites.
WIIDII and the Professional Adherent do not assume any responsibility or obligation for the acts, products or content of the Service Providers or of any third party involved in an order by the Final User.
The Final User may benefit from the legal guarantee of conformity under the conditions of Articles L. 217-4 et seq. of the Consumer Code and the guarantee of hidden defects under the conditions listed in Articles 1641 et seq. of the Civil Code when they acquire goods or services from a Service Provider. These guarantees must be implemented directly with the Service Provider, as WIIDII and the Professional Adherent do not bear any role or responsibility in this respect.
When the Final User uses their legal guarantee of conformity:
- they benefit from a period of two years to act starting from the delivery of the product;
- they may choose between the reparation or the replacement of the product, subject to the conditions of cost outlined in article L.217-9 of the consumer code.
The legal guarantee of conformity is applied independently from the commercial guarantee that may be given by the Service Provider, and which the Final User has to search for and verify how it is applied if needs be.
The Final User may decide to make use of the guarantee of the latent defects under the terms of article 1641 of the civil code In this case, they can choose between cancelling the sale or reducing the sale price (article 1644 of the French Civil Code). Audio, video and multimedia products may give access to the manufacturer’s warranty indicated on the detailed presentation of the product. If the product becomes defective during the manufacturer’s warranty period, the Final User may consult the after-sales service of the manufacturer. These guarantees must be implemented directly with the Service Providers or the manufacturers, as WIIDII and the Professional Adherent do not have any role or responsibility in this respect.
Article 9 Waiver of Liability
9.1 Waiver of Liability with regard to WIIDII
The Final User recognises that WIIDII only serves as an intermediary for supplying information and for the presentation of offers of goods and services based on requests formulated by the Final User.
In any case, the Final User recognises that WIIDII does not have any control over the offer and service provided by the Service Provider and cannot be held responsible if the latter withdraws at the moment of the execution of the service or in the case of a faulty execution of the service.
All rights and obligations linked to the transaction established between the Final User and the Service Provider are the exclusive responsibility of the parties.
As a result, if there is a dispute between the Final User and the Service provider, they agree to not hold WIIDII responsible for any claim or compensation of any type resulting in a direct or indirect manner from this dispute.
More generally, the Final User waives all claims against WIIDII for direct or indirect damages, namely loss of earnings, loss of opportunity, commercial or financial damage, the increase of general fees or the losses that may be the result of the use of the Application’s Services.
It is reminded that the Service Providers are free to modify their trade conditions at any time. WIIDII, intervening simply as an intermediary linking the parties, cannot be held responsible for the changes made.
As the prices proposed by the Service Providers were decided on the basis of the description of the Final User’s needs, the price of the services or the goods can be adjusted by the Service Provider at the moment of the execution of the service, to take account of potential additional services that were not planned when the needs of the Final User were shown to WIIDII.
9.2 Waiver of Liability with regard to the Professional Adherent
The Final User recognises that the Professional Adherent does not have any control over the Service supplied by WIIDII and is not responsible in any way concerning the execution of the services to supply information and services by the aforementioned service provider.
As a result, if there is a dispute between the Final User and WIIDII, or if there is a dispute between the Final User and a Service Provider, the Final User agrees not to hold the Professional Adherent responsible for any complaint or any damage of any kind directly or indirectly resulting from this dispute.
More generally, the Final User waives all claims against the Professional Adherent for direct or indirect damages, namely loss of earnings, loss of opportunity, commercial or financial damage, the increase of general fees or the losses that may be the result of the use of the the Application’s Services.
This is an essential and deciding condition without which the Professional Adherent may not have authorised the Final User to use WIIDII’s services, whether this authorisation be given for free or as compensation for payment of any nature.
Article 10 Acceptance of the Terms of Service of the Service Providers
Before passing any order of goods or services, of reservation of services, of service call-outs and reservation of appointments, the terms and the conditions relative to the Service Provider’s confidentiality or the operator online in charge of the reservation must be accepted by the Final User. The latter therefore must make themselves aware of the terms and accept them before instructing WIIDII to validate the request.
The Final User declares that they fully understand the role of WIIDII as an intermediary, that is not an interested party in the final contract established with the Service Provider. It is therefore for the Final User to make arrangements to keep the Service Provider’s terms of service in a durable format that will enable them to refer to them at a later date.
At the request of the Final User, WIIDII may be required to carry out a booking for holidays, packages or travel services sold or offered for sale by a professional, in the name of and on behalf of the Final User. In this context, WIIDII’s Service for this purpose is exclusively limited to putting the user in contact with a tourism professional, the contract for the journey being established between the latter and the traveller. It is therefore up to the Final User to make themselves aware of the Terms of Service and other pre-contractual information of said professional before accepting them. As a consequence, even if the Final User requests that WIIDII book a travel service from several professionals or travel services from one or several professionals, they will not benefit from rights set out in the EU directive 2015/2302 and article L.211-2 of the French tourism code. WIIDII is not responsible for the proper execution of these travel services. In case of any issue, the Final User must contact the appropriate service provider.
The Application may contain hypertext links towards third party websites that are not subject to these ToS.
WIIDII does not have any control over the contents of the third party websites referenced by the hypertext links. These websites are published by third party companies which are independent from WIIDII.
As a result, WIIDII cannot be held accountable for any content, publicity, product, service or any other information or data available on or from these websites. The Final User therefore recognises that they are solely responsible for the access and use of these websites. WIIDII cannot be held responsible for any actual or alleged damage or loss following or in connection with having used or trusted the content, the goods or the services available on these websites.
Article 11 Payment Procedure and Authorisation
Products and services will be invoiced to the Final User directly by the Service Providers, based on the rates indicated by the selected Service Providers. WIIDII is not responsible for the invoicing of these services and will not issue any invoice or proof of purchase.
The Final User can ask and authorise WIIDII to proceed with a payment transaction using a remote payment device (remote payment card) in order to proceed with the payment or the reservation of a product or service offered by a Service Provider. In this case, the Final User gives authorisation to WIIDII, who accepts to send a payment request via its intermediary and to the benefit of the designated Service Provider, confirming in writing the amount of the service purchased and the identity of the beneficiary.
The Final User recognises that they are solely responsible for the conformity of the use of their means of payment with the contractual conditions set out by the bank or the payment service provider. The unambiguous written order to make payment given by the Final User to WIIDII shall be deemed authenticated, duly recorded and recognised when the End User has made their acceptance known by any unambiguous form expressing their consent, in response to a service or product offer transmitted by WIIDII, including a description of the service provision, the general conditions, and the corresponding price, including by transmitting a hypertext link.
The Final User has to ensure that they have the necessary funds available in their bank account in order to pay for the services and/or the products that have been ordered.
In any case, WIIDII cannot be held responsible for the evolution in availability or the prices of the products and/or services that have been ordered from the relevant Service Providers.
Payment will be made according to the General Terms and Conditions of the Service Provider and of which the Final User assumes full responsibility, without recourse against WIIDII or the Professional Adherent.
Article 12 Creation of Customer Areas and Access to Personal Spaces
At the Final User’s request and when necessary in order to supply goods or services, WIIDII can create a personal space in the name of and on behalf of the Final User in the database of the relevant Service Provider.
To this end, the Final User gives WIIDII an irrevocable mandate to create a personal space to complete the necessary information for the creation of an account (in particular personal data, the address and the references for payment methods) and to produce a password and login when it is necessary. This password will be communicated to the Final User, it will then be their responsibility to ensure its security. This authorisation expires as soon as WIIDII communicates the password to the Final User. It is then the sole responsibility of the Final User to manage all their operations on their personal spaces (updates, orders, privacy, etc.). If the Final User wishes to once again task WIIDII with doing so, the Final User must specifically request this from WIIDII.
Article 13 Mediation and Settlement of Disputes
The Final User recognises that WIIDII and the Professional Adherent are not responsible for the fulfilment or the delivery of the services and goods ordered from the Service Providers via the Service.
The Final User therefore agrees to make a personal case directly against the Service Provider and its insurer for any difficulty or any accident encountered during the use of a good or the carrying out of a service.
WIIDII therefore has no obligation relative to mediation or help with the settlement of disputes that may have occurred between the Final User and the Service Provider.
It is reminded that the Final User may call upon the services of a public mediator to proceed with the mediation of a consumer dispute, in the conditions listed in articles L612-5 and following the Consumer Code.
Conforming to article L. 612-1 of the Consumer Code, one can have recourse to the mediation service MEDICYS, free of charge, which can be contacted electronically at: https://app.medicys.fr/?prold=18bd190a-a2a5-4968-g657-0f619eea1249 or by post at: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
Article 14 Final User’s Obligations
The use of the Service by each Final User is strictly personal, individual and incommunicable. It is strictly forbidden for a Final User to offer or allow a third party to benefit from the Services, whether it be free or subject to payment, if the services in question are not used simultaneously by the Final User.
Each Final User must ensure that they take the necessary measures to protect access to their personal space available on the mobile Application.
The Final User expressly agrees to:
- download the Application on their device exclusively for their personal and non-commercial use;
- not reproduce the Application in a permanent or temporary manner, in its entirety or in part, by any means and in any form;
- not use any software or process destined to copy the Application’s contents;
- undertake any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembling, disassembling, transcoding, or reverse engineering of any or all parts of the Application;
- not export the Application, merge all or part of the Application with other computer programmes;
- carry out short quotations, analyses or reproductions destined for press reviews as well as other uses that are expressly authorised by the law, which under the limits and conditions fixed by the latter and subject to the citation of the authors of the editorial source;
- expressly forgo the use of software or devices susceptible to disrupt the proper functioning of the Application, nor engage in any action that would impose a disproportionate burden for WIIDII’s infrastructure;
- not remove or reuse, including for private use, without the prior written agreement of WIIDII, a substantial part or not of the content of databases and archives created by the Application;
- not implement systems that would be likely to hack the Application or that would violate the present ToS;
- inform WIIDII as soon as there is knowledge of an act of hacking and in particular any illicit or non-contractual use of the Application whatever its mode of delivery;
- not sell, rent, sub-contract or distribute in any manner the Application to a third party.
Refusal to supply certain personal data may deprive the Final User of access to certain features.
The Final User has the right to put themselves on the list to refuse cold-calling ”Bloctel” which can be signed up to at the following address: https://conso.bloctel.fr/.
Article 16 Warranty Limitations
Access and use of the Application is done at the Final User’s own risk.
The Final User must take all appropriate measures to protect their personal data and/or the software stored on their computer or telephone devices against any breach.
The Final User declares they are aware and accept the characteristics and the limits of the Internet network and in particular the functional characteristics and technical capabilities of the Internet network; problems linked to the connection and/or access to the Internet network and/or websites; the problems linked to the availability and the overloading of networks; problems linked to the failure or the saturation of networks; the problems linked to connection times, to access information put online, the response time to post, consult, question or otherwise forward data; the risk of interruption; the absence of protection of certain data against potential diversions or hacking; the risks of contamination by potential viruses circulating on networks, etc. and for which WIIDII’s responsibility cannot be questioned.
WIIDII cannot be held accountable:
- in the case of a fault, loss, delay or error in the transmission of data that is beyond its control;
- for the sending of messages and/or data to a wrong, erroneous or incomplete address;
- if the data did not reach WIIDII, for whatever reason, and if the data received is illegible or impossible to process;
- if the Final User was not able to access or use the Application for whatever reason;
- if, for whatever reason, the connection was interrupted.
Furthermore, WIIDII declines all responsibility in the case of incorrect use of the device and/or an incident linked to the use of the device during the use of the Application. WIIDII cannot be held accountable for any damage, of any nature, caused to the Final Users, their devices, their computer and phone equipment and the data that is stored or the consequences that may stem from their personal, professional or commercial activity.
The information sent on the Application is supplied strictly and exclusively for informative and indicative means. WIIDII makes every effort to keep the Application and the Service updated and to broadcast reliable, lawful and up-to-date information.
Nevertheless, WIIDII cannot guarantee the integrity, exactitude, exhaustiveness, topicality or other qualities of the information broadcast on the Application.
The Final User is solely responsible for the proper and sensitive use of the Service at their disposal on the Application. WIIDII cannot be held accountable for the direct or indirect, material or immaterial consequences that may result from the consultation, the use and/or the interpretation of the information and/or the advice contained on the Application by the Final User.
Article 17 Changes to the Terms of Service
WIIDII reserves the right to modify at any time all or part of the provisions of the ToS without prior notice to the Final Users, in order to adapt them to the changes in the Service, the technical, legal or judicial changes, or with the implementation of new services.
Any new service integrating new technology or characteristics improving the quality of Service will also be subject to the present ToS, unless otherwise stated.
Article 18. Independence
WIIDII and the Service Providers treat one another as independent companies. The Service Provider has no mandate or power to engage or to represent WIIDII and cannot accept any commitment nor offer any guarantee in WIIDII’s name.
Similarly, WIIDII and the Professional Adherent treat one another as independent companies. WIIDII has no mandate or power to engage or represent the Professional Adherent and cannot accept any commitment or offer any guarantee in its name, and vice versa.
Article 19. Limitation of Services
WIIDII reserves the right to immediately and without prior notice interrupt access to the Service in order to proceed with a technical intervention, to improve the Service’s functioning or for any maintenance due to this or to its hosting and/or technical infrastructure service provider. If possible, WIIDII will inform the Final Users beforehand.
Similarly, WIIDII reserves the right to immediately and without prior notice interrupt access to the Service if the Service is used contrary to the current ToS, the laws and regulations in effect, moral standards and public order, or its rights and interests and those of third parties.
WIIDII agrees to do its very best to secure access, consultation and use of the Application.
The Application is accessible 24/7 except in the case of force majeure or an occurrence beyond WIIDII’s control, and subject to potential breakdowns and maintenance necessary for the Application’s proper functioning.
WIIDII is bound by an obligation of due care concerning the accessibility, the functionality and/or the availability of the Application and/or the Service.
WIIDII reserves the right to interrupt, suspend or limit access to all or part of the Application and/or the Service, namely for technical or legal constraints.
Article 20 – Force majeure
The parties cannot be held responsible if the non-execution or delay in executing any of their obligations, as described herein, results from a situation of force majeure, within the meaning of Article 1218 of the Civil Code.
By express agreement, a case of force majeure is regarded as, but not limited to: war, riots, piracy acts, sabotage, requisition, confiscation, nationalisation, embargoes and expropriation, natural disasters (such as violent storms, cyclones, earthquakes, tidal wave, flooding, lightening damage, etc.), epidemics, accidents, explosions, fires, destruction of machines, factories or plants, interruption or delay of transport, failure of a third-party, boycott, strike and lock-out, and act of Government.
The party reporting the event, must inform the other party without delay of the impossibility of carrying out the service and justify themselves to the other party. The suspension of obligations shall in no case be cause of responsibility for non-execution of the obligations in question or induce the payment of damages or penalties of the delay.
The execution of obligations is suspended throughout the duration of the force majeure if it is temporary and does not exceed a duration of 30 days. Therefore, upon disappearance of the cause of the suspension of reciprocal obligations, the parties do their all to resume the normal execution of their contractual obligations as quickly as possible. In that respect the impacted party will notify the other of the resumption of their obligations by any means. If the impediment is definitive or continues for more than 30 days, the current ToS can be resolved at the initiative of the most diligent party in written form. The services exchanged between the parties from the agreement of the contract to its resolution, having been useful in the course of its reciprocated resolution, do not give rise to restitution for the period before the last service where no compensation was received.
Article 21 – Enforcement in kind
By way of derogation from article 1221 of the Civil Code, in the case of a failure of one or the other of the parties to fulfil their obligations, the slighted party cannot ask for it to be enforced.
By way of derogation from article 1222 of the Civil Code, in the case of a failure of one or the other of the parties to fulfil their obligations, the slighted party cannot, carry out the obligation themselves with the help of a third party, at the expense of the non-performing party. The creditor of the obligation can nevertheless bring legal action against the non-performing party to pay the sums necessary to execute the service.
Article 22. Evaluation of the Service
Any User who has entrusted WIIDII with a request may benefit from the possibility of leaving an evaluation of the service on Internet, on specialised websites in the consumer reviews. This evaluation must be based on objective, correct and verifiable data. The User must refrain from any words presenting a defamatory or injurious character. WIIDII reserves the right to ask for the suspension of the communication of any evaluation that may not be conform to the present ToS, the laws and regulations in effect, public order, moral standards and its rights and interests and those of third parties and to ask for the payment of a non-discharging compensation of an amount that cannot be lower than EUR 1000.
Article 23. Applicable law – Jurisdiction
These Terms of Service are subject to French law.
Any dispute or complaint relating to the execution or the interpretation of the current rules that was not able to find an amicable outcome between the parties will be submitted to the relevant courts.
Version applicable from the 29th of March 2019