General conditions of use of the TWIN CORP application
Article 1 – Définitions
We will then designate :
- ‘Application’ : the downloaded TWIN CORP application and all its pages and screens.
- ‘Publisher’ : The person, legal entity or individual, responsible for the edition and content of the application that owns the sign for which the application was created.
- ‘User’ : The mobile user visiting and using the application.
Article 2 – Terms imposed by the law of confidence in the digital economy and object of the application
This application is published by TWIN CORP SAS.
The legal information concerning the publisher of the application, in particular the contact details and the possible capital and registration information, are provided in the legal notice of the application.
Purpose of the application
The application offers you the possibility to follow coaching sessions at a distance. The use of the application implies the user’s acceptance of all the present general terms and conditions, which he acknowledges having fully read and understood. This acceptance shall be deemed to have the same value as a handwritten signature on the part of the user. The user acknowledges the evidentiary value of the automatic registration systems of the publisher of the application and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these general terms and conditions assumes on the part of users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he or she declares that he or she has the authorization of a tutor, curator or his or her legal representative.
Article 3 – Information regarding the collection and processing of personal data.
This data will remain confidential and will not be used for commercial purposes under any circumstances.
Booking of a coaching session: The application provides a “Booking” module.
The user’s data such as the context of the coaching and the objectives to be reached during the session are necessary to take into account the booking.
Article 4 – Access to the application
To access and use the Application, You must have a compatible phone or mobile device and access to the Internet. Any use of the Application constitutes acceptance without reservation of these TOS.
TWIN CORP reserves the right to make all modifications to the present TOU which it will consider necessary and useful. The User is invited to regularly consult the present GCU. Any use of the application following a modification of the CGU will be worth acceptance of the new CGU on behalf of the User. The application is downloadable on iOS and Android, either via the App Store or via Google Play.
The use of the application requires that the user has a user account. This user space is strictly personal. Email addresses and passwords are personal. The user is solely responsible for the use of these elements. The user assumes all responsibility for the consequences of a possible disclosure of these elements. In the context of the creation of his user account, the user will be asked to fill in his personal data, in particular his surname, first name, e-mail address, postal address, date of birth, company, position, the service in which he works, telephone number. This data is collected and processed by the client for the purpose of collecting information to carry out the coaching session with the coaches.
This data will remain confidential and will not be used for commercial purposes. The user acknowledges the client’s right to use his data for statistical purposes once they have been made anonymous. In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify and delete personal data concerning him/her.
Article 5 – Exemption of the responsibility of the editor within the framework of the execution of this contract
In case of impossibility of access to the application, due to technical problems or of any kind, the user will not be able to claim any damage and will not be able to claim any compensation.
The hypertext links present on the application may refer to other applications or websites and the responsibility of the publisher of the application can not be held liable if the content of these sites and applications contravene the laws in force. In the same way the responsibility of the editor could not be engaged if the use of these sites or applications, by the user, would cause him a prejudice.
Article 6 – Intellectual property rights relating to the elements of the application
All elements of the application belong to the publisher or a third party agent, or are used by the publisher with the authorization of their owner. Any copy of the logos, text, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is similar to counterfeiting.
Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion can not constitute a damage, without reservation of possible subsequent legal action against him, at the initiative of the publisher of the application or his agent. The present application uses elements (images, photographs, contents) for which the credits go to : TWIN CORP.
Article 7 – Trademarks
The trademarks and logos contained in the application are registered by TWIN CORP, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in the articles L.713-2 and following ones of the Code of the intellectual property.
Article 8 – Limitation of responsibility
Access to and use of the Application is at the User’s own risk. The Application and the software are provided “as is” and “as available” without any warranty whatsoever.
It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
The User declares that he is aware of and accepts the characteristics and limitations of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to the availability and congestion of networks; problems related to the failure or saturation of networks ; problems related to transit time, access to online information, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible hijacking or piracy; risks of contamination by possible viruses circulating on said networks, etc. for which the responsibility of TWIN CORP could not be committed.
TWIN CORP cannot be held responsible:
- in case of defect, loss, delay or error of data transmission which are independent of its will
- for the sending of messages and/or data and to a false, erroneous or incomplete address;
- if data does not reach it, for any reason whatsoever, or if the data it receives is illegible or impossible to process ;
- if the User is unable to access or use the Site, the Application and/or the Services for any reason whatsoever;
- if, for any reason, the connection should be interrupted.
Moreover, TWIN CORP declines any responsibility in case of misuse of the terminal and/or any incident related to the use of the terminal during the use of the Application. TWIN CORP could not be held responsible for any damage, of any nature, caused to the Users, to their terminals, to their computer and telephone equipment and to the data which are stored there, nor for the consequences which could result from it on their personal, professional or commercial activity.
Article 9 – Access to the application by Internet connection
The responsibility of the editor cannot be engaged because of a technical unavailability of the connection, whether it is due in particular to a case of absolute necessity, to a maintenance, an update, a modification, an intervention of the host, an internal or external strike, a network failure, a power cut, or a bad configuration or use of the peripheral of the user.
Article 10 – Miscellaneous clause
The present general conditions are subject to the application of French law. They can be modified at any time by the publisher or its representative. The general conditions applicable to the user are those in force on the day of his purchase or his connection to the application. The publisher commits himself obviously to keep all his former general conditions and to send them to any user who would make the request.
Except provisions of public order, all litigations which could occur within the framework of the execution of the present general conditions will be able before any legal action to be subjected to the appreciation of the editor in life of an amicable settlement. It is expressly reminded that the requests for amicable settlement do not suspend the open deadlines to invent legal actions. Unless otherwise provided, of public order, any legal action relating to the execution of the present contract shall be subject to the jurisdiction of the courts of the jurisdiction of the court of appeal seized.
The word “Cookie” is used here in a broad sense and includes any file that is placed on the user’s device to identify the user or to permanently save information on the device.
A “Cookie” is used to identify the user, to personalize the user’s experience and to speed up the display of the application by saving a data file on the user’s device. The application may use “Cookies” primarily to 1) allow the application to store user actions and settings within the application, 2) obtain browsing statistics in order to improve the User’s experience, and 3) allow access to a member account and content that is not accessible without a connection.
The User acknowledges being aware of this practice and authorizes the publisher to use it. The User can refuse the registration of “Cookies” by changing the settings of his device or the application, but the publisher cannot guarantee that the application will work as expected, and will not take any responsibility in case of non-functioning of the application.
Article 12 – Framework of the conditions
If any provision of the Terms and Conditions is deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions describe the entire agreement between the user and the publisher. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sub-licensable by the user himself.
A printed version of the Terms and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the General Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be written in the French language.
Article 13 – Notifications
Any notification or notice concerning these terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows you to regularly monitor your packages, or by email to the addresses indicated in the legal notices of the application, specifying your surname, first names, contact details and the subject of the notice.
Article 14 – Claims
Any claim related to the use of the application, the pages of the application on possible social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days following the day of origin of the problem that gives rise to the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be unenforceable in a court of law.
Article 15 – Inaccuracies
It may be possible that inaccuracies or errors, or information that is not in accordance with the general terms and conditions, legal notices or personal data charter may be found in the application and products offered, and to a limited extent, inaccuracies or errors. In addition, it is possible that unauthorized modifications may be made by third parties on the application or on related services (social networks…).
We make every effort to ensure that any such discrepancies are corrected. In the event that such a situation is beyond our control, please contact us by post or by e-mail at the addresses indicated in the legal notice of the application with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests concerning copyright, please refer to the section on intellectual property.
All rights reserved – 11/14/2017
CONTACT US114 Boulevard Malesherbes 75017 PARIS
+33 (0)1 42 61 16 01