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General Terms of Use
Definitions
Within the framework of these Terms of Use, the term :
GTU : Refers to these General Terms of Use
Account or Customer Account : Refers to the account of the User allowing him to access the Services offered and including any information communicated by him
Personal space : Refers to the User’s personal interface
Parties : Refers to YVEA and the User
Services : Refers to all services offered by the Site and allowing the User to use the virtual assistant in the outsourcing of the administrative management of logistics and supply chain
Website : Refers to the website accessible at https://www.yvea.io
Company or Publisher : Refers to the company YVEA, SAS with a capital of 1,000 €, whose registered office is 128 boulevard de la Libération 13004 Marseille, registered with the RCS of Marseille under number 914 285 259 User: Refers to any natural or legal person using the Site and the Services offered there
Preamble
«YVEA» is a platform accessible at https://www.yvea.io/ , which provides Users with a virtual assistant in the outsourcing of the administrative management of logistics and supply chain.
The purpose of these Terms of Use is to define the terms of use of the Site by any User holding a Customer Account, and to define the rights and obligations of the Parties.
By browsing the Site, the User acknowledges having read and fully and unreservedly accept these Terms.
The Company reserves the right to modify the GTU at any time. They will then be applicable as soon as they are put online. As such, the User is invited to read these GTU regularly.
They may be supplemented where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over the general conditions.
ARTICLE 1. Access to the Website
Access to the Site is reserved for natural persons of full legal capacity, and legal persons acting through a natural person with legal capacity to contract in the name and on behalf of the legal person.
The Publisher reserves the right to request any justification of the User’s identity.
Access to and use of the Site is strictly for the personal use of Users.
ARTICLE 2. Customer Account
Only users with an Account can access all the features and services of the Site. The Customer Account must be created on the Site by the natural person or legal representative of the legal entity that wishes to use the Company’s Services. If several representatives of a legal entity wish to use the Services, they must each create an Account in the name of said legal entity.
When registering, the User enters an email address and a password chosen by him, which constitute his credentials, and whose entry will allow the connection to the Account.
2.1. Registration Conditions
Registration on the Site as a customer is free. The User is invited to provide identifying information by completing the customer file. By completing this form, he declares that he has read :
- these General Conditions of Use,
- General Conditions of Sale,
- General Conditions of Use of the market place,
- and the Privacy Policy,
- and accept them unreservedly.
The User undertakes to provide the Company with accurate and complete data (surname, first name, email address, telephone number, etc.), which do not infringe on the rights of third parties, whatever they may be.
Any incomplete registration will not be validated.
The User undertakes to update the aforementioned information and correct any errors affecting them. The Company reserves the right to ask the User to confirm, by any appropriate means, his identity, eligibility and the information communicated.
The User may unsubscribe at any time by sending a request to this effect to the Company, at the address: [email protected]. The cancellation is effective immediately. It entails the automatic deletion of the User’s Account and the deletion of data and documents that appear in the Personal Space.The Company reserves the right to delete a User’s Account, and to refuse the creation of an Account without having to justify any reason.
2.2. Technical Specifications
The User acknowledges having read all the characteristics and technical constraints of the Site. He acknowledges having the means and skills necessary to use the Site. The equipment necessary to access and use the Site is the responsibility of the User, as well as the telecommunication costs incurred by their use.
2.3. ID Management
The User undertakes to create only one Account corresponding to the legal entity of which he is the legal representative. The credentials are personal. The choice of identifiers must be made in compliance with the legislation in force, in particular that relating to identity theft (article 434-24 of the Penal Code) or trademark or copyright infringement (article L.335-2 et seq. and .713-1 et seq. of the Code de la propriété intellectuelle).
The User is personally responsible for the confidentiality of his username and password. Any connection to a User’s Account from his credentials will be presumed to have been made by the User himself. The User is solely responsible for the use of his credentials by third parties or actions or statements made through his Account, whether fraudulent or not. It guarantees the Company against any request in this respect.
It is recalled that the Company has no obligation to verify the identity of each User. Therefore, in case of usurpation of the identity of a User, the Company cannot be held responsible.
In any case, if a User suspects fraudulent use of his Account, he must immediately notify the Company. In accordance with Article 4 below, the Company reserves the right to suspend the Customer’s Account, and more generally, to take any appropriate action.
ARTICLE 3. Content of the Website
All trademarks, photographs, texts, comments, illustrations, animated images or not, video sequences, sounds, as well as all computer applications used to operate the Site, and more generally all the elements reproduced or used on the Site are protected by the laws in force under the intellectual property or the right of the producers of databases.
They are the full property of the Publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior consent of the Publisher, are strictly prohibited, and will be the subject of legal proceedings. The fact that the Publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waivers of proceedings.
Photographs and reproductions of products, accompanying their description, are not contractual and do not engage the Publisher. The Publisher reserves the right to insert on any page of the Site and in any communication to Users advertising or promotional messages in a form and under conditions it deems useful.
ARTICLE 4. Website Management
The Company has adopted reasonable measures to ensure secure access to the Site. These security measures include, but are not limited to, the following :
Authentication of Users by a username and password : The password is chosen by the customer and can only be known by him. It is never transmitted to the User by any means whatsoever, nor to his collaborators.
Securing access to data : Only Users attached to a Customer Account can view and access the data and documents of that Customer Account.
Securing network exchanges : the Publisher has implemented the encrypted HTTPS transfer protocol to secure information circulating on the Internet as part of the Services.
Server platform security : The Publisher has adopted appropriate means of data collection, storage and processing, as well as specific software and physical security measures to protect against access, the unauthorized modification, disclosure or destruction of data and documents in the Personal Spaces.
The Company undertakes to the User to make its best efforts to ensure that the information concerning him and in his Personal Space will remain confidential.
For the proper management of the Site, the Publisher may at any time :
- suspend, interrupt or limit access to all or part of the Site, reserve access to the Site or certain parts of the Site for a specific category of User;
- delete any information which may disrupt its operation or contravene national or international laws or Netiquette rules;
- suspend the Site for updates.
ARTICLE 5. Prohibited Conducts
It is strictly prohibited to use the Services for the following purposes :
- the carrying out of activities which are illegal, fraudulent or which infringe the rights or safety of third parties,
- a breach of public order or of the laws and regulations in force,
- intrusion into the computer system of a third party or any activity liable to harm, control, interfere with or intercept all or part of the computer system of a third party, violating its integrity or security,
- the sending of unsolicited emails and/or prospecting or commercial solicitation,- manipulations intended to improve the referencing of a third-party site,- help or encouragement, in any form and in any way, one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
It is strictly forbidden for Users to copy and/or divert for their or third parties' purposes the concept, technologies or any other element of the Site. The following are also strictly prohibited :
- any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services,
- any intrusion or attempted intrusion into the systems of the Site,
- any misappropriation of Site system resources,
- any action likely to impose a disproportionate burden on the infrastructure of the latter,
- any breach of security and authentication measures,
- any acts likely to infringe the financial, commercial or moral rights and interests of the Company or the Users of the Site, and finally, more generally, any breach of these general conditions. It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as the information hosted and/ or shared there.
In the event of a breach of any of the provisions of these general terms and conditions or more generally, a breach of the laws and regulations in force by a User, the Company reserves the right to take any appropriate measures, including :
- suspend or terminate access to the Services of the User, author of the breach or infringement, or having participated in it,
- remove any content posted on the site,
- publish on the site any information message the Company deems useful,- notify any relevant authority,
- initiate any legal action.
ARTICLE 6. Personal Data
The User is invited to refer to the Privacy Policy accessible on the Site.
ARTICLE 7. Responsibility
The Company cannot be held responsible for :
- temporary difficulties or impossibilities of access to the site which are due to external circumstances, force majeure, or which are due to disturbances of telecommunications networks,
- if the client uses the Services to present and/or organize its management and accounting in a way that is not in accordance with the legislation in force,
- any loss or distortion of the content of the documents downloaded by the User on the server,
- changes in national and international regulations that could impact the Services.
The User guarantees that the identifiers, passwords and equivalents obtained during registration are stored and used in a secure manner, without third parties being able to access and use them. The User will be responsible for any unauthorized use of the Services. The Company shall not be liable for any loss or damage arising from the User’s failure to comply with these requirements.
When it is suspected that an unauthorized person may have knowledge of the username and password of a User, the latter must immediately inform the Company. In case of major defects that would significantly prevent the use of the Site by the customer and that would be attributable to negligence of the Publisher, the latter undertakes to act to correct this defect without undue delay. In the absence of intent or gross negligence on the part of the Publisher, the latter will not assume any liability relating to defects or failures preventing access to the Site or one of its features. Error notifications must be delivered by the customer in accordance with the instructions announced by the Publisher on the Site and within a reasonable time following the discovery of the defect.
The connection material to the Site used by the User is under its sole responsibility. It is required to take all appropriate measures to protect its hardware and its own data, including virus attacks over the internet. He is solely responsible for the sites and data he consults.
The Publisher cannot be held liable in the event of legal proceedings against the User :
- the use of the Site or any service accessible via the Internet,
- due to non-compliance with these GTU.
If the Publisher were to be the subject of an amicable or legal proceeding due to the use of the Site by the User, he may turn against him to obtain compensation for all damages, amounts, convictions and costs that may result from this proceeding.
ARTICLE 8. Cookies
The Site may automatically collect standard information.
The information collected will only be used to track the volume, type and configuration of traffic using the Site, to develop its design and layout, and for other administrative and planning purposes, and more generally, to improve the Services offered.
Any User has the possibility to refuse these cookies by clicking on the button «delete cookies» in the internet options/ tabs «confidentiality», knowing that the use of the Site may be limited. A cookie does not allow the Company to identify the User. In general, it records information relating to the navigation of the User’s computer on the Site (pages consulted, date and time of consultation, etc...) that the Company may read during subsequent visits.
These cookies will remain stored on the User’s computer for thirteen, unless the User deletes them.
ARTICLE 9. Applicable law
These General Conditions of Use of the Site are governed by French law, and subject to the jurisdiction of the French courts.
ARTICLE 10. Contact
For any questions and information on the Site, the User is invited to contact the Company at the following address : [email protected], or at the following telephone number : 01 59 06 79 52.