I. IDENTIFICATION OF THE COMPANY
The SPICESOFT company stock company with a capital of 100 934,90 euros, registered with the Trade and Companies of Paris under number 800 416 240 whose registered office at
9, rue du Faubourg Poissonnière
75 009 Paris
With the EU VAT No. FR 55800416240, which can be reached by telephone at +33 0972660506 or email to: firstname.lastname@example.org (hereinafter: the “Company”) publishes an accessible website, in particular, in the following domain: “http://www.cowork.io” allowing its members to access a management platform of workspaces and various associated services (hereinafter -after: the “Site”).
The Publication director is the CEO of the company, Mr Pierre-André SVETCHINE.
The Website is hosted by the company :
26, Avenue de la Praille
II. REGISTRATION SITE – ACCEPTANCE OF TERMS
These general conditions (hereinafter: the “General Conditions”) organize the registration process and use of the Site and the services offered there. Each user accessing the Site and using registering there must have read and accept them without reservation.
By accessing the Site entails application of the provisions and conditions set out below. Anyone not wishing to accept these Terms and Conditions must therefore refrain from using the Site.
The Terms are subject to change, the Company reserves the right to modify them at any time. The General Conditions in force are those available on the website under “Terms of Service” on connecting a user to the Site. The Company will inform promptly the potential of online changes of the Terms inviting, with a message on this website, to view the updated Terms.
It is specified that certain services available on and / or from the Site may be subject to specific conditions of use and / or sale to which each user must adhere and must accept to access these services. In case of contradiction between these General Terms and said specific special conditions shall prevail over these Conditions.
2.2 REGISTRATION SITE
The use of the services offered on the Website is subject to registration, to create an account and to prior identification.
The Site is a workplace management platform, alone are entitled to register for the site and create an account:
- the officers, partners and / or employees of a legal person in private law or public law with a SIRET -that this is a commercial company, cooperative, independent, an artisan, an auto-entrepreneur, an association, a local authority, a public institution, etc.- managing a local authority to receive the public, (hereinafter: the “Person (s) Moral (s) “)
- pledging to use the Website on behalf of the said Legal Entity for strictly business purposes as part of their duties, to the exclusion of any other use, particularly to private, personal or family purposes (hereinafter: the members).
Any person making an entry on the Site on behalf of the Legal Entity to which it is attached states have permission to do so. If this individual does not have the required permissions, the Company invites him to approach the persons authorized within the said Legal Entity for which it expressly confirms him their agreement to the creation of an account for the Legal Entity. Without the necessary authorizations or arrangements, the individual is exposed to legal action from both the Company as of the relevant Legal Entity.
Several individuals belonging to the same Legal Entity will be allowed to register for the Site and to have an account as a Member, only one of these individuals, however, have the administrator of the account of the Legal Entity concerned and will be authorized to invite and accept the registration of others.
To allow registration to the Site and the creation of an account, the Member agrees to provide all the required information concerning required in the registration form. Failing to answer the mandatory questions, the Member can not validate the creation of his account and thus use the Site and the services offered there.
Each Member undertakes not to communicate that information of its own, accurate and up to date and do not infringe rights of third parties or contrary to public order and morality.
The Company confirms the registration and account creation by automatically each Member addressing a confirmation request to the email address provided on the registration form. The confirmation email sent by the Company includes in particular a hyperlink on which each member has to click in order to definitely validate the registration and the creation of his account.
At registration and at any time during the use by him of the Site, each Member agrees to update the data and information about it. As such, it guarantees the truthfulness, accuracy and completeness of information provided to the Company and will be solely responsible for any error, omission or failure and update.
The Company may request each Member confirmation -by any medium- information transmitted, identity and authorization / clearance at its disposal to create an account as part of its function within the Legal Entity to which he is attached. If the Member communicates false information or refuses to comply with requests for supporting the Company, the Company may exclude the Member’s website.
Once registered, members can access the services offered on the Website from a username and a password. The information provided to the Company by each Member under its registration is strictly confidential. The username and password are personal members and remain under the sole responsibility. It assumes custody and risk of loss. For this reason, the Member shall take all necessary precautions to ensure the confidentiality, security, and their correct use, to prevent them from being disclosed to unauthorized third parties. The Member is solely responsible for the use by any other person of his username and password and, in particular, all transactions made via his account. Consequently, any connection to the Site, via an account and / or transmission of data carried by using the account of a Member, be deemed to have been made by the holder of the account and at their own risk. In case of fraudulent use of his password and / or its identifier, the Member agrees to notify the Company in writing within the shortest possible time.
As part of the registration to the Site, the Company offers each Legal Entity to subscribe to one of the various subscription packages allowing him to access the services offered on the Website. The content and practicalities of each subscription plan is detailed on the website, bearing in mind that the subscription taken on behalf of the Legal Entity allows the registration to the Site and the use of services by several members of the same person morality.
If a Legal Entity has several members, only one of them will be the administrator of the account and the Legal Entity will be entitled to subscribe subscriptions and end, to invite and accept the registration of other Members. In any case, all legal and related to the same Legal Entity Members benefit through their respective accounts, the same services, without the need to purchase a subscription member.
It is specified that these subscription formulas can be modified by the Company at any time, provided that any amendment shall apply only to subscriptions by the Member after such modifications. They will not affect the running subscriptions.
Taking out a subscription for a Legal Entity is embodied in a series of steps on the Site allows the Member to verify the details of the subscription plan chosen -in including the description of the associated services, duration and price- before confirmation and payment.
- Payment of the price of subscription is done [TBC + ADD TRANSFER credit card: only accepted network cards Carte Bleue, Visa, Eurocard, Mastercard] which the Legal Entity to which is attached the Member is personally holder, bearing the words of his identity.
For online payment purposes, the Member accesses a secure server certified by a certificate authority. The Member must provide the credit card number of the Legal Entity by completing online payment form. The transaction is then performed according to the banking security standards. In this context, the Company has no access or retain the number of the credit card.
By providing the credit card number of the Legal Entity, the Member accepts the name of the Legal Entity in advance and unconditionally that the Company proceed with the secure transaction. The Member authorizes in advance the bank of the Legal Entity to charge the credit card at the sight of the records or statements transmitted by the Company, even in the absence of signed invoices. The debit authorization of the credit card is always given for the amount of the subscription as charged by the Company.
The credit card is then charged following the click made on the Website by the Member on the Site and subject to full compliance of these Terms and Conditions. In the event that for any reason whatsoever (opposition, refusal of the issuing center, etc.), the flow of money owed by the Legal Entity proves impossible, the subscription taken will not be recorded by the Company and the Legal Entity and its members will not have the services associated with it.
- Upon confirmation and payment of a subscription plan, the Company acknowledges receipt by email to the email address provided by the Member.
As of actual receipt by the Company of the price of subscription, the Company agrees to allow the Legal Entity and its members to use the services associated with the subscription taken for the duration of it, unless terminated earlier as provided in section 4 below.
At the end of the term of the subscription plan purchased, it will be for the Legal Entity to renew his subscription to continue to use the Site and the services associated with it.
If the Legal Entity decides to terminate its contract prematurely or not to renew it for the arrival of his term, the Legal Entity can no longer use the associated services and the Site as of this date.
It is stated that the end of the subscription or termination of it prematurely can result in deletion of all information, files and data provided and / or exchanged by the Member on the Site and the elements id as well as those related to the Legal Entity. It is therefore the Member to ensure you first registered by any means all data, files and information belonging to him on the Site before the end or early termination of the subscription.
Early termination of a subscription will not give rise to any reimbursement of the price previously paid by the Member to the Company except termination by the Member as a result of gross negligence or willful misconduct of the Company. Assuming a Legal Entity would move from a then current subscription to another subscription, the price of the new subscription will be fully charged chosen him, however, decreased the price of subscription finished prorated prematurely elapsed time between its subscription and termination.
III. SERVICES PROVIDED BY THE COMPANY
The Company provides the following services on the Site (hereinafter: the (s) “Service (s)”):
3.1 MANAGEMENT PLATFORM
The Company provides each Legal Entity a placeholder on the site from which the Member can configure and run the tools that are available to manage its center, set its activities, define the operating rules and occupation as well as entering into contact and interact in real time with all the people wishing to book and hold a space, via a platform developed by the Company.
Within this platform, a Member has several tools described on the Site allowing it -notably- for optimization of Legal Entity’s activities to which it is attached and, depending on the choice and parameters that will selected:
- to store, share, disseminate and exchange content, data, files and information related to the Legal Entity, its products and / or services, its news,
- to make reservations for workspaces by the hour or by the month,
- manage the occupancy calendar and access to its center,
- to make contact and receive messages,
- define the contractual terms relating to the reservation and occupation of spaces,
- conclude online contracts, edit invoices and collect the price charged to customers booking spaces in the center of the Legal Entity, etc.
In this context, the intervention of the Company is limited to make technology available to the configurable presentation tool, management of center and exchange between the body corporate and third and software solutions permitting said platform to function.
As a service provider, the Company chooses, control and / or does not endorse the elements previously incorporated by Members on the Website; its only role of harbouring them on its servers in order to display on the Site. The Company does not intervene or interfere more at any point in the activities initiated by Members in this framework. She can not know or control the content, data, files and information, news, offers of products and / or services carried by each Member under its own responsibility and the conditions of management, availability, reservations and occupancy spaces. The Company does not provide supervision of those activities not more than elements and posted by Members on the Site it is content to store and transmit automatically. It is also not subject to a general obligation to seek facts or circumstances revealing illicit activities. Similarly, the Company does not intervene in trade and commercial relations that develop between Member Site and third parties in respect of spaces. Therefore, it may be liable in any way whatsoever decisions that could be taken and / or contracts which could be negotiated between them and / or activities initiated on the basis of information and contacts created through the Site.
The Legal Entity is solely responsible for all activities conducted through the platform provided by the Company, contents, data, files, information, news, messages, offers of products and / or services placed online, exchanged or carried out via said platform and commitments towards people booking and occupying a space in its center, as well as the content and the conformity of the edited invoices and receipts made through the tools provided by the Company. It is responsible for ensuring accordingly have all the rights, licenses and authorizations for the purposes of its activities through the platform of the Company.
For its part, the Company may incur liability for activities and content uploaded and / or exchanged by Members, except that the manifestly unlawful nature of certain content and / or activities have been brought to its attention in compliance with the provisions of Article 6 I 5th of Law No. 2004-575 “for confidence in the digital economy”, including via the section of the website entitled “Report Abuse” and it has not acted promptly to remove them from the site.
Without limiting the foregoing, the Company therefore reserves the right, following requests from a Member or a third party alleging a violation of his rights because of integrated elements by another Member on Site, to remove these. In this case, the Company also reserves the right to exclude the Member’s site under the conditions set out in section 4 below.
3.2 SITE OF THE CORPORATION
The Company also allows Legal Persons using the Site to benefit from a service creation, configuration, customization and hosting of websites.
- Through the platform provided by the Company and according to instructions and steps that are detailed, the Company offers the possibility to each Legal Entity create a website on its activities and its center, said site being then accessible by any Internet user wishing reserved space and referenced on Internet search engines (hereinafter: the (s) “Site (s) of (the) Legal Entity (s)”).
For the purposes of implementation, configuration and hosting the website the Legal Entity of the Company, it is for the Legal Entity to provide the Company with the necessary information, contents and elements which will be requested via the platform and which it authorizes the use by the Company for the purpose of realization of the site the Legal Entity. As such, the Legal Entity undertakes include: to provide all the elements required by the regulations for the identification by users of the Legal Entity as an editor of the site of the Legal Entity, and to recover the Company with accurate information, updates on its center and do not infringe the rights of others. Similarly, it will be up to him to check their accuracy before the launch of the website of the Legal Entity and at any time during the term of an accommodation by the Company. In particular, the Legal Entity agrees to notify the Company immediately of any errors and / or omissions that may appear on the Website of the Legal Entity that the Company may make any necessary corrections. The liability of the Company can not be held if a Moral Person failed to report to it an error or omission on the Site of the Legal Entity before or during the term of an accommodation by the Company.
The site of the Legal Entity may in particular integrate a social network in which different people occupying a space in the center of the Legal Entity can disseminate information and exchange data and / or messages and interact there between. This principle of exchange of information and messages being the very essence of that social network, it will be for the Legal Entity of the authorization of the persons involved to:
- That any content it broadcasts on the website of the Legal Entity can be consulted by others in the center.
- Be herself recipient of messages and related content to said other people.
- The Company will make available to the Legal Entity tools and filters that will enable the persons concerned, on the site of the Legal Entity, to set up, configure, manage and / or modify their own privacy settings.
It is specified that in this context, the Company will act as creative services provider, customization and hosting of Legal Entities of the Sites. The Legal Entities have only quality publishers of such sites of Legal Entities and are therefore solely responsible for the content, data and information incorporated upon request by the Company.
- The Legal Entity grants the Company a license to use the intellectual property rights may be attached to the content and materials provided to the Company and hosted on the Site and / or on the website of the Legal Entity and the purpose of their broadcast.
This license includes the non-exclusive right for the Company to reproduce, adapt, translate, scan, use such materials as part of the Site and Site of the Legal Entity -and this in particular to allow visualization by Morales and other Members- persons and, in general, on all media and means of dissemination and communication implemented by the Company to provide the Site and Site of the Legal Entity. The Legal Entity expressly authorizes the Company to modify the information provided by the Legal Entity to make them compatible with the technical performance or the formats of related media.
These rights are granted for the whole world and the entire legal term of protection of the elements involved and both from the French and foreign laws that current and future international agreements, including extensions that could eventually be made to this duration.
- The Website of the Legal Entity is designed from its own platform by the Company. Excluding items, content and information unique to the Legal Entity that it has provided the Company with the purpose of achieving and finalizing the site of the Legal Entity, said the Legal Entity site remains the sole and full Company property, which is second to the Legal Entity any intellectual property on the elements relating to the site of the Legal Entity developed by the Company.
The latter gives the Legal Entity one license to use the Legal Entity of the site for the duration and in consideration of the subscription taken by the said Legal Entity, after which the license will automatically terminate. To date, the Legal Entity can not use, exploit, broadcast, upload the site the Legal Entity. It accordingly undertakes not to reuse, sell, operate all or part of the Site of the Legal Entity incorporating elements and work carried out by the Company and belonging to the latter only after that date.
The Company also provides Members a service provision of complementary software applications and tools (hereinafter: the “Application (s)”).
Applications are described on the website as well as their conditions of use, which may use, as appropriate, be granted by the Company or by third party partners of the Company free of charge or for a fee.
The selection of applications-even when done in return for payment of a sum of money by the Member- not a sale but a service under which the Member is granted by the Company or by the third-party partner publisher of said application a simple personal use, non-exclusive, non-transferable on the Site for case- -according to the duration of its registration in the Site or its subscription. Applications are actually stored on the servers of the Company and can not therefore be validly downloaded to the computer of the Member or used outside of the Site.
No right of ownership of these items -other a license to use solely in the context of the Site by the Member and only for the duration of use of the Site by the Member- is transferred to the Member.
IV. WARRANTY – LIABILITY
- Each Member states, recognizes and guarantees it will not use the Services and / or the Site in strict compliance with the regulations applicable to its business and that it will include in the Site and / or the Site the Legal Entity element no offender laws and regulations, including, it holds all intellectual property rights shall with integrated elements and / or has all the necessary authorizations for dissemination under his responsibility in this context.
The Legal Entity will be solely responsible for payment of obligations relating to the exercise of its business (including: registration, accounting obligations, social, fiscal, etc.) and compliance with laws and regulations incumbent on him in his capacity as professional regard, in particular, to the animation of the center and the provision of spaces. She says the full compliance of its activity and said center with applicable regulations and in particular, in terms of standards, authorization, and security, etc. It therefore guarantees the Company against any judicial or administrative proceedings, claims, demands or opposition on the part of any government, or any natural or legal person claiming a violation of legal and / or regulatory prejudice, a right and / or an act of unfair or abusive competition with activity of the Legal Entity via the Site is directly or indirectly responsible. In this case, the Legal Entity shall bear any financial consequences resulting from such circumstances and in particular lawyers’ fees, the amount of convictions in the context of a court decision as well as the compensation and expenses of any kind incurred by the Company.
The Company may at any time on notice to a Member by e-mail confirmed by registered letter with acknowledgment of receipt, exclude such Member of the Site and terminate its registration and, if applicable to the subscription, subject to compliance with notice of ten (10) days for failure of the latter to its obligations under these Conditions not repaired within that time, and especially when providing identifiers or non-compliant personalization and / or information inaccurate or not updated identification and / or for infringement of the rights of others and / or violation of applicable laws and regulations and / or annoyance to morality or public order.
It is specified that the Company will exclude the Member without notice in the case of serious and unrepairable breach committed by the latter, without prejudice to any damage interests which the Company could claim this title.
- It is recalled that as host of sites of Legal Entities, the Company may not –when it has not been expressly informed- be held responsible for any unlawful elements that are there incorporated by or at the request of a Member.
Each Member is solely responsible for all direct or indirect damages arising from: the use of material published by him and represented in the platform provided by the Company and on the sites of Legal Entities of any breach of the Terms and as any wrongful activity initiated from the account of a Legal Entity, due to the fault or negligence.
Each Member accordingly undertakes to indemnify the Company against all actions, claims, demands or opposition from any third party for the use of such elements by the Company. In this case, the Member concerned undertakes to pay all damages which could be convicted the Company and compensation and expenses of any kind incurred by the latter.
- For its part and for the sole elements of the site published by the Company including the services provided therein, the Company undertakes for the duration of the subscription of the Legal Entity to comply in respect of the rules art and regulations applicable to the Services, for their successful conclusion.
As part of an obligation of means, the Company provides the necessary efforts to allow uninterrupted access to the Site and Services by Members. However, the Company can not guarantee the availability and proper functioning of the Permanent Site and Services. It implements the necessary measures to ensure their availability. For technical reasons, a temporary interruption of the Site and / or Services is possible. The Company will seek to better inform Members about the nature and duration of any interruptions but nevertheless incur no liability in the event of unavailability of the Site or the Services. The Company can not be held responsible if members failed to reach any part of the Site and / or Services due to any technical fault or any problem including, without limitation related to: the clutter of the Internet, failure of Internet service providers, human error or electrical origin, malicious speech, all software or hardware malfunction and / or a force majeure.
Furthermore, responsibility can not be taken concerning direct or indirect damage (loss of data, financial losses, profits, loss of opportunity) that could suffer a Moral Person and / or a Member in respect of the Site and / or any of the Services for any reason whatsoever, including, because of its connection to the Site, inability to access or connect to the Site, or non-operation or operation of all or part of the Services. Are especially targeted damage that may arise from inaccurate content, errors, slowness or interruption in the transmission loss, disappearance or alteration of data, viruses, whatever their origin, intrusion of third parties, and more generally use of the Site or Service or the inability to use them.
- In addition, the Site may also enable Members to access, via hyperlinks placed in the different headings, edited and services provided by third-party partners (hereinafter referred to as “Partner Services”). The Site may also contain promotional items (banners, buttons, etc.) clickable returning Members to the sites and services of others.
Services Partners and advertising components and third party services which they provide access are offered independently by partners, advertisers or third party publishers of services and under their own responsibility. Accordingly, the Company shall not be held liable for the content of Services Partners accessed through links on the Site, or all offers, information or consulted on these transactions Partners Services; publishers Partner Services is only engaged in a contractual relationship with the Member.
Accordingly, any Member accessing services through the Site Partners thus will exclusively apply the specific conditions of use and / or sale of such Services Partners. The Company will not provide any service or warranty regarding the Services Partners used by Members and / or with respect to the above publicity elements. Accordingly, the Company disclaims any responsibility if Partners Services, content and advertising provided by third parties violate the laws and regulations in force.
However, the Company will make its best efforts to transmit as soon as possible, Services Partners and / or third parties, all questions, complaints Members for these services. So that the Company can identify the object of their application and the Service Partner concerned, Members will take care of with their application specific information.
VI. INTELLECTUAL PROPERTY
All of the Company’s website elements-especially: its structure, services offered there, content, information presented there, artwork, photographs, images, sounds and videos, their organization, the basics data and software tools that are being exposed- is protected under copyright, trademark law and intellectual property rights.
The Company grants the Members who access the website a personal, non-exclusive use of the Site and its contents. Therefore, said Members undertake to respect the rights of intellectual property on the Site and its component parts, and especially not to:
- reproduce, modify, alter, repost without permission of the Company, any content item or relating to the Site;
- divert or make commercial use of the Site and / or services offered without seeking the prior express agreement of the Company;
- extract, reuse, store, reproduce, represent or keep, directly or indirectly, on any media, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the Site as well as perform an extraction or repeated and systematic reuse of qualitatively and quantitatively unsubstantial parts when these operations clearly exceed normal conditions of use of the Site.
VII. EFFECTS OF THE PRESENT
- If any provision of these Conditions is held void or unenforceable by a competent court, it shall be deemed unwritten and all other provisions of the Terms remain in full force unless its inapplicability substantially affect the balance the General Conditions.
The company will replace the provision declared invalid or unenforceable by a valid clause and execution could have as much as possible the same effect as the invalid or unenforceable provision should have been declared.
- The fact that the Company did not claim the benefit of a right or a failure of a Member to any of its obligations under these Conditions shall be construed in the future as a abdication of the Company or waiving the obligation in question.
- The titles of the articles that are inserted in the General Conditions have only reference value and will not affect the interpretation of the General Conditions.
- The relationship between the Company and the Legal Entities as well as Member are and will remain those of parties acting in the framework of the General Conditions in full independence. The General Conditions can not therefore in any way be regarded as constituting or establishing a form of enterprise, employment contract, GIE or association between them.
None of the parties under these Conditions the authority to bind the other party in any manner whatsoever, in particular for the signing of any contract, letter of intent, orders or any written document or instrument Legal beyond what is expressly stated in the Terms, unless express written request of the other party.
- These Conditions are expressly subject to French law.
Any dispute concerning the use of the Site and Services by Members, relating said General Conditions, their interpretation or execution, failing amicable agreement reached following the occurrence of the dispute, will be the exclusive competence of the Tribunal Commerce Paris, despite multiple defendants or guarantee, even for provisional procedures, in chambers or by request.
[TOU/TOS CoWork.io – V2 – July, 12th 2018]