APP TERMS OF SALE
Article 1 – Terms and Conditions jurisdiction and definitions
These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current mobile application.
The below listed words define :
- ‘Mobile application‘, ‘mobile app‘ or ‘app‘ : the mobile application OOAFF and all its screens.
- ‘Publisher‘ : the legal or natural person responsible for editing and publishing content on the app.
- ‘User‘ : the person using the app.
- ‘Products‘ : all digital goods or services that it is possible to buy or to which it is possible to subscribe via in-app purchases.
- ‘Customer‘: the user buying a product via an in-app purchase.
- ‘Store‘ : The digital distribution platform used by the publisher to publish the app, and by the user to download the app.
Article 2 – Mentions imposed by French trust law in the digital economy and app purpose
The app is published by “FUN MAKER FACTORY” SAS.
The acquisition of a product or in a broader sense the use of the app implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. This acceptance will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the publisher’s automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
Article 3 – Characteristics of the proposed options
The opening of an Individual Account is only authorised for natural persons of full age (or emancipated) and non-professional.
Professionals must contact “FUN MAKER FACTORY” by filling in the contact questionnaire accessible by choosing « request partnership » on the application.
The creation of a free account allows you to consult, create events called « OOAFFs », consult profiles and other functions such as leaving a comment, consult history (etc….).
The options offered are those contained in the « PREMIUM PACK » section published in the application. The application’s customer service is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the following address: 31 avenue de Ségur, 75007 PARIS, in which case the publisher undertakes to provide a response within 7 days.
Article 4 – Prices
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
“FUN MAKER FACTORY” reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
Article 5 – App member account
The registered user on the app (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of a forgotten password, the member can ask for a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the publisher will not be held liable for unauthorized access to a user account.
The user can be asked to provide a few personal information when buying products within the app ; he or she agrees to provide accurate information.
The account allows the customer to check all orders made on the app with the account. The app publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages and screens cannot be taken as evidence ; they only have informative value and aim to effectively help the user to manage his or her orders or contributions.
The publisher reserves the exclusive right to delete the account of any user who may have breached these Terms and Conditions, including but not limited to the following cases :
- the user has knowingly provided false information during his or her registration and the creation of an account
- the user has been inactive on the app for at least a year.
Said deletion cannot be considered harmful to the excluded user, who can not claim any compensation for this account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Members are free to delete their account on the app. In order to do so, the member can send a e-mail to the app publisher stating that he or she wants to delete the account. No data recovery is possible after account deletion.
Article 6 – Publisher waiver of responsibility
Failure to access the app is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability, even extended without any time limit and concerning one or several products, can not be considered harmful to users and can not result in the award of damages from the publisher.The hypertext links on the current app may refer to other apps or sites and the responsibility of the publisher of the current app can not be engaged if the content of these sites and apps contravenes the laws. The current app publisher will not be held responsible for any harm caused to the user by his or her visit on those third-party sites or apps.
Article 7 – Intellectual property rights relating to information published on the app
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the app and material on the app. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any member found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 8 – User-generated content on the app
Users are offered the option of contributing to the contents accessible through the app by posting comments.Contributors are advised that the publisher, represented if necessary by moderators, can choose to publish the contribution on the app newsletters or on the websites of its partners, provided that the publisher includes the pseudonym of the author of the contribution. The author of the contribution therefore waives his or her rights to it, to the benefit of the publisher and for any kind of distribution, use or purpose, even commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.
Article 9 – Brands
Trademarks and logos appearing within the app are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
Article 10 – Limitation of liability
The publisher of the application, in particular in the process of providing the service, is only bound by an obligation of means; its liability cannot be engaged for any damage resulting from the application such as loss of data, intrusion, virus, break in the service, or others. The publisher of the application, “FUN MAKER FACTORY”, cannot be held liable for the non-performance of the concluded contract, due to the occurrence of an event of force majeure and in particular in the event of disasters caused by floods or fires.
Concerning the options subscribed to, the publisher shall not be held liable for any indirect damage due to the present, operating loss, loss of profit, damage or expenses, which may occur. The choice and purchase of a paying option are placed under the sole responsibility of the customer. The total or partial impossibility to use the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the publisher’s responsibility, except in the case of a proven hidden defect or non-conformity. In the event of the non-functioning of an option purchased in the application, the customer has a maximum of seven days (from the date of purchase) to make himself known.
Beyond this period, no claim will be accepted. The user expressly admits using the application at his own risk and under his exclusive responsibility. The application provides the user with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist.
In any case, “FUN MAKER FACTORY” cannot be held responsible in any way:
- For any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data which may result from the use of the application, or on the contrary from the impossibility of its use.
- A malfunction, unavailability of access, misuse, misconfiguration of the user’s peripheral, or the use of a peripheral that is little used or obsolete by the user.
- The content of advertisements and other links or external sources accessible by the user from the application.
- The client creates events called « OOAFFs », under his own responsibility and implements everything necessary for the smooth running of these events (welcoming other members, compliance with the rules of use in the establishments frequented etc…).
- The customer is solely responsible for his words and actions on the site and during his participation in « OOAFF » events, whether they take place in a public or private establishment.
- The customer also called « OOAFFer » undertakes to take precautions when participating or creating events knowing that it is not possible to verify the veracity of all the elements provided by the other participants.
- The customer undertakes to respect the law and to use courtesy (racist, sexist, apology of crime, religious proselytizing or defamatory remarks are prohibited on the application).
- The customer undertakes not to trade even for charitable purposes, as well as the sale of illegal services such as prostitution or the sale of narcotics).
- The client undertakes to check that he is legally authorised to organise his event or to practise the proposed activity (for example if a diploma or certificate is required to supervise this activity).
- The customer undertakes not to compete with the application by sharing or publishing content published on the application or the OOAFF website.
- The customer undertakes, without limitation, to obtain the authorisations and to pay any rights on the texts, photos, illustrations, music and any work used to present its events on the application.
Article 11 – App Internet accessibility
The publisher cannot be liable for any technical hindrance of the connection, including but not limited to hinderance due to a force majeure event, a maintenance, an update, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user device.
Article 12 – Closure of account
Each member is free to close his account on the application. For this, the member must send an e-mail to the publisher indicating that he wishes to delete his account. No recovery of his data will then be possible.
Article 13 – Eligible law and consumer mediation
These Terms and Conditions are subject to the application of French law. They may be modified at any time by the publisher or one of its representatives. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, OOAFF SAS guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
OOAFF SAS offers its non professional customers the mediation of the following mediator :
- MÉDIATEUR DE LA CONSOMMATION AGREE – DEVIGNY MÉDIATION
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
« Cookies » are hereby defined in the broad sense of any file stored on the user’s device in order to identify him or her, or to sustainably record data on the device.Cookies allow the app to identify its user, to customize his or her experience and speed up the display of the app through a data file saved on their device. Cookies are typically used on the app to
1) allow the app to memorize the user settings and action within the app,
2) gather user navigation data to provide analytics and optimize user experience and
3) allow the user to log in to and access password-protected content, including but not limited to his or her account pages and screens.
Article 15 – Payment information
The user can place an order on this app and pay using the credit card which details he or she provided to the Store.All payments are made through secure transactions provided by the Store. The app has no access to any user payments data ; payment is made directly by and to the Store.
Article 16 – Delivery and withdrawal right waiver
The publisher promises to make purchased products available as soon as the payment is made by the user for those products.The purchase of products offered within the app will not allow the customer to exert his or her right of withdrawal, as stated in article L.221-28 of the French Code de la consommation, because of the nature of those products (contracts beginning immediately and concerning digital contents not provided on a hard medium or services delivery that are complete within the withdrawal right period).
The customer acknowledges the orders will be regarded as irreversible, and waive his or her withdrawal right regarding those products, provided his or her express consent to this waiver had been given during the order process.
Article 17 – Archiving
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Article 18 – Terms and Conditions framework
Article 19 – Notice
Article 20 – Claims
Any claim or cause of action you may have with respect to your use of this app, its pages or screens, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
Article 21 – Inaccuracies
Article 22 – Geolocation data
In compliance with article L. 34-1-V of the French Code des postes et des communications électroniques, the express consent of the user must be given during the app setup on the device for geolocation to take place, and the user must be able to change geolocation settings later on.
For the app to use geolocation data, the user must activate the geolocation features of the device the app runs on. The user can waive his or her consent to geolocation by the app, at all times and free of charge.
Activation of the geolocation features of the device (GPS) allows the user to use the following app services : find or create an event around me.
The device then autonomously estimates its position.
Deactivation of the app or device geolocation features prevents app services relying on geolocation to run, and geo-targeting ads to display in the app.
All rights reserved – 20 July 2021