Reference language notice: This English translation is provided for convenience only. In case of discrepancy, inconsistency, or interpretation differences, the French version shall prevail.
These general conditions of sale (hereinafter the “CGV”) govern the relations between the company LEZO EURL with capital of 100 euros, registered in the RCS of Nantes under the number 921 329 025, having its head office located at 21 boulevard Auguste Pageot, 44000 Nantes, whose intra-community VAT number is FR 23 921329025, represented herein by Mr. Simon Boisset, in its capacity as Manager (hereinafter referred to as “LEZO”) and clients having the status of professionals (hereinafter the “Clients”, as defined below) as part of the subscription to the services (the “Services”) offered on the Application “Questovery”, accessible on the Web at the address www.questovery.com and on iOS and Android (respectively the “Web Application” and the “Mobile Application”, and together the “Application”).
The Application allows you to create your own treasure hunt (the “Quests”).
It is specified that the Application Services provided to users of the Application (the “Users”, as defined below), are accessible only on the Mobile Application.
LEZO and the Client are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
1.1 The purpose of these CGV is to determine the conditions under which LEZO grants the Client and its Users the non-transferable, non-exclusive and personal right to access the Application and use the Services as defined herein.
It is understood that Users are natural persons, servants, agents or representatives of the Client or an affiliated company within the meaning of article L.233-3 of the Commercial Code, or third parties.
1.2 These CGV are reserved and only applicable to professionals, excluding individuals. The Customer thus undertakes to exclusively make purchases directly related to his professional activity. As Customers are professionals, consumer law does not apply to these CGV.
The Customer declares before any subscription to have read these CGV and declares to accept them.
The Customer undertakes to respect all of the obligations incumbent on him under these CGV.
Unless otherwise specified in writing by LEZO, subscribing to the Services from LEZO implies the Customer's full and unreserved acceptance of these terms and the express exclusion of any other prior conditions or conditions such as the general conditions of purchase possibly established by the Customer or any document emanating from him.
In any event, in the event of a contradiction between these CGV and any general conditions of purchase or any other general or specific conditions of the Customer, these will prevail.
1.3 The CGV are made available to the Customer on the Web Application, where they can be directly consulted. They can also be communicated upon request sent by telephone, e-mail or postal mail.
1.4 By subscribing to the Services, the Customer acknowledges having read and accepted these CGV. In addition, by subscribing to the Services, under these CGV, the Client certifies having the status of professional.
1.5 Validation of the subscription to the Services by its confirmation constitutes acceptance by the Customer of the CGV in force on the day of subscription.
LEZO reserves the right to modify its CGV at any time. In the event of modification of CGV, the Customer has the option of terminating his Subscription in accordance with the terms of articles 5 and 16 hereof.
1.6 If part of the CGV were to prove illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question would be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.
1.7 The fact that LEZO does not avail itself at a given time of any of the stipulations of these CGV cannot be interpreted as a waiver of the right to avail itself of it at a later date.
2.1 LEZO makes available to Customers a set of Services accessible on the Internet in Saas mode only and directly on the Application.
The use of the Services and the Mobile Application by Users is subject to the terms of the General Conditions of Use Questovery, accessible through the Application (the “CGU”).
LEZO may modify and develop the Services and modify its CGU. The Customer must in all circumstances comply with the applicable CGU in order to benefit from the Services.
The Client also guarantees and guarantees compliance by its Users with all the conditions of use of the Application as defined in the CGU in force. He is responsible for their respect for LEZO.
2.2 Subscriptions
The different Services and subscription conditions (the “Subscriptions”) are defined on the Web Application.
The durations and price scales of the Subscriptions offered are defined on the Web Application, and are renewable by tacit agreement.
The Subscription will be automatically renewed for an identical period without termination by the Customer before the anniversary date of the Subscription by registered letter with acknowledgment of receipt or via the Application settings provided for this purpose.
2.3 Conditions of registration and access to the Services
2.3.1 The Customer is solely responsible for the proper functioning of his computer equipment and his access to the application. He is solely responsible towards LEZO for the maintenance of his computer system which allows a reliable connection with the Services. All costs incurred by the Client for access by the latter to the Application and use of the Services, and in particular connection costs and costs of acquiring or renewing computer equipment, are the exclusive responsibility of the Client.
LEZO cannot be held liable in the event of damage to the Client's or its Users' computer equipment by malicious software, or in the event of interruption or failure of the Client's or its Users' Internet connection.
2.3.2 In addition to acceptance of these and CGU, access to the application and use of the Services is subject to the creation of a Customer account using the form provided for this purpose, and in particular:
The Customer will communicate to LEZO all information requested by LEZO for the purpose of creating and administering the account.
The Client undertakes to:
LEZO reserves the right to update at any time the list of information required to be provided for the creation and maintenance of the Customer's account.
2.3.3 As part of the creation and use of User access, the Client is responsible for the use of the Application and Services by its Users.
The Client grants authorizations and usage rights to its Users whom it has invited to connect to the Application.
In order to provide access to the Services to Users, a QR code is generated and provided to the Client, the latter being responsible for providing it to its Users. These QR codes allow Users to access the Services of the Mobile Application.
The Client guarantees in any case to hold all the rights and/or authorization necessary to administer the creation and management of its Users' access.
LEZO reserves the right to update at any time the list of information required to be provided for the creation and maintenance of User accounts and access.
2.3.4 The list of information required to register and access the Application and the Services is defined in accordance with the terms and conditions set out in the LEZO Privacy Policy, said list being subject to modification by LEZO to ensure the best functioning of the Application.
If Customer provides information that is untrue, inappropriate, outdated or incomplete, or if LEZO has reasonable grounds to suspect that such information is untrue, inappropriate, outdated or incomplete, LEZO reserves the right to terminate Customer's account and/or access to the Web Application to any User and to refuse any and all current or future use of the Services by Customer and its Users.
It is the Customer's responsibility to ensure that their personal data used to create their account, and where applicable User access, is accurate and complete and to select a strong and secure password.
Not having the means to verify either the identity or the quality of Clients and Users, LEZO cannot be held responsible for identity theft in the event of registration or fraudulent use. In any case, any person who notices the theft of their identity when connecting must immediately contact LEZO at the following address: [email protected], in order to allow LEZO to carry out the relevant investigations and actions.
Access to the Customer's personal space or to the Mobile Application by a User is strictly personal and non-transferable. As such, any use of the Customer's identifier and password on the Application constitutes a presumption of connection to the Application. The Customer is therefore solely responsible for the use of his identifiers and passwords and for access to the Mobile Application by his Users, for information that may be transmitted by the application as well as for any use of one of the Application Services.
The Client alone will ensure confidentiality. Their username and password must under no circumstances be shared or communicated to third parties. Under no circumstances can LEZO be held responsible for the loss of a username and/or password.
If the confidentiality of a password or a QR code or any element allowing access to the Application and the Services is compromised, the Customer undertakes to inform LEZO as soon as possible so that a new password, QR code, or any other necessary element if applicable can be issued. It is specified that the Customer has the option of resetting his password at any time via the Application; the Customer then receiving an email for the reset to the address they communicated with a link or single-use code.
The Customer remains responsible for the use of his personal account and the access of his Users until he has informed LEZO of the risk of compromising confidentiality. The Customer will be responsible for any use of his account and the access of his Users unless he reports misuse or identity theft in the forms indicated above.
2.4 Additional Services and modification or deletion of Services
The Application and Services are subject to change.
LEZO may be required to offer additional services or new features linked to the Services. These may, where applicable, be subject to additional, distinct or supplementary terms and conditions.
LEZO reserves the right to modify or delete, at any time, without notice and at its sole discretion, all or part of the Services offered on the Application.
3.1 Confirmation of subscription entails full and complete acceptance of these CGV according to the terms hereof and forms a contract between LEZO and the Customer (the “Contract”).
The prices of the Services subscribed to are those in effect on the day of their subscription. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and/or any other tax and/or fees applicable on the date of acceptance of the subscription.
LEZO grants itself the right to modify its prices at any time subject to informing the Customer within at least 30 days. Unless expressly refused by the Customer, the modifications will be deemed accepted by the Customer and will come into force on the day of renewal of the Subscription.
Prices may be modified in the event of a legislative and/or regulatory change likely to result in price variations such as: modification of the applicable VAT rate, introduction of new taxes, modification of an existing tax, etc.
The proposed prices include discounts and rebates that LEZO would be required to grant.
3.2 Subscriptions are invoiced at the end of each month. The price of the Subscription invoiced at the end of each month is calculated according to the number of teams created or any other terms defined on the Web Application.
In order to validate their subscription to the Subscription, the Customer is redirected to the portal of the LEZO payment provider. The Customer has the possibility to modify his order and correct any errors before making payment.
Invoices for LEZO are payable, without discount, on the day the invoice is issued. Payment and direct debit methods are organized and implemented via the platform of the payment provider designated by LEZO. Payments may alternatively be made via bank transfer or any other means upon agreement of the Parties.
The terms of service of the payment provider of LEZO are accessible under this link: https://TK1/fr/docs/terms.
It is understood that the terms of use of the Payment Application of the service provider designated by LEZO are issued by said service provider and that LEZO has no control over them. The conditions of use of the Application and the provider's services are subject to changes and modifications beyond the control of LEZO, and the Customer is solely responsible for his use of this payment platform.
LEZO invoices are drawn up in Euros.
The Customer must pay the total amount of each invoice, all taxes mentioned therein, without being able to make any compensation with sums due or claimed to be due from LEZO. Payment conditions are defined by LEZO and are subject to change.
The Customer agrees to pay all taxes, government fees, transfer fees and exchange fees applicable to all payments made.
The Customer undertakes to honor all invoices upon receipt of invoice and without deduction. Late payment penalties equal to three times the French legal interest rate are automatically due the day following the payment date mentioned on the invoice without a reminder being necessary. This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
Any late payment results in the payment of a fixed compensation for recovery costs of forty (40) euros. If the recovery costs are higher than this fixed amount, additional compensation will be due upon presentation of supporting documents. In the event of non-payment, LEZO reserves the right to suspend access to all or part of the Application, in whole or in part, and/or to terminate the contractual relations between LEZO and the Client as of right and without further formality.
If an invoice is disputed, payment of the disputed invoice remains due. If the dispute is accepted, a credit note will be sent to the Customer as soon as possible.
Any failure to pay will result in automatic termination of this agreement.
The Client also accepts the following:
5.1 Duration
The Contract between the Parties subject to the terms and conditions hereof takes effect on the date on which the Customer registers for the use of the Application, for the duration of the Subscription purchased, and will be renewable by tacit agreement for identical periods.
The subscription to the Services will be automatically renewed under the conditions defined above unless notified of termination of the Subscription by the Customer under the terms of Article 2.2.
5.2 Withdrawal
The Customer being a professional purchasing within the framework and for the needs of his main and usual professional activity, there is no reason to apply a right of withdrawal.
As a reminder, if the contract is concluded off-premises, it does not fall within the main field of activity of the Client, and the latter does not employ more than five (5) employees, the Client has a withdrawal period of fourteen (14) days from the date of conclusion of the Contract, which he can exercise by sending to LEZO an unambiguous letter acknowledging receipt, the postmark being proof.
5.3 Termination
5.3.1 Termination in the event of violation of the Contract
5.3.1.1 Termination method
In the event of failure by either Party to fulfill one or other of its obligations, the Contract may be terminated for the fault of the defaulting Party by the other Party.
Thus, in the event that one Party gives the other a notice of termination, by registered letter with acknowledgment of receipt, for non-compliance with one of the obligations imposed on it under this Contract, (i) if it is not possible to remedy the violation, the Contract will be immediately terminated upon written notification from the non-defaulting Party, to the fault and grievance of the defaulting Party, (ii) if the violation can be remedied, the Party defaulting party will have a period of 30 days from the date of first presentation of this formal notice, to definitively put an end to the violation or failure. In this second case, if this violation or failure is not definitively put to an end within this period and the formal notice remains unsuccessful, the Contract may be terminated automatically, to the faults and grievances of the defaulting Party, and this by the non-defaulting Party.
Termination is carried out without prejudice to any damages to which the Party notifying the termination may claim as a result of this breach by the defaulting Party and any recourse relating to the breach(es) noted.
The exercise of this right of termination does not exempt the defaulting Party from fulfilling the obligations contracted until the termination takes effect, without prejudice to any recourse available to the other Party.
5.3.1.2 Consequences of termination
All amounts owed by the Customer to LEZO for use of the Application and Services will become immediately due. The total amount of sums owed by the Customer for the current Subscription period upon termination remains due. No refunds will be due for any reason whatsoever.
In the event of termination of the Contract, the Subscription will be automatically terminated.
It is further understood that unless otherwise agreed, Customer Data (as defined below) will be deleted within 30 days. In any case, the Customer has the possibility of processing all of his Customer Data according to the terms defined in the Application.
5.3.2 Termination of the Subscription
5.3.2.1 Termination due to LEZO
LEZO will have the right to terminate the Subscription purchased with immediate effect at its discretion and at any time, by simple notification, temporarily or permanently by deleting the Customer's account. The sums paid for the Services used for the remaining period will be reimbursed to the Client in proportion to the sums paid.
LEZO may also terminate the Subscription at the end of the Subscribed Subscription period, by simple notification made at least 10 days before the Subscription renewal date, temporarily or permanently by deleting the Customer's account and/or its Users.
It is also understood that in the event of non-payment of all amounts due for the Subscription via the platform of the LEZO payment provider, the Subscription is automatically terminated.
5.3.2.2 Termination by the Customer
The Customer may notify their desire to terminate their Subscription for any reason whatsoever by registered letter with acknowledgment of receipt, or directly on the Application, or by any other means defined and communicated by LEZO. Termination will end at the end of the Subscription period purchased, without renewal.
It is specified that in the event of termination during the Subscription period, the Client will no longer have access to the Services related to the creation and administration of Quests and access to the Mobile Application by its Users, it being specified that the Client will be invoiced at the end of said Subscription period for the Services used until the date of notification of termination.
5.3.2.3 Consequences of termination
Subject to the terms of article 5.3.2.1 §1, all sums owed by the Customer to LEZO for the use of the Services until the effective date of the end of the Subscription will become immediately due, and more generally all invoices due to LEZO and not yet paid. No refund for Services provided will be due for any reason whatsoever.
No compensation, compensation or damages of any nature whatsoever will be owed by any Party to the other Party.
In the event of expiration or termination of the Contract, the Subscription taken out by the Customer will be automatically terminated.
It is further understood that unless otherwise agreed, Customer Data, where applicable, will be deleted within 30 days. In any case, the Customer has the possibility of processing all of his Customer Data according to the terms defined in the Application.
The Application is in principle accessible 24 hours a day, 7 days a week, except for interruptions, scheduled or not, for maintenance needs or force majeure.
LEZO undertakes to correct as soon as possible bugs and repetitive defects in the Application which have been reported to it by the Customer.
As far as possible, LEZO will inform the Customer in advance of the performance of maintenance operations or updates.
LEZO will make its best efforts to ensure that the Application is continuously accessible.
Thus, in the event of a service interruption and whatever the cause, LEZO will make its best efforts to ensure that the Application is put back into service as soon as possible.
LEZO undertakes to regularly develop the Application, so that it remains permanently compliant with the state of the art and customer expectations.
LEZO undertakes to take all measures in accordance with the rules of the art to guarantee the IT security of its Services and the Application, in particular against the risks of intrusion or viruses.
LEZO reserves the right to interrupt the operation of the Services or prohibit access to the Services or the Application when the security of the Application is threatened (security breach detected, intrusion, data corruption, virus, malware).
LEZO may also carry out planned shutdowns of Services, in part or in whole, in particular to carry out maintenance or update work on the Application. These shutdowns and maintenance work will be carried out as far as possible during periods of low activity. LEZO will in this case use its best efforts, where possible, to notify the Customer in advance of any planned shutdown of the Services.
LEZO undertakes to restore access to the Services and the Application as quickly as possible.
The Customer already waives any claim for liability from LEZO for the operation and exploitation of the Application and Services.
It is understood that LEZO is bound by an obligation of means. LEZO will not be liable for direct or indirect damage suffered by the Customer resulting in particular from unavailability of the Application, in whole or in part.
Likewise, LEZO cannot be held responsible in the event of a malfunction, inability to access, or poor conditions of use of the Application attributable to unsuitable hardware or equipment of the Client, to disturbances attributable to the Client's access provider, to congestion on the Internet network, and/or for any other reason unrelated or external to LEZO.
No credit, refund or credit in any form will be issued in the event of a termination under this section.
7.1 User license
LEZO grants the Client a personal, non-transferable, non-exclusive and non-sublicensable license, authorizing the Client to access and use the Application exclusively within the framework of the use of the Services by the latter and its Users under the terms and conditions herein. The license to use the Application is granted for the exclusive needs of the Client, who is prohibited from allowing any third party to access and use the Application.
These documents do not confer on the Client any intellectual property rights over the Application, and it is recalled that LEZO is and remains the sole owner of the intellectual property rights over the Application.
It is understood that LEZO may use open source code for certain parts of the code. LEZO does not hold any ownership rights for this open source code and makes no warranty, express or implied, regarding said open source code.
Subject to the foregoing, LEZO is the holder of all necessary rights relating to the Application, as well as all interfaces and applications developed and/or operated by LEZO to access the Services, available and future, on all present and future operating systems and platforms, as well as all elements relating to all current or future trademarks of LEZO, including all present and future registrations, logos, designs, images, photographs, illustrations and all other elements and rights associates.
Nothing contained herein or in CGU shall give the Client or its Users the right to use the name of LEZO, nor the trademarks, logos, domain names and other distinctive attributes of the LEZO brand. LEZO owns all right, title and interest in the Services and/or LEZO.
LEZO exclusively holds all rights relating to the content and data (other than Customer Data) included or accessible on and/or through the Application, in particular any text, graphic, logo, name, brand, designation, tab, functionality, image, sound, data, photograph, graphic, and any other hardware or software.
These materials must not under any circumstances be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any way, without the express written consent of LEZO. The Customer agrees not to use or exploit these elements for purposes other than those referred to herein and in CGU. In addition, except for mandatory legal provisions, the Customer is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the Application (in whole or in part).
Finally, LEZO may use free software, and make it available to the Client and its Users in compliance with the licenses that govern them. The Client and its Users may reuse this software subject to respecting these same conditions.
The Client is responsible for the respect of these terms by its Users.
Subject to the terms of article 7.2 concerning any open source code which may be used, LEZO declares to be the owner of all intellectual property rights relating to the Application with a view to concluding the Contract.
LEZO guarantees in particular:
As such, LEZO guarantees the Client against any action, complaint, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition, which the execution of these presents would have infringed.
For his part, the Customer undertakes to immediately notify LEZO of any infringement of the Application of which he becomes aware, LEZO then being free to take the measures it deems appropriate.
“Customer Data” means information, documents, exchanges and any other information communicated or processed by the Customer and/or Users on or via the Application, including in particular all data and elements indicated or inserted in the context of the creation and administration of Quests.
LEZO undertakes to take all measures in accordance with the rules of the art to guarantee the integrity of Customer Data.
The Customer remains solely responsible for safeguarding his Customer Data.
The Customer is the sole owner of the rights to his Customer Data processed within the framework of the Services.
The Client grants, as necessary, to LEZO and its subcontractors, a non-exclusive and worldwide, free and non-transferable license allowing it to host, cache, copy and display said Client Data for the sole purpose of performing the Services and exclusively in association with or on the occasion of these.
This license will automatically terminate upon termination of contractual relations between the Parties, unless there is a need to continue hosting Customer Data and processing it.
The Client declares and guarantees that he has all the necessary authorizations to use his Client Data within the framework of the Services and that he can freely grant a license under the terms referred to above to LEZO and its subcontractors.
The Customer further declares and guarantees that by using its Customer Data as part of the Services, it does not exceed any rights that may have been granted to it in all or part of its Customer Data and that it does not infringe the rights of third parties.
The Client undertakes to compensate LEZO for all financial consequences that LEZO may be required to bear due to a breach by the Client with regard to the above-mentioned guarantees concerning its Client Data.
The Client will ensure not to place, when using the Services, any Client Data which would require LEZO to comply with specific laws or regulations other than those expressly provided for herein.
Access to Customer Data is reserved solely for the Customer and its Users.
However, for purposes related to the Services only, LEZO may also access them. The duration of data retention by LEZO may not exceed the legal retention period.
The Customer is informed and accepts that LEZO may access his Customer Data and transmit them upon request from an administrative or judicial authority authorized to access Customer Data, in compliance with applicable regulations.
Unless said requisition prevents it, LEZO will ensure that it informs the Client without delay of the existence of the requisition and the Client Data which has been transmitted.
The Customer is solely responsible for the creation, selection, design, use of Customer Data by Users in the context of the Services. It is also solely responsible for the collection and processing of Personal Data by Users in accordance with the regulations applicable to the protection of personal data. It is the sole responsibility of the Client and under his sole responsibility to comply with the applicable legislative and regulatory provisions, and in particular the regulations applicable to the protection of personal data, and to obtain any prior authorizations.
The Client acknowledges that LEZO has no control over the transfer of Client Data via public telecommunications networks used by the Client and Users to access the Services and in particular the Internet network. The Customer acknowledges and accepts that LEZO cannot guarantee the confidentiality of Customer Data when transferring it to said public networks.
Consequently, LEZO cannot under any circumstances be held liable in the event, in particular, of misappropriation, capture, corruption of Customer Data, or any other event likely to affect them, occurring during their transfer on public telecommunications networks.
9.1 Responsibility of LEZO
9.1.1 LEZO declines all responsibility for the results obtained from the use of the Application and Services by the Client and Users.
Customer is solely responsible for the use and results provided under the Services. The Customer uses the Application and the results obtained by its implementation under his exclusive responsibility, without possible recourse against LEZO. In particular, LEZO cannot be held liable for errors, whatever the cause, in the results obtained, which it is up to the Client and its Users to verify.
It is furthermore and for the avoidance of doubt understood that LEZO is not party to the contracts and agreements concluded between the Client and its Users. In any case, it is up to the Client to ensure the proper management of its obligations, and LEZO cannot be held responsible for any failure by the Client to fulfill any of its obligations in the context of its activity.
The Application being standard software designed to satisfy the greatest number of customers, LEZO cannot guarantee its adaptation to the specific needs of the Customer.
For the avoidance of doubt, LEZO makes no other express or implied warranty in relation to the Services, including, without limitation, any implied warranty of quality or suitability of the Application for a particular purpose. LEZO does not guarantee the results of the Services. LEZO does not guarantee that the functionality of the Services will meet Customer’s requirements. The Parties acknowledge that software may contain errors and that not all errors are economically correctable or it is not always necessary to correct them. LEZO therefore does not guarantee that all failures or errors in the Application will be corrected.
2. Generally speaking, each Party will be responsible, in accordance with common law, for the proper execution of this Contract and for its contractual breaches vis-à-vis the other Party, resulting from its proven fault.
The responsibility of LEZO concerning the provision of the Services and access to the Application is an obligation of means.
LEZO cannot be held responsible for the accidental destruction of the Client's and its Users' Data, the Client remaining solely responsible for safeguarding their Data.
LEZO cannot under any circumstances be held responsible for immaterial or indirect damage suffered by the Client which may arise due to or during the execution of this Contract and its consequences. By indirect damage, we mean in particular, without this list being exhaustive, loss of earnings or profits, loss of operations, loss of data, loss of opportunity, loss of profit, commercial damage, the consequences of complaints or claims by third parties against the Customer.
LEZO will under no circumstances be liable for damage resulting from unavailability of the LEZO Application, in particular loss of data (including copies or recordings) that the Client or any User may suffer.
LEZO cannot in any way be responsible for any harmful consequences that could arise due to the use of Customer Data provided by the Customer and its Users.
LEZO is not required to repair the damaging consequences of errors committed by the Client, Users or third parties in connection with the execution of the Services.
In any event, except in the case of bodily injury, fraud, gross or intentional misconduct, the possible financial liability of LEZO, if it were to be determined, cannot exceed the sums paid by the Client for the Services which gave rise to the liability of LEZO, subject to payment by the Client, where applicable, of all overdue invoices.
LEZO's liability is excluded for breakdowns or damages resulting from contamination of the Customer's computer system by viruses, attacks and third-party malicious acts.
The liability of LEZO cannot under any circumstances be sought in the following cases, without this list being exhaustive:
use of the Services in a manner not expressly authorized herein;
modification of all or part of the Application or information accessible via the Services not carried out by LEZO;
use of all or part of the Services when LEZO, following a difficulty or for any other reason whatsoever, had recommended suspending their use;
use of the Services in an environment or according to a configuration not respecting the technical prerequisites of LEZO, or in connection with third party programs or data not expressly endorsed by LEZO;
loss of Customer data following an intervention by LEZO or a third party service provider designated by the Customer or by LEZO, when the Customer has not taken the precaution of saving his data prior to this intervention when this has been requested;
the occurrence of any damage resulting from fault or negligence on the part of the Client, or which the Client could have avoided by calling on the advice of LEZO;
use in connection with program services not provided or endorsed by LEZO and likely to affect the Services or the Customer's data.
The Client is required to ensure and ensure compliance with the CGU by all of its Users.
By providing all Customer Data on the Application, directly or where applicable through its Users, the Customer is required to comply with the legal and regulatory provisions in force and the stipulations herein.
The Customer is solely responsible for the Customer Data, and is responsible for deleting any contentious content.
Without prejudice to the foregoing, in the event of any abuse or violation of these terms, LEZO reserves the right to take any useful action with regard to any Customer in order to preserve their rights.
The Client undertakes to:
The Customer is required to report any abuse he may notice on the Application by:
It is up to the Customer to ensure that the storage and distribution of Customer Data via the Application complies with the following rules:
The Customer ensures that the storage and distribution of Customer Data transmitted on the Application, objects of the Services, and more generally any content, do not constitute:
The Client stands strong and guarantees compliance with these obligations by all of its Users.
10.1 “Personal data” constitutes any information relating to an identified or identifiable natural person. An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity.
The Parties undertake to collect and process any Personal Data in accordance with the applicable regulations relating to the use or protection of personal data (the “Applicable Regulations”), and in particular to the date hereof of the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (the “RGPD” Regulation) and the Data Protection Act. Freedoms of January 6, 1978 as amended (the “LIL”).
In particular, when a Party constitutes a data controller within the meaning of the Applicable Regulations and thus decides on the purposes and means of processing Personal Data, this Party undertakes to:
a) Process Personal Data in a lawful, fair and transparent manner with regard to the persons concerned; b) Collect Personal Data for specific, explicit and legitimate purposes and not subsequently process Personal Data in a manner incompatible with these purposes; c) Process Personal Data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed; d) Process accurate Personal Data and, where necessary, keep it up to date; e) Keep Personal Data in a form which allows the identification of the persons concerned for a period not exceeding what is necessary in relation to the purposes for which they are processed; f) Process Personal Data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or accidental damage, using appropriate technical and organizational measures.
The LEZO Privacy Policy is accessible on the Application.
10.2 It is also recalled that within the framework of the Application Services provided to the Client and its Users by LEZO, LEZO is likely to act under the terms of the Applicable Regulations as subcontractor and the Client as data controller.
The Client in this case informs its Users of the processing operations of their Personal Data at the time of their collection and more generally of the policy implemented by the Client relating to the processing of Personal Data, in compliance with the rules relating to the use of Personal Data, and within the framework of the relationship between the Client and the User, to which LEZO is not a party. It is in any case up to the User to contact the Client regarding the processing of their Personal Data.
In this context, the Parties then conclude an agreement relating to the protection of personal data before any processing carried out by LEZO. The conclusion of the Contract is conditional on the conclusion of this agreement and in the event of violation of said agreement, the injured Party will have the right to terminate the Contract in accordance with the terms defined herein. The Personal Data subcontracting agreement proposed by LEZO is accessible on the Web Application. The Client may also contact LEZO according to the terms defined herein in order to send him a proposal for an alternative subcontracting agreement.
The Parties reciprocally undertake to a general obligation of confidentiality relating to any confidential oral or written information, whatever it is and whatever the medium, exchanged in the context of the performance of the Services.
Consequently, the Parties undertake to:
The Parties guarantee compliance with this confidentiality commitment by all of their employees, managers and directors.
This confidentiality commitment will remain in force after the expiration or termination for whatever reason of the contractual relations of the Parties for a period of three (3) years.
In any event, this obligation of confidentiality does not bind the Parties to the extent that the Confidential Information:
Finally, each Party will be entitled to disclose any Confidential Information to its insurers, auditors or lawyers, to administrative or judicial authorities, upon production of the decision of the authorities concerned or when required by law.
The Client may not transfer or assign all or part of their rights and obligations arising from the Contract to any third party of their choice without the prior agreement of LEZO.
It is also expressly agreed that modifications which could occur in the legal entity of LEZO, such as for example, merger, split, absorption, partial contribution of assets, assignment, transfer to a subsidiary and any other legal or commercial agreement with a third party, would have no effect on the existence or execution hereof.
Each of the Parties certifies that it is insured with a reputably solvent company and has taken out an operating and professional civil liability insurance policy guaranteeing the financial consequences of civil liability that it may incur as a result of its activity.
Force majeure or fortuitous events are considered to be events beyond the control of the Parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of the obligations completely impossible.
The Party invoking a case of force majeure must immediately notify the other Party of their occurrence, as well as their disappearance. If the event were to last more than thirty (30) days from the date of its occurrence, the Contract may be terminated by the most diligent Party, without either Party being able to claim damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing the Contract.
Any notification from one of the parties to the other party required or permitted hereunder must be made in writing and sent by registered letter with acknowledgment of receipt, or by DHL, UPS or any equivalent service, to the last address communicated by the Customer to LEZO, and for LEZO, to the address mentioned below in article 18 or alternatively and where applicable to the last address notified by LEZO to the Customer.
The Services may be modified from time to time, at the sole discretion of LEZO. LEZO may stop (provisionally or permanently) providing Customers and Users with the Services or any functionality thereof, or suspend or terminate any Customer account or User access in accordance with these terms, without incurring any liability towards the Customer.
The Services, these and the CGU are subject to change. LEZO may offer additional services in the future which may be integrated into the LEZO Application, and which may, where applicable, be subject to separate, additional and/or additional terms and conditions.
LEZO has the right to modify these and any other terms and conditions or policies relating to the use of the LEZO Application.
If LEZO makes substantial changes to these terms or to CGU, the Customer will be informed in advance, and in any event at least 30 days before changes affecting the rights or obligations of any party hereto are made thereto, whether via the Application, the Application or by any other means, to give the Customer the opportunity to review the changes before they take effect.
In the event of refusal to agree to the modifications, the Customer may terminate their Subscription under the terms of the “Termination” article.
The computerized records kept in LEZO systems in compliance with state-of-the-art security rules will be considered as proof of communications. Archiving is carried out on a medium likely to ensure the faithful and durable nature required by the legal provisions in force. It is agreed that in the event of a discrepancy between the computerized registers of LEZO and the documents in paper or electronic format available to the Client, the computerized registers of LEZO will prevail.
For any questions regarding this or CGU, LEZO may be contacted by the means described below.
By email to the address: [email protected];
By registered mail with acknowledgment of receipt addressed to:
LEZO 21 boulevard Auguste Pageot 44000 Nantes France
These CGV may be accessible where appropriate in different languages, in the event of conflict or contradiction between the stipulations of the different versions of these CGV, the French version will prevail.
20.1 Applicable law
These general conditions of sale and the contractual relations between LEZO and the Customer are subject to French law.
20.2 Disputes
In the absence of an amicable solution, exclusive jurisdiction is assigned to the competent court of Nantes.