Terms of Service
Effective : November 15, 2021
Article 1. Purpose
These Terms of Service govern the Terms of Sale and the Terms of Use offered by Naviz (trade name "Voteer"), hereinafter "Voteer".
"Customer" refers to the entity (legal or natural person) that has subscribed to Voteer's services.
"Participant" means the person who participates in an online vote by interacting with the Voteer Services.
"User" refers collectively to the Participant and the Customer.
Access to and use of the website, products, services and associated software, collectively the "Services", are conditioned upon compliance with and acceptance of these Terms of Service. By clicking or using the Services you agree to be bound by these Terms of Service.
System Requirements: Because the use of the Services involves hardware, software and Internet access, the ability to access and use the Services may be affected by the performance of these items. The User acknowledges and agrees that it is the User's responsibility to use the necessary and sufficient system requirements to perform the Services.
Article 2. Price of the services
2.1 Applicable pricing
The prices of the services, exclusive of tax, are indicated on the price list page or communicated by Voteer by any useful means. Subscription to the Services shall be invoiced on the basis of the price in effect at the time of the Order validation. Voteer reserves the right, at its own discretion, to offer customised prices.
Voteer reserves the right, at its own discretion, to change its prices and to apply any price changes in the billing cycle following the anniversary date. Voteer shall notify the Customer with a minimum of sixty (60) days notice. In the absence of a waiver, the Customer shall be deemed to have fully accepted the price change.
2.2 Orders
The Customer may order services via an online registration page or an order form hereinafter referred to as "Order". All orders are subject to approval and verification by Voteer, which may or may not accept them at its sole discretion. The Customer is responsible for the accuracy of the information provided. All of the information completed and the confirmation recorded shall be considered proof of the transaction. The confirmation of the order is worth signing and accepting the present Terms of Service. The acceptance can only be full and complete. Any membership under reserve is considered null and void.
2.3 Billing & Payment
The Services ordered are subject to an annual invoice payable in advance for subscriptions, or a single invoice for a fee-for-service. Invoices are deemed to have been accepted if they have not been contested, with detailed proof, within 15 days of the date of invoicing.
Invoices shall be payable immediately unless otherwise provided for in the Order.
Payment of the invoice may be made by credit card or bank transfer.
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of an invoice on its due date shall automatically, without prior notice, result in
- the immediate suspension of the Services in progress until full payment of all amounts due;
- the forfeiture of all amounts due and their immediate payment;
- the invoicing of late interest equal to three (3) times the legal interest rate and a fixed indemnity of 40 euros for collection costs.
Article 3. Duration and Termination
The Subscription Order is automatically renewed for a period of 12 months and will then be renewed at each term. If the Customer requires additional Service(s) during the term, the Order shall be renewed and the new term shall begin to run from the date of the last Order. Either Party may terminate this Agreement upon sixty (60) days' notice prior to the anniversary date of the Order.
Article 4. Intellectual Property, Copyrights and Trademarks
All text, graphics, user interfaces, photographs, trademarks, logos and computer codes (collectively referred to as the "Intellectual Content"), appearing on the Site and on the *voteer.com Services is owned, controlled or licensed by or to Voteer, and is protected by all applicable legislation on intellectual property and unfair competition. The user undertakes not to publish, modify, distribute or copy the intellectual content without prior authorisation from Voteer.
Article 5. Obligations and Guarantees of the Parties
5.1. Obligations and Guarantees
The User is solely responsible for the protection and use of his/her personal access codes and the actions undertaken via his/her codes which are provided to him/her "intuitu personae".
The User undertakes never to use the Services for inappropriate, illegal purposes contrary to public order and morality and otherwise reprehensible or in the context of fraudulent and/or illicit activities and never to allow third parties to do so.
The User is solely responsible for the content of the elements broadcast and/or transmitted through the Services. The User guarantees to have all the necessary rights and authorizations.
The User must take the necessary measures to save by his own means all the information and stored content that he wishes to keep.
The user agrees not to create and/or copy a derivative work of the Voteer Services, using reverse engineering, or any of the documentation/information made available.
The User agrees not to remove any proprietary or copyright identification from Voteer Services.
The user agrees to use the services for his or her own exclusive use. Consequently, the user is prohibited from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party, in any manner whatsoever, and in particular the user is prohibited from selling, reselling or renting the services, except with the prior consent of Voteer.
The User undertakes to provide all information necessary for the proper execution of the Services. More generally, the Customer agrees to actively cooperate in the proper execution of these terms.The user guarantees Voteer against any damage, claims, actions or proceedings brought against him/her as a result of the use of the services or content.
The Customer undertakes to compensate Voteer for any prejudice it may suffer and to pay all costs, charges and/or fines that it may have to bear as a result.
5.2. Obligations and guarantees of Voteer
Voteer undertakes to provide the services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client expressly recognises and accepts.
Voteer does not exercise any control over the information stored, transmitted and/or disseminated and shall therefore not be held liable.Voteer shall not be held liable for any direct or indirect damage resulting from the use, malfunction or interruption of the Service.Furthermore, Voteer shall not be liable to the Customer for payment of damages of any kind, whether direct, material, commercial, financial or moral, due to the Customer's use of the Services, in an amount exceeding thirty percent (30%) of the amount invoiced by Voteer as remuneration for the Services for which it is responsible.
Voteer's liability may only be incurred if the Customer has made a claim by registered letter with return receipt within one month of the said occurrence.
Voteer does not guarantee that the operation of the services will be continuous and without error.
Voteer shall not be held liable in any way in the event of usurpation of the user's identity.
Article 6. Personal Data
Voteer may collect and process personal data under the conditions set out in Privacy Policy. Voteer shall act as a Sub-processors and the Customer shall act as a Data Controller within the meaning of the GDPR. The Data Protection Policy is an integral part of these Terms of Service.
Voteer guarantees the existence of technical data protection measures in accordance with legal and regulatory requirements.
Voteer shall notify the Customer as soon as possible of any Data breaches.
Data provided by the Customer for the purpose of performing the Services shall remain the sole property and responsibility of the Customer. The Customer hereby authorizes Voteer to process the Data in order to fulfill its obligations for the purpose of performing the Services.
The Customer grants Voteer general permission to use third parties to support the performance of the Services. Where the sub-processor is located in a third country and there are no applicable appropriate safeguards, the controller hereby instructs and mandates the sub-processor to sign, on behalf of the controller, the European Commission's standard contractual clauses with the sub-processor.
Article 7. Sanctions and breaches
In the event of a breach of any of the provisions of these Terms of Service or, more generally, a breach of the laws and regulations in force by a Client or User, Voteer reserves the right to take any appropriate measure and in particular to:
- terminate, suspend, remove or prevent access to the Services by the person responsible for the breach or infringement, or who participated in it
- delete any content posted on the Site;
- notify any relevant authority;
- initiate any legal action.
Article 8. Miscellaneous provisions
Force majeure
Each of the parties will be exonerated from any responsibility which would be the consequence of force majeure provided by the law.
Modifications
Voteer reserves the right to modify the present Terms of Service at any time and to inform the customer by any useful means.
The modifications to the Terms of Service shall be applicable as of the date they are published online.
They shall be effective on the day of the order or the renewal thereof.
Suspension
Voteer may suspend the service by right in order to carry out any maintenance operation. In this case, Voteer shall make every effort to cause as little inconvenience as possible.
Confidentiality
Each of the parties undertakes to keep the information exchanged confidential for the duration of the contract. Voteer may, however, disclose information on the use of the service to the authorities.
Commercial reference and advertising
The Client authorises Voteer to quote and reproduce its name and/or brand and/or logo as a commercial reference.
Assignment of the contract
The contract may not be assigned or transferred without the prior written consent of Voteer.
Disputes & Applicable Law
These General Terms and Conditions are governed by and shall be construed in accordance with the laws of France. Any dispute shall be brought before the courts of Nanterre, France.
Article 9. Legal Notice
The Services are published and operated by Voteer. A company with a capital of 1,425,000 Euros registered in the Nanterre Trade and Companies Register under number 852 613 124, whose registered office is located at 17, rue Emile Landrin 92100 Boulogne, FRANCE, intra-community VAT number FR 18852613124.
Director of Publication: Mr. David Setrouk
Email : welcome@voteer.com