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Conditions générales de vente ICheck

 

Terms and Conditions of Sale and Use For the «ICheck» Application applicable from 28/04/2017 ARTICLE 1. LEGAL NOTICE You currently use the ICheck application, published by WORLD I CONNECTIONS VIC Ltd, an Irish company, share capital: 1,000 €, incorporation number: 593774, registered office: The Black Church Saint Mary’s Place Dublin D07 4PAX, Ireland, telephone number +35319038873, Email: consumer icheck@worldiconnections.com, Publishing Director and Managing Editor: Frédéric BILLARDELLO.

ARTICLE 2. DEFINITIONS
“Application”: “ICheck” software published by World Iconnections available for download from the Store and usable on smartphones and tablets. “Application content”: Any kind of information published on the Application, that may or may not be protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases or software. “Data”: element of any kind published by the User on the Application. “World Iconnections”: World Iconnections Ltd, in its capacity as Application Publisher. “Service”: service which can be used on the Application by Users. “Store”: platforms made namely by Apple Computer or Google, enabling publishers to make their applications available online to the public, and enabling Users to download them.
“User”: means any person or entity, private or public law, who downloads the Application from the Store.
“Business card”: Electronic Business Card created through the Application by the User or imported on the Application by the User.

ARTICLE 3. SCOPE OF APPLICATION
All Users have free access to the Application.
Accessing the Application implies acceptance by the User of these terms and conditions. During the creation
of the personal space, in accordance with Article 4.2 below, this acceptance will be confirmed by ticking the box for the following sentence: “I have read the terms and conditions of sale and use”. By doing so, the User
acknowledges to have read, understood and accepted them without restriction. Ticking the above box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the automatic records of World Iconnections as evidence and, unless he/she brings evidence to the contrary, the User shall not contest these records in the event of a dispute.
These terms and conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the User.
The acceptance of these terms and conditions entails that Users enjoy the legal capacity to do so, or if this is not the case, they should have the permission from a guardian or trustee if they are not capable, their legal representative if they are minors, or they hold a procuration if they are acting on behalf of a corporation.

ARTICLE 4. DESCRIPTION OF SERVICES
4.1. Purpose of the Application
The Application allows Users to create, edit, download, view and/or exchange Business Cards with other Users.
4.2. Downloading and installing the Application
Users can obtain the Application from the Store. They must connect to the Store and then click the button
provided for this purpose. The order process on the Store is governed by the terms and conditions of the Store publisher.
4.3. Login to the Application
4.3.1.Creating the personal space
Creating a personal space is a prerequisite for any connection to the Application. To this end, the User will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal area. Refusal by a User to provide such information will preclude the creation of a personal area and, in turn, connection to the Application.
During the creation of the personal space, the User is prompted to generate a personalised password. The User
has the possibility to change their password at any time. This password is the guarantee of confidentiality of information contained in the personal space. The User should therefore refrain from sending it or disclosing it to a third party. The Application is designed to encrypt Data using an AES-256 algorithm; it is nevertheless incumbent on the User to prevent access to their Application by unauthorised parties. Otherwise, World
Iconnections will not be held responsible for unauthorised access to a User’s personal space and/or Data.
The User agrees to regularly check his/her personal information, and go online in his/her personal area to carry out necessary updates and changes.
4.3.2.Deleting the personal space
World Iconnections reserves the right to delete the account of any User who violates these terms and conditions, especially when it is brought to the attention of World Iconnections that the User has provided inaccurate, incomplete, misleading or fraudulent information, and when the personal space of a User remains inactive for at least a year. Said deletion would not be deemed the fault of World Iconnections or entail damage to the excluded User, who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for World Iconnections to initiate judicial proceedings against the User, where justified.
4.4. Data Publication
Users have the ability to publish Data on the Application to create and/or edit Business Cards, manage their profile and manage collected Business Cards. Users agree to use the tools placed at their disposal. World Iconnections can at any time moderate Data published by Users, and reserves the right to remove them
in case of violation of these terms.

ARTICLE 5. USER OBLIGATIONS
5.1. Conduct Guidelines
The User shall agree to use the information on the Application for his/her own needs and exclusively for the purposes referred to in these terms.
In particular, the User undertakes not to publish Data likely to:
– undermine, or have comments that are inconsistent with public order, morality, or that could offend minors;
– encourage the consumption of illegal substances;
– undermine in any way whatsoever the rights to reputation and privacy, or the rights or image of a third party;
– denigrate, defame or jeopardise the image or reputation of a brand or any person or entity in any manner whatsoever;
– have pornographic or paedophilic content;
– undermine the security or integrity of a country or territory;
– allow third parties to obtain pirated software, software serial numbers or any software that may harm or affect, in any manner whatsoever, the rights or property of third parties;
– undermine the intellectual property rights of any person whatsoever;
– incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, promote war crimes or crimes against humanity;
– incite others to commit an offense, crime or an act of terrorism;
– incite discrimination against an individual or group of individuals because of their ethnicity, religion, race,
sexual orientation or disability;
– recommend a questionable or fraudulent practice.
Any illegal or general unauthorised use of the Application brought to the attention of World Iconnections will result in the immediate deletion of the User’s account, without prejudice to the ability of World Iconnections to take legal action, including claims for damages.
5.2. User Statements
The User ensures that he/she has read, prior to the signing hereof, the technical characteristics of the Application.
Consequently, the User acknowledges that his/her needs are in line with the Services offered by World Iconnections; he/she is aware of the content and conditions of implementation of said Services and has knowingly subscribed to the services provided by World Iconnections having all of the information needed to
give his/her free and informed consent.
5.3. Using the Application
All activities of processing, transmission, publication, distribution or representation of the Application by the User are carried out under his/her sole responsibility. In particular, the User undertakes to process, distribute, download, or transmit through the Application only information or Data that does not violate any intellectual or industrial property rights or any other proprietary right, or that does not constitute a criminal offence.
The User also undertakes not to interfere with or disrupt the Application and to comply with any requirements,
procedures and general rules provided by World Iconnections as necessary for the successful implementation of the Application.
Accordingly, the User ensures World Iconnections against any damage that may be caused to it due to his/her
use of the Application – including any legal fees and costs for proceedings – and shall agree to act on any legal
proceedings brought due to his/her use of the Application.

ARTICLE 6. PRICE – PAYMENT
6.1. Price
The applicable prices are those displayed on the Store on the day of the order. These prices can be changed at any time by the Store. The prices displayed are only valid on the date of the order and do not count for the future.
The prices listed on the Store are in the country’s currency for downloading the Application, including all taxes.
6.2. Payment terms
The Application’s payment terms are those of the Store; the User must comply with the general conditions of the Store for payment and download of the Application.

ARTICLE 7. CUSTOMER SERVICE
The Application customer service is available from the Monday to Friday from 8 am to 12 am and from 2 pm to 5 pm through the following non-premium telephone number: +35319038873, by email or by post to the address specified in section 1 of these terms and conditions. In the latter two cases, World Iconnections is committed to respond within 10 working days.

ARTICLE 8. COMPUTING AND FREEDOMS
8.1. CNIL declaration – Processing Manager
The World Iconnections file containing Users’ personal data has been declared to the CNIL recorded under the
number 2059628 v 0
8.2. Optional data provision
Users have the free option of providing personal information about themselves. Providing personal information
is not essential to browse the Application.
8.3. Mandatory data provision for registration
However, registration on this Application involves the collection by World Iconnections of a certain amount of
personal information about Users. Users who do not wish to provide the information necessary for registration
will not be able to place an order on this Application.
8.4. Respecting the purpose for personal data collection
Personal data collected shall be processed by computer and is exclusively reserved for World Iconnections.
Data collected is necessary for the proper administration of the Application, as well as for World Iconnections
to comply with its contractual obligations. This data is stored by World Iconnections only for this purpose.
World Iconnections agrees not to use it in another context or to send it to third parties, without the express
consent of Users or as provided by law. Personal data collected shall not be transferred to the United States.
8.5. Right of access, rectification and objection
The information of all Users registered on this Application is saved for a reasonable period necessary for the proper administration of the Application and normal use of data. This data shall be kept under secure conditions, in accordance with current methods and respecting the provisions of the French Data Protection
Act of 6 January 1978.
According to the latter, Users have the right to oppose, query, access and rectify the data they have provided.
For this, they need only make a request to World Iconnections, sending it to the following email address : consumer-icheck@worldiconnections.com or by mail to the headquarters of World Iconnections mentioned in Article 1 of these terms and conditions.

 

ARTICLE 9. LIABILITY OF WORLD ICONNECTIONS
9.1. Nature of the obligations of World Iconnections
World Iconnections is committed to providing the care and diligence necessary for the provision of quality
Services that meet the specifications of these terms. World Iconnections only responds to an obligation of
means regarding the purpose of these Services.
Notwithstanding the provisions of section 4.4.2, the User is solely responsible for the publication of their Data through the Application. World Iconnections holds no ex ante control that enables it to control the Data content. As such, World Iconnections is the sole host of Data pursuant to Article 6 of the Law on Confidence in the Digital Economy.
9.2. Force majeure – Failure by the User
World Iconnections shall not be held liable in the event of force majeure or failure by the User, as set out in this article:
9.2.1.Force majeure
Within the meaning of these terms and conditions, a case of force majeure opposable to the User will be considered as the following: any impediment, limitation or disruption of Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure due to the ISP, failure of transmission networks, collapse
of facilities, illicit or fraudulent use of passwords, codes or references provided to the User, hacking, a security
vulnerability due to the hosting of the Application or due to developers, flood, power failure, war, embargo,
law, injunction, demand or requirement of any Government requisition, strike, boycott, or other circumstances
beyond the reasonable control of World Iconnections. In such circumstances, World Iconnections shall be
relieved of performing their obligations within the limits of this impediment, limitation or inconvenience.
9.2.2.User failure
For the purposes of these Terms the following shall be deemed a fault of the User: misuse of the Service, fault,
negligence, omission or failure on his/her part or that of its employees, failure to comply with advice given
by World Iconnections about the Application, any unauthorised disclosure or use of password, codes and
references of the User, as well as the misinformation or lack of update such information in his/her personal
space. Fault of the User will also be considered as use of any technical process, such as robots or automated
queries whose implementation would violate these terms and conditions to the letter or the spirit thereof.
9.3. Technical problems – Hypertext links
Where it is not possible to access the Application due to technical problems of any kind, the User shall not
be able to claim any damages or compensation. Unavailability of one or more online services – including
extended unavailability with no time limitation – shall not constitute prejudice to the User and may not give
rise to the payment of damages by World Iconnections.
The hypertext links on the Application may link to other Internet Applications. World Iconnections cannot be
held liable if the content of these Applications contravenes legislation. Similarly, World Iconnections cannot
be held liable if the User’s visit to one of these Applications causes him/her prejudice.
9.4. Damages payable by World Iconnections
In the absence of contrary legal or regulatory provisions, the liability of World Iconnections shall be limited to
direct, personal and definite harm incurred by the user in relation to the failure in question. World Iconnections
shall in no case be held liable for indirect damages such as, loss of data, commercial loss, loss of orders,
damage to brand image, business problems or loss of profits or clients. Similarly, and within the same limits,
the amount of damages to be borne by World Iconnections will in any event not exceed the price of the
Application.
9.5. Hypertext links and content of the Application
The content of the Application is for information only, without any guarantee of accuracy. World Iconnections
cannot be held responsible for the omission, misstatement of fact or any error contained in this information
and which would make it responsible for direct or indirect damage caused to the Internet user.
9.6. Liability as host
The Data published on the Application by the User under his/her own responsibility.
In this context, World Iconnections has the status of a data host pursuant to Article 6-I-2 of the Law on
Confidence in the Digital Economy of 21 June 2004. Complying with paragraph 3 of the same article, World
Iconnections will not be held civilly or criminally liable for this Data, unless, as soon as it became aware of the
activity or illicit information it did not act promptly to remove this information or make access impossible.

ARTICLE 10. INTELLECTUAL PROPERTY
10.1. Intellectual property on the Application
World Iconnections invites the User to download the Application from the Store. It is free to download the
Application. In this context, World Iconnections grants the User a non-exclusive end-user license for the
Application. The license is granted for the entire world and for all languages. The license only covers the right
to reproduce the Application for the sole purpose of downloading the Application and its execution, as well as
the right to use the Application, excluding:
• any reproduction for the purpose of marketing, circulation, redistribution, distribution, publication of the
Application or installation of the Application on a machine other than those belonging to the User;
• any representation, even partial, of the Application, including through online communications to the public
or public projections;
• any translation, adaptation, arrangement or modification of the Application, and any export or merger of the
latter with other computer applications.
• any compilation, decompilation, disassembly, translation, analysis, engineering reserve relating to the
Application.
The rights to use the Application are personal and not transferable. The rights granted to the User are exclusively
for a single User, for their own purposes, to the exclusion of any form of provision to others, even to a
subsidiary company or a member of a de facto or legal group. The User may not transfer all or part of the rights
and obligations under this contract, even as part of the material existence of rights covered by this license.
10.2. Intellectual property on the Application Content
10.2.1. Legal protection of the Application Content
The Application Content may be protected by copyright, database law, and patent law. Any representation,
reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the
consent of World Iconnections or its successors or assignees is a violation of Books I and III of the Code of
intellectual property and will likely give rise to prosecution for infringement.
10.2.2. Contractual protection of the Application Content
The User contractually agrees towards World Iconnections not to use, reproduce or represent in any way the
content of the Application, whether or not protected by intellectual property rights, for a purpose other than
their reading by a robot or a browser.
10.3. Intellectual property on Data
The User assigns to World Iconnections – on a free and non-exclusive basis – all rights to use the Data.
10.3.1. Duration of assignment
The assignment is granted by the User to World Iconnections whenever Data is transferred in the context of
using the Application. The transmission will consequently result in submission of the Application pursuant to
this assignment.
The assignment is granted by the User to World Iconnections for the duration of the literary and artistic
property. The duration of the literary and artistic property refers to the period stipulated by the Code of
intellectual property and foreign laws and any extensions of this duration by an international convention, a
European directive, or a French or foreign law.
10.3.2. Geographical scope of the assignment
This assignment is granted for the entire world, for all languages, and for all operating modes specified in these
terms and conditions.
10.3.3. Rights transferred
· Destination of Data
The Data is intended for civil and commercial exploitation.
· Transfer of the reproduction right
The transfer of the reproduction right includes:
– the right to reproduce the Data for all electronic and mechanical processes known or unknown to date,
including optical, magnetic and digital, with the aim of publicly communicating it online;
– the right to modify, compress or decompress the Data for its storage, transfer, dissemination or any
other use;
– the right to include the Data in a database;
– the right to reproduce extracts of the Data.
· Transfer of the right of representation
The transfer of the right of representation includes:
– the right of public communication of the Data, in whole or in part, worldwide, by any data transmission
network, including by interactive or non-interactive digital services and networks, internet, web Applications,
telecommunications networks, satellite networks and mobile phone networks;
– the right to use the Data, in whole or in part, by any network, including telecommunications or cable,
for all interactive processes inherent to this operating mode;
– the right to publish extracts of the Data.
· Transfer of the right of adaptation
The transfer of the right of adaptation includes:
– the right to correct, improve and modify the Data in whole or part;
– the right to make any changes necessary for the exercise of the rights assigned;
– the right to dissociate the Data or a part of its entirety, in order to exploit the Data;
– the right to associate the Data together with other Data in one file;
– the right to convert the Data into another computer language.
The User acknowledges that the adaptations of the Data produced by World Iconnections for the rights
transferred to it, are the exclusive property of World Iconnections.
10.3.4. Moral rights
As part of the use or exploitation of the Data, World Iconnections may use the term of its choice to describe
the Data.
10.3.5. Guarantees
The User guarantees to World Iconnections he is the only author of the Data, and as such he is the sole
owner of all intellectual property rights relating to the Data, and that no third party shall be entitled to claim
authorship or co-authorship of any of the said Data. The User agrees to respect the image rights of the persons
depicted in the Data and the intellectual property rights of third parties, including copyrights, rights to designs,
and patent and trademark rights.
The User guarantees to World Iconnections the peaceful enjoyment of the rights granted under these terms
and conditions. The User safeguards World Iconnections against any action, claim, demand or conflict from
any person claiming an intellectual property right or an act of unfair and/or parasitic competition, due to the
Data.
10.3.6. Data Reproduction and Protection
The User is informed of the possibility of World Iconnections using technical measures to protect the physical
media and digital files which reproduce the Data, with the purpose of preventing or limiting unauthorised
use thereof. World Iconnections shall be entitled to use, in the context of the Data’s exploitation, information
in electronic form to identify it and to inform third parties about the terms and conditions authorised for
its use. The User may, upon written request, obtain from World Iconnections information concerning the
essential characteristics of the technical protection measures and information referred to above which World
Iconnections would indeed use to ensure the exploitation of the Data.

ARTICLE 11. GENERAL PROVISIONS
11.1. Applicable law
These terms and conditions are subject to the application of French law.
11.2. Amendment of these terms and conditions
These terms and conditions may be modified by World Iconnections at any time. The general conditions
applicable to the Client shall be those in force on the date of his/her order or his/her logging in to this Application,
and any new connection to the personal area implies acceptance of any new terms and conditions.
11.3. Litigation
Under Ordinance No. 2015-1033 of 20 August 2015 all disputes that may arise in the context of the execution
of these general conditions and the solution will be found prior amicably between the parties and must be
submitted to MEDIACONF: www.mediaconf.fr.
Any dispute concerning or in relation to this Agreement shall be settled by arbitration in accordance with
Regulation of the Digital Institute of Arbitration and Mediation (www.fast-arbitre.com).
11.4. Entirety
The invalidity of any clause of this agreement shall not invalidate the remaining agreement clauses, or the
agreement as a whole, which shall retain its full force and scope. In such a case, the parties shall, as far as
possible, replace the invalid provision with a valid provision that corresponds to the spirit and purpose of these
terms.
11.5. Non-waiver
Lack of exercise by World Iconnections of rights herein acknowledged shall in no case be construed as a
waiver of those rights.
11.6. Languages of these terms and conditions
These general terms and conditions are drafted in French for French-speaking countries, and English for all
other countries worldwide. In the event of conflict between the French version of these terms and a version in
another language, the French version prevails.
11.7. Unfair terms
The stipulations of these general terms and conditions apply subject to compliance with the mandatory
provisions of the Code of consumption on unfair terms in contracts concluded between a professional and a
consumer.