General terms of sale and use
1. Privacy Statement
a) Privacy policy
www.clicky-card.com (hereinafter "the website") is published by the company CLICKYCARD Ltd. (hereinafter "the editor"), company with a capital of 10000 Euros, registered in the company trade registry of Bordeaux – France under number B 788431849, and whose office is located “40 Rue Promis, 33100 Bordeaux – France”.
The editor can be reached by phone by calling: +33 983826292 or by e-mail at the following address: contact@clicky-card.com
VAT Number: FR29788431849
This website is hosted by ONLINE SAS which headquarters are located at “BP438 - 75366 Paris CEDEX 08 - France” and can be reached by phone by calling: +33 184 130 000.
The Director of publications of this website is Mr Alexandre MEURANT.
b) Object
This website is free and free of use to any Internet user. The object of this website is to sell interactive virtual business cards (Clickycard) and various related services (push notification sending, modifications of Clickycards, etc.) to companies, professionals and associations having a Employer ID number or Tax ID Number.
c) Acceptance of the General Terms
The order on this website implies the acceptance by the user of these general terms of use and sale. The user recognizes in having fully read these general terms and renounces its own conditions. This acceptance will consist for the user in checking the box corresponding to the following sentence: "I acknowledge having read and accepted the General Terms of sale and use of the website.".
The fact of checking this box will have the same value as a handwritten signature. The user recognizes the value of proof of automatic registration systems of the editor website and, except for him to provide a contrary proof, he accepts without dispute in case of litigation.
The acceptance of the present general terms supposes on behalf of Internet users that they have the legal capacity necessary to do this and whether they are holders of a mandate if they act on behalf of a company.
2. Minimum computer configuration
The minimum system requirements to use the editor services are as follows: 1 GHz processor, 256 MB of RAM, 1268 by 768 screen resolution. Required Web browser: explorer 8 or 9, Firefox 4 or 5, safari 5, Opera 10 or Google chrome and all later versions.
The user recognizes to arrange skills and computer tools to use the services provided by the editor. He recognizes also to have a broadband Internet connection and take measures to protect against viruses, Trojan horses or other and thus discharge the editor of responsibility for these points.
3. Introduction
In the use of services offered on the website, customers undertake in addition and without any limitation or qualification to:
- use the services provided by the editor as reasonable people,
- do not compromise the peaceful use of the service by other members,
- respect the rights of third parties,
- comply with all legal and regulatory provisions in force,
- do not post, with either any interface provided by the editor, racist statements, contrary to public order or good morals or contrary to any legal or regulatory provisions in force.
The use of services by customers will be under their full and sole responsibility. The use of the push notification service is limited to commercial, promotional or event notifications in direct link with the customer's company activity.
In any event, customers remain responsible for the data contained in their personal account and transmitted in the framework of the use of the services. They remain responsible for their actions committed through the use of the services and had to answer before the competent court.
Any infraction of the present general terms resulting in a damage or being a violation of regulatory or legal provisions can be directly pursued against the customer who frees the editor of any responsibility.
4. Products and services information
Products and services are presented on the website, in the description file for each article. They include:
- The sale of Clickycards (interactive virtual business cards),
- Clickycards modifications (made within an average of 24 hours),
- Push notifications sending (commercial, promotional or event message in direct link with the customer's company activity),
Receipt of the virtual business cards (Clickycard) and push notifications assumes to have a Smartphone and prior installing of the Clickycard application, available from the Apple Store or Google Play. Otherwise, the recipient of the card must follow the hyperlink received by email or SMS, and will be redirected to the download page for the Clickycard application. For recipients with no compatible Smartphone, the Clickycard will be available on a user account on the www.clicky-card.com website after registering for free.
The content of notifications will be written by the customer itself and under its sole and full responsibility. Furthermore, and as reminded in article 9 of these terms, file attachments must be of a size of 10 MB (files accepted: PDF, JPG or PNG).
5. Order
The editor reserves the right not to follow up an order of a customer with who there was a dispute concerning the payment of a previous order.
To order, Internet users must first open a free user account by completing the form that is presented to them, with the personal information concerning them, and may then select one or more products in the purchase area, customize them based on the possibilities offered by the website and add them to their order.
As soon as they are connected, or after they have fully completed the form, customers will be invited to control or modify their delivery and billing data. Then, customers will be invited to make their payment on a secure payment interface.
Once the payment is effectively received by the website editor, the latter will send an acknowledge receipt to the customer electronically, within a maximum of 24 hours.
Also and for the same deadline, the editor will send to the customer a summary email of the order by confirming the treatment, also containing all the relative information with the order, the ordered products, as well as their delivery.
In accordance with the legislation in force, companies and professionals do not benefit of any right to withdraw.
6. Price
The prices indicated on the website are in Euros (€), excluding taxes and excluding delivery costs. All products and services are subject to VAT – Value Added Tax (19.6%). Prices are not negotiable, without discount, or rebate, or discount. These prices can be changed at any time by the seller, the prices are valid only on the day of the order and do not effect for the future.
7. Payment information
The user can place an order on this website and make its payment by PayPal and credit card. Payments by credit card are made through secure transactions provided by the claimant: Société Générale Bank. For payments by credit card, the editor of this website has not access to any data regarding the user payment. The payment is made directly between the hands of the claimant PayPal.
A payment takes place when ordering and before any delivery or provision of the services.
8. Availability of the Clickycard
The Clickycard is available to the customer in an average time of 24 hours from the receipt of forms (customer's data and creation of the Clickycard) and meet the requirements of the editor, particularly on the graphic files transmitted (150 dpi resolution or higher and rectangular size as 960 pixels x 560 pixels). The editor reserves the right to modify (or refuse) the graphic files for a better quality or use, especially if the size of a business card is not rectangular or not respecting the mentioned proportions. Also, the editor reserves the exclusive right to refuse provision of a Clickycard for non-compliance of these terms of use and sale. Such refusal will not constitute a damage for the excluded member which can aspire to no compensation of this fact.
The notifications credits are credited within a maximum of 1 hour after the perfect payment of the price of the order and are validated prior to any shipment by our editorial team within 24 hours from the client request.
9. Special provisions to the use of push notification credits
The process of purchasing credits is indicated in article 2 of these terms. This credit account can be reloaded at any time.
The credits will allow customers to send push notifications (ClickyNEWS) as message, possibly with an attached 10 MB maximum file (PDF, JPG or PNG type), to contacts who received the Clickycard and agreed to receive such messages.
Any request for sending notifications must be previously validated by our editorial team within an average of 24 hours of the client request. Any refusal sent validation will be motivated by the editor by email within the same period and the used credit will be credited again on the customer's credit account.
Customers recognize while sending notifications will be by debiting her credit account. The amount of any subscription will be indicated prior to validation of the sending.
Credits are not refundable and cannot be subject to a monetary value. In the event of closure of the account, credits notifications that remain in the account will not be refundable to the customer.
All user interfaces and credit account management will be fully secured by the editor.
10. Provisions to the sponsorship offer
The sponsorship of an eligible guest is possible by any client. To be accomplished, the client and his guest must indicate their respective email used when registering on the website of the editor.
The benefit of the sponsorship gift will be granted and available when the guest will subscribe to the Clickycard offer.
Each client can invite as many eligible people as desired and will receive as many sponsorship gifts if all conditions are met.
The editor reserves the exclusive right to refuse provision of a Clickycard for non-compliance of these terms and conditions.
11. Provisions to the mobile application and Web site use
Some additional costs of connection and communication to Internet service and mobile application may cause a billing on the part of the mobile and Internet operator. These potential costs remain at the charge of the client and the user. Thus, users and customers recognize having previously reviewed and understood the Terms of sale and use of their subscription with their mobile and Internet operator. Therefore, the editor cannot be held liable of connection and communication costs attributable to the use of the Clickycard mobile application and the website www.clicky-card.com services.
12. Personal account
a) The registration for a personal account
The registration for a personal account is a prerequisite to any order on this website. Thus, the Member will be asked to provide some personal information. The Member has to provide accurate information at the risk of cancellation of the contract and his personal account by the initiative of the editor.
Some information will be deemed essential to the conclusion of the contract and their collection will be essential for the creation of a personal account and the validation of the terms. The refusal by a member to supply such information will have the effect of preventing the creation of his personal account as well as, by the way, the validation of the order.
b) Instruction for use
This account allows to the customer or member to consult all its orders on the website and change the information filled.
The editor reserves the exclusive right to remove any member account that would have breached these terms and conditions or even any account inactive for at least a year. In that case, no compensation or damages will be given to the excluded Member.
This exclusion is not exclusive of the possibility, for the editor, to undertake prosecution of judiciary against the Member, when it will be justified by the facts.
c) Password
During the creation of a personal account, the user has to choose a password. This password guarantees the confidentiality of the information contained in its account and the Member therefore agrees not to transmit or communicate it to a third party. Otherwise, the editor cannot be held responsible for the unauthorized access to the user's account.
13. Newsletters
By checking the box provided for this purpose or by expressly giving their agreement to this end, members agree that the editor can make them reach, in a frequency and in a form determined by the editor, a newsletter that may contain information about its activity.
When the user check the box provided for this purpose, he agrees to receive commercial offers of the editor of this website for products and services similar to those ordered.
Subscribing members shall have the right to unsubscribe from the newsletter by clicking on the link provided, present in each of the newsletters.
14. The Computer and Liberty Law of January, 6th, 1978 (French Law)
a) General purpose - duration
Internet users have free faculty to provide personal information about them. The provision of personal information is not required for navigation on the website. However, the registration on this website supposes the collection, by the editor, of a number of personal information about Internet users. Internet users who do not wish to provide the necessary information for the creation of a personal account will not be able to place an order on this website.
The collected data are necessary for the good administration of the services offered on this website as well as in the respect for its contractual obligations by the editor. These data are kept by the editor in this unique quality and makes a commitment not to use them in another setting or to transmit them to third parties, outside users express agreement or statutory cases.
Contact information for all users registered on this website are stored for a maximum period of one year from the removal of the personal account, reasonably time necessary to the good administration of the website and normal use of the data. The information is kept in secure conditions, according to the current means of technology, in accordance with the provisions of the French Computer and Liberty law of January, 6th, 1978.
b) Access rights, rectification and cancellation
In accordance with the French Computer and Liberty law, Members have a right of opposition, query, access and rectification of the data provided. To do this, simply make the request to the editor of this website, making it to the following e-mail address: admin@clicky-card.com, or by postal mail at the address of the editor company mentioned at the top of these general terms.
The collection of personal data is subject to computer processing and is exclusively reserved to the editor of the website.
The controller is Mr Alexandre MEURANT.
The personal data collected are not transferred abroad.
French CDT Number: 1627178
c) IP address
In addition, the editor reserves the right to collect the public Internet Protocol (IP) address of all Internet users. This IP address will be collected anonymously; it will be retained for the same duration as the personal information and only will be intended to allow a good administration of the services offered on this website. The IP address is a series of digits separated points allowing the unique identification of a computer on the Internet.
The Publisher shall communicate all personal data relating to a visitor to the Police (at the judicial demand) or any person (on the order of the judge.) The IP address of any computer can be reconciled with the actual identity Subscriber owned by internet access providers.
15. Exemption from the editor responsibility within the execution framework of the present contract
In case of impossibility to access to the website, due to technical problems or all kinds not attributable to the editor, the customer cannot claim injury and will not be entitled to any compensation.
Beyond a downtime more than an hour uninterrupted or beyond 24 hours non-consecutive down, occurred during the month, and due to the editor, guests can avail of this deficiency to seek compensation, on the understanding that it will be limited to the granting of 1 notification credit "ClickyNews" per hour of interruption. Hours of unavailability of the services offered by the editor will be calculated by calendar month and full time.
The editor shall not be held responsible for the breach of the contract that may be directly or indirectly attributable to the customer or in case of absolute necessity, within the meaning given to it by the courts of France.
In the event of a delivery of a clearly and visibly deteriorated package, it belongs to the customer to refuse it in order to use the guarantee offered by the carrier. The customer shall also inform the seller without delay, so that a new package is prepared, then shipped upon receipt of the return damaged package. In this case, delivery times indicated earlier in the present general conditions will be not applicable.
In case of failure due to the editor in the execution of the present contract, its liability will be limited to the direct damage caused to the customer with the exception of indirect or immaterial damage such as operating or profit loss. In addition, the customer agrees that the liability of the seller will be limited in any case to the amount of the order price.
Hyperlinks present on this website can return on other websites, and the responsibility of the editor of this website cannot be held liable if the content of these websites violates the legislation in force. Likewise the responsibility of the editor of this website cannot be held liable if the visit, by the Internet user, from one of these websites, harms him.
16. The intellectual property rights relating to elements posted on this website
All the elements constituting the present website belong to the editor and are protected by the legislation relative to the intellectual property rights.
Therefore, users recognize that, in the absence of authorization, any total or partial copy and any broadcasting or operation of one or some of these elements, even modified, will may give rise to legal proceedings led against them by the editor or his legal successors.
This protection will concern all the textual and graphic contents of the website, but also its structure, its name and its graphics standards.
17. Amendment of the General Terms
These terms may be modified at any time by the website editor or his representative. The General Terms of sale and use applicable to the customer are those in force on the day of its order. The editor has to keep all his old general terms and send them to any user that would make the request.
18. Applicable Law and Jurisdiction
THESE GENERAL TERMS ARE SUBJECT TO THE APPLICATION OF FRENCH LAW AND THE JURISDICTION OF THE COURTS OF BORDEAUX – FRANCE (Postal code: 33000). THE LANGUAGE OF THE ORIGINAL CONTRACT IS FRENCH AND TRANSLATED IN OTHER LANGUAGES FOR FOREIGN CUSTOMERS FOR BETTER UNDERSTANDING SUCH AS ENGLISH FOR THE PRESENT CONTRACT.
19. Out-of-court disputes settlement
Except public provisions, all disputes which could arise within the framework of the execution of the present general terms may, before any legal action, be subjected to the appreciation of the editor of the website with the aim of an amicable settlement. It is expressly reminded that requests of amicable settlement do not suspend the deadlines opened to institute legal actions.
20. Severability
If any part of the present contract is contrary to law, that part is ineffective without invalidating the rest of the present contract.
21. Non-waiver provision
The fact, for the editor, not to use temporary or permanently one or more clauses of these General Terms, will not be considered as a waiver of any of our rights of these General Terms.