GENERAL CONDITIONS OF USE OF 1CLICK-COMMERCE

The purpose of these general conditions of use (hereinafter referred to as "T & Cs") is to determine the rules for using the "1click-Commerce" service (hereinafter referred to as "1click-Commerce") published by the company Profileo ( hereinafter referred to as "Profileo").

By installing 1click-Commerce on your terminal and / or by accessing its management interface, as a user, you unconditionally accept or reserve all of the T & Cs defined below. If you do not wish to accept these T & Cs, we ask that you do not subscribe to or use this service.

Any use of 1click-Commerce must be done in compliance with these T & Cs.

Article 1. DEFINITIONS

Terms beginning with a capital letter within these T & Cs, whether used interchangeably in the singular or in the plural, will have the meaning given to them below:

"User" or "You" means a natural person of full age or minor having previously obtained the authorization of their parents or the person with parental authority, and having subscribed to the 1click-Commerce service for their own needs, within the framework of for strictly professional use.

"1click-Commerce" refers to the software service edited and provided by Profileo, providing access to the management interface of an e-commerce store as well as the related functionalities. This also includes the content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that compose it, updates. update and new versions that can be made to 1click-Commerce by Profileo.

Article 2. PURPOSE AND FUNCTIONALITIES OF 1CLICK-COMMERCE

The 1click-Commerce application and / or interface aims to allow merchants to create and manage their own e-commerce store from their mobile.

Thus, 1click-Commerce allows users who have subscribed to:

• Create and configure their e-commerce store
• Build their online catalog and add products to it
• Customize the front office in the colors of their brand
• Accept online orders with payment obligation
• Offer in-store collection or home delivery of goods

This list is not exhaustive and can be modified at any time by Profileo without any liability being incurred in this regard by anyone.

Article 3. ACCESS TO 1CLICK-COMMERCE

To access and use 1click-Commerce, You must have a computer or smartphone and access to the Internet.
Access to 1click-Commerce can be done either directly from a dedicated url or from a PWA mobile application.
By its nature, access to 1click-Commerce and its use requires entering various information as well as your e-mail address.

Article 4. FINANCIAL CONDITIONS

1click-Commerce is offered at a monthly rate of € 29 excl.tax without time commitment, excluding subscription costs with the mobile telephone operator, excluding connection and access costs to the Internet network, excluding any additional costs invoiced for the loading of data and excluding subscription costs for additional services offered and provided by Profileo or other third-party companies.

Article 4.1 SPECIAL COVID-19 OFFERS

In the current economic and health context, Profileo has decided to offer the 1click-Commerce service at an exceptional rate of 10 € HT / month from 01/11/2020 to 31/12/2020.

After this period, users who have subscribed will automatically be billed at a rate of 29 € HT / month for the following months unless a request to terminate the service is made by e-mail to [email protected] before 31/12 / 2020.

Article 5. INTELLECTUAL PROPERTY OF 1CLICK-COMMERCE

All the content of the application is governed by French, Community and international legislation on copyright and intellectual property. All reproduction and representation rights relating to 1click-Commerce are reserved by Profileo, including all graphic, iconographic and photographic representations, regardless of the territory of protection and whether or not these rights have been registered. . The reproduction and / or representation of all or part of 1click-Commerce, whatever the medium, including all trade names, brands, logos, domain names and other distinctive signs, is strictly prohibited and would constitute an infringement punishable by the intellectual property code.

Without prejudice to the provisions of article 5, none of the provisions of the T & Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, or operating authorization granted directly or indirectly. by Profileo for the benefit of the User on the application, its content and / or its operation.

Article 6. USER LICENSE

Profileo grants the User a personal right to use 1click-Commerce, the Content and the Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free only for his own needs in the context of the use of 1click-Commerce and Services, to the exclusion of any other purpose.

The User is strictly prohibited from accessing and / or using the source codes of 1click-Commerce and / or software components of 1click-Commerce.

The User does not acquire any intellectual property rights over 1click-Commerce, the Content and / or the Services or any rights other than those conferred herein.

The User expressly agrees that the use of 1click-Commerce does not in any way infringe Profileo's rights, and in particular that this use does not constitute an act of counterfeiting, unfair or parasitic competition of the Content. .

Article 7. USER OBLIGATIONS

The User expressly agrees:

• to use 1click-Commerce on its equipment exclusively for professional use;
• not to permanently or temporarily reproduce 1click-Commerce, in whole or in part, by any means and in any form;
• not to use any software or processes intended to copy the Content without the prior written permission of Profileo;
• not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor to apply reverse engineering (or "Reverse Engineering") of all or part of 1click-Commerce, the Services and / or Content;
• not to export 1click-Commerce, to merge all or part of 1click-Commerce with other computer programs;
• to expressly renounce the use of software or devices likely to disrupt the proper functioning of 1click-Commerce, nor to take any action likely to impose a disproportionate burden on Profileo's infrastructures;
• not to extract or reuse, including for private purposes, without prior written authorization from Profileo, a substantial part or not of the content of the databases and archives set up by 1click-Commerce;
• not to set up systems liable to pirate 1click-Commerce and / or the Content in whole or in part, or liable to violate these T & Cs;
• to inform Profileo as soon as it becomes aware of an act of piracy and in particular of any illegal or non-contractual use of the service and / or the Content, regardless of the mode of distribution;
• not to sell, rent, sublicense or distribute in any way 1click-Commerce and / or the Content to third parties.
• do not use 1click-Commerce for illicit activities

Article 8. PROTECTION OF PERSONAL AND TECHNICAL DATA

Any personal data relating to the e-commerce store likely to be collected in the context of the use of 1click-Commerce will be processed and stored in accordance with Law No. 78-017 of 6 January 1978 relating to IT, to Files and Modified Freedoms.

Refusing to provide certain personal data relating to the creation and management of the e-commerce store may deprive you of access to certain Services.
Profileo reserves the right to use the data collected by the service provided by 1click-Commerce in order to offer solutions and services targeted to the needs of users.
In the event of communication of personal data, you have a right of direct access, rectification and opposition of the data which concern you. You can exercise it on request at [email protected]

Article 9. AVAILABILITY OF 1CLICK-COMMERCE

Profileo undertakes to use its best efforts to secure access, consultation and use of 1click-Commerce Services. 1click-Commerce is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of Profileo and subject to any breakdowns and maintenance interventions necessary for the proper functioning of 1click-Commerce . Maintenance interventions may be carried out without the Users having been previously notified.

Profileo offers no guarantee of continuity of service and cannot be held liable in the event of temporary impossibility to access all or part of 1click-Commerce. No right to compensation is granted under this paragraph. Profileo reserves the right to cease, without notice, without compensation and at its sole discretion, either definitively or provisionally, to provide all or part of the Service or the functionalities of 1click-Commerce.

Article 10. LIMITATION OF WARRANTIES

Access and use of 1click-Commerce are at the User's own risk.
1click-Commerce and the software are provided "as is" and "as available" without warranty of any kind.
It is the responsibility of each User 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 to know and accept the characteristics and limits 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 and / or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or piracy; the risks of contamination by any viruses circulating on said networks, etc. for which Profileo cannot be held responsible.

Profileo cannot be held responsible:

• in the event of a fault, loss, delay or error in data transmission which is beyond its control;
• sending messages and / or data and to a false, erroneous or incomplete address;
• if data does not reach it, for whatever reason, or if the data it receives is unreadable or impossible to process;
• in the event that the User is unable to access or use the Site, 1click-Commerce and / or the Services for any reason whatsoever;
• if, for whatever reason, the connection should be interrupted.
• non-compliance with the commitments of 1click-Commerce users to their customers

In addition, Profileo declines all responsibility in the event of improper use of the terminal and / or an incident related to the use of the terminal when using 1click-Commerce. Profileo can in no way be held responsible for any damage of any kind whatsoever caused to Users, to their terminals, to their computer and telephone equipment and to the data stored there, nor for the consequences that may result therefrom on their activity. personal, professional or commercial.

Article 11. CHANGES IN GENERAL CONDITIONS OF USE

The applicable T & Cs are those in effect on the date of connection and use of the service by the User.

Profileo reserves the right to modify, at any time, all or part, of the provisions of the T & Cs without notice or prior information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential changes or during the implementation. new benefits.

Any changes made by Profileo to the T & Cs will be brought to the attention of Users simply by posting them online. They are deemed to have been accepted without reservation by any User who accesses 1click-Commerce after said posting. Better, Profileo therefore invites all Users to regularly consult the T & Cs.

Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T & Cs, unless expressly provided otherwise.

ARTICLE 12. APPLICABLE LAW AND DISPUTES

These T & Cs are subject to French law. The attribution of jurisdiction in the event of a dispute, and in the absence of an amicable agreement between the parties, is given to the competent French courts of the city of Aix-en-Provence.

ARTICLE 13. CONTACT

You can send your questions or comments relating to these T & Cs to Profileo by writing to the following address: [email protected]