GENERAL TERMS AND CONDITIONS OF USE FOR AZEOO FREEMIUM SERVICES
Last update: June 2020
1. FIELD OF APPLICATION
The General Terms and Conditions of Use (“T&Cs“) apply to the Platform of Services relating to Sports Training Programs and Sessions, Sports Advice and Record, Nutritional Advice and Plans, the publication of content and comments on social networks and with the AZEOO Community (the “AZEOO Services“), provided by AZEOO, a simplified limited company registered in the Montpellier Trade and Companies Register under number 813 620 424 (“AZEOO“) through its website www.azeoo.com or AZEOO mobile applications.
These General Terms and Conditions of Use apply to all Users (Athletes, Coaches and Clubs), and in general to all visitors, individuals or legal entities, who access the AZEOO Services (the “Users“), regardless of their geographical location and for the whole world.
In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of the Services offered by AZEOO by electronic means are available on the website www.azeoo.com.
AZEOO also provides the consumer with information relating to his identity, postal, telephone and electronic contact details and activities, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the French Consumer Code.
In addition, the consumer receives the information provided for in Articles L. 122-1 and L. 221-11 of the French Consumer Code, before and after the acceptance of the General Terms and Conditions of Use and in particular by means of these General Terms and Conditions of Use.
The User acknowledges having received, prior to their acceptance, in a clear and understandable manner, the General Terms and Conditions of Use and all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information:
- The essential characteristics of the AZEOO Services
- Information relating to AZEOO’s identity, postal, telephone and electronic contact details, and activities, if not apparent from the context
- Information on legal and contractual guarantees and how they are implemented
- The functionalities of digital content and, where applicable, its interoperability
- The possibility of using conventional mediation in the event of a dispute
Coach Subscription: Access to AZEOO Services provided to Coaches for an indefinite period of time, allowing them to have access to specific functionalities intended for Coaches and which are the subject of the Coach General Terms and Conditions.
Athlete: A natural person who uses the AZEOO Services for personal, non-professional and non-commercial purposes, for his own sports training, obtaining sports and nutritional information and programmes, exchanging with the AZEOO Community on his physical performance and on sports and nutrition in general.
Partner applications: Mobile applications, operated by third parties, interoperable with AZEOO Services.
Badge: Virtual reward given to Users, according to their activity registered within the AZEOO services.
Book: Photo gallery of Users.
Challenge: Proposal made to Athletes, by a Club or by AZEOO, to take up a particular challenge, within a defined period of time. The Athlete(s) participating in this challenge may be awarded Points or Badges, under the conditions defined by the author of the Challenge.
Club: natural or legal person, necessarily professional and duly registered, who operates a place used for the practice of sport and/or who wishes to use the AZEOO Services for professional and commercial purposes, in order to remain in contact with its Athlete customers and Coaching partners, to ensure its promotion via the AZEOO Services, to create Training Programmes and Sessions for its Athlete members, and to exchange with the AZEOO Community.
Several types of professionals are identified in a non-exhaustive manner, such as Club:
- A fitness centre: a location providing the public with equipment, an environment and support services aimed at improving the physical condition, relaxation and well-being of its athlete clients
- A CrossFit Box: a location providing the public with equipment, an environment and supervised Crossfit services
- An Hotel: Commercial establishment offering paid tourist accommodation in furnished rooms (or suites)
- A Company: An economic unit based on a pre-established organization and operating around means of production or distribution
- A Group of companies made up of several different legal entities, regularly registered and linked by a contract.
Coach: Natural or legal person, necessarily professional and regularly registered, who operates a sports coaching activity, in particular for consumer customers and uses the AZEOO Services for professional purposes, in order to remain in contact with his Athletes customers and potential Club partners, ensure his promotion via the AZEOO Services, create Training Programs and Sessions for his Athletes customers and exchange with the AZEOO Community.
AZEOO Community: All AZEOO Users, Athletes, Coaches and Clubs.
Coach Data: Texts and images distributed by the Coach using the Coach Subscription features, Programs and Training Sessions designed by the Coach and made available to his Athlete clients using the Coach Subscription features.
Training logger: Logbook containing the history of the Athlete’s training (within the last three months), as well as the history of his performance and the evolution of his anthropometric data. This log allows to ensure a follow-up of progress and physical improvements.
Nutrition Logger: A logbook containing the history of the food consumed by the Athlete.
Freemium Offer: AZEOO services provided free of charge, for an indefinite period of time dedicated to Sport and Nutrition for Athletes and which are the subject of the General Conditions of Use which are the subject of a separate contractual document.
User Profile: Personal data, social information and photographs provided by the User when creating the Profile and when using the AZEOO Services. Three types of Profiles are available: Athlete, Coach and Club. The Athlete and Coach profiles also contain anthropometric data.
Training program: A sequence of training sessions to be conducted over a defined period of time, necessarily greater than 24 hours. Training Programs are offered by Clubs for their Athlete members, by Coaches for their Athlete clients and also by AZEOO for the entire Athlete community.
AZEOO Network: Functionalities of the AZEOO Services allowing Users to communicate with each other, through collective messages, to visualize the activities of all or part of other Users and to publish comments.
Training session: A series of weight training and fitness exercises, the instructions for which are given via the AZEOO services, using texts, sounds, images and/or videos. A session is held on the same day. Training Sessions are offered by Clubs for their Athlete members, by Coaches for their Athlete clients and also by AZEOO for the entire Athlete community.
AZEOO Services: Online digital services platform, made available via the website www.azeoo.com and AZEOO mobile applications, providing access to various functionalities and in particular to sports and nutritional programmes, recording the history of Athletes’ activity, bringing together Athletes, Clubs and Coaches via the AZEOO Network and providing services to Clubs and Coaches that may facilitate the exercise of their professional activity.
Users: Athletes, Coaches and Clubs that form the AZEOO Community, individually attached to a User Profile.
3. CONTRACTUAL DOCUMENTS
AZEOO Services are governed by the following contractual documents, listed below in ascending order of contractual value:
- These General Terms and Conditions of Use of the Freemium Offer
- The AZEOO Personnal Data Protection Policy
- If applicable, the General Terms and Conditions of Athlete Services AZEOO
- If applicable, the General Terms and Conditions of Club Services + AZEOO
- If applicable, the General Terms and Conditions of Coach Services AZEOO
- If applicable, the AZEOO General Terms and Conditions of Sale.
By subscribing to the Freemium Offer, the User declares that he/she has read the General Terms and Conditions of Use and the Personal Data Protection Policy and has accepted them in full, without restriction or reservation.
The User waives, in particular, the right to rely on any document contradicting the General Terms and Conditions of Use and the Personal Data Protection Policy, which would not be enforceable against AZEOO.
The User acknowledges that he/she has the capacity to accept the General Terms and Conditions .
Any condition imposed by the User or any certification, guarantee or other statement not contained in the documents referred to above, is unenforceable against AZEOO. The same applies to any agreement prior to this contract, express or implied, in any form whatsoever, and in particular by exchanging emails between the Parties. Any such agreements shall be deemed to be unwritten.
4. PURPOSE AND CONTEXT OF AZEOO SERVICES
The purpose of these General Terms and Conditions of Use is to define the legal framework for the provision to Users (Athletes, Clubs and Coaches) by AZEOO, through its website www.azeoo.com or AZEOO mobile applications, of the various free and paid functionalities dedicated to sports training and nutrition under the name of AZEOO Services, which are in particular the following:
- Management of Athlete Profile, Coach or Club (User Profile)
- Access and creation of Online Sports Training Programs and Sessions
- Creation of a library of Youtube and/or Vimeo training videos
- Access to the Training Loger
- Access to the Nutrition Logger (* only available on Android version and only for french language)
- Obtaining Virtual Badges and Experience Points according to the Athlete’s use of the App
- Sharing of sports Activity, Performance and Training on the AZEOO Network and other Social Networks, subject to AZEOO interoperability
Some of the AZEOO Services are available for free, others are provided via a Premium Subscription or a “One Shot Purchase”. The conditions applicable to paid services are detailed in the specific contractual documents referred to in the previous Article.
In particular, AZEOO aims to provide consumers and professionals (Coaches and Clubs) with paid services that are subject to separate General Terms and Conditions of Services.
These General Terms and Conditions of Use govern the AZEOO Services accessible for free (“Freemium Offer”) by all Users, with the exception of Coaches and Clubs.
The AZEOO Services of the Freemium Offer for Athletes are:
- Complete Management of the Athlete Profile
- Integrated Intelligent Coach
- FREE Training Programs developed by AZEOO
- Training Programs created by Coaches and Clubs, shared with their Athlete Members or Clients
- FREE Training Session developed by AZEOO
- Training Logger
- Nutrition Logger (* only available on Android version and only for french language)
- Statistic History (limited to the last three months)
- Sharing of sports activity, Performance and Training on the AZEOO Network and other Social Networks, subject to AZEOO interoperability
- Definition of the Privacy Settings of the information distributed via the AZEOO Services
- Obtaining Virtual Badges and Experience Points based on the Athlete’s use of the App.
In addition to the Freemium Offer, Athletes have access to several Premium Subscription and One Shot Purchase packages (AZEOO Premium Athlete Services General Conditions).
Coaches have access to specific services that are the subject of a separate paid subscription (General Terms and Conditions of AZEOO Coach Services).
Clubs have access to specific services that are the subject of a separate paid subscription (General Terms and Conditions of AZEOO CLUB+ Services).
5. CONTRACT DURATION
These General Terms and Conditions of Use are concluded for an indefinite period of time, starting from the activation of the User’s Account. It may be terminated at the initiative of each Party at any time and without notice. The termination results in the deletion of the User Profile. The termination, for the User, is carried out via the AZEOO Services, by the feature of deleting the Profile.
After the termination of this contract for any reason whatsoever, the User’s data is kept for the period referred to in the AZEOO Personal Data Protection Policy.
6.1. Access to the functionalities of the AZEOO Services
AZEOO undertakes to implement the means allowing normal operation of access to AZEOO Services. He can’t be blamed for :
- The unavailability related to the usual maintenance of the AZEOO Services and their update
- Breakdowns due to the host, the Internet network or operator links linking the User, the host or AZEOO to the Internet network
- Unavailability resulting from a case of Force Majeure.
AZEOO reserves the right to change the AZEOO Services at any time.
6.2. Activation of AZEOO Services
The activation of the AZEOO Services constitutes the starting point for the execution of this contract.
The activation of the AZEOO Services consists in giving the User access to an Athlete, Coach or Club Profile depending on his situation at the time of creation, for an indefinite period.
To create his Profile, the User must follow the following procedures through AZEOO mobile applications:
- Via Facebook: the User, with the exception of Clubs, connects his Facebook account to the AZEOO Services, which automatically retrieve the information necessary for the execution of the AZEOO Services
- Via a traditional email registration: the User will fill in his personal information from the AZEOO mobile applications, with his name, first name, username and password. Upon receipt by AZEOO of this form, the User’s AZEOO Services will be activated.
6.3. Deactivation of AZEOO Services
Each User can, at any time, deactivate his User account via the AZEOO Mobile Applications. The deactivation of the User account has the effect of making the AZEOO services inaccessible to the User and of removing the User account from the AZEOO social network. This will prevent other Users from interacting with the User.
6.4 Compatibility and interoperability of AZEOO services
AZEOO cannot ensure or guarantee that the AZEOO Services will be compatible and/or interoperable with all hardware, software, services available on the market. To date, there is a very large number of connected materials, whether computers, smartphones, objects, etc., each based on a wide variety of technologies, operating systems and software that are constantly evolving.
As such, AZEOO makes its best effort to allow, as far as possible, interoperability and compatibility of AZEOO services with the most widely used third-party equipment and services on the market. However, under no circumstances, AZEOO may be held liable due to problems of compatibility of AZEOO services with third-party equipment and services.
The identifiers are unique, personal and strictly confidential.
AZEOO and the User undertake, each as far as it is concerned, to preserve its confidentiality. The User is solely responsible for its use.
Any use of identifiers is presumed to constitute use of the Profile by its User, which the User expressly accepts.
The User undertakes to notify AZEOO without delay of any theft or breach of the confidentiality of his identifiers, as well as any unauthorized use of his identifiers. In this case, the User must generate a new password via the AZEOO Services.
8. AGE AND LEGAL CAPACITY
The User may only use the AZEOO Services if he/she meets the age and/or legal capacity conditions in force in the State from which he/she wishes to access them, or if he/she has the authorisation of the person legally responsible for him/her, in accordance with the procedures in force in that State.
In the event that AZEOO learns of the use of the AZEOO Services by a person who does not meet these conditions, the Profile and all associated data will be deleted immediately and without notice, without giving rise to any right to compensation for the User.
By using the AZEOO Services, the User declares that he/she meets the age and legal capacity requirements in force in the State from which he/she accesses them, or is authorised by his/her legal representatives.
9. OBLIGATION OF THE PARTIES
9.1. User obligations
The User undertakes to complete his User Profile in good faith in accordance with his personal and professional situation: Athlete, Coach or Club.
The User undertakes to respect the normal conditions of use of the AZEOO Services, to read and strictly apply the instructions of AZEOO for the use of the AZEOO Services, in particular with regard to health and safety.
Under no circumstances, the User is authorized to access the services for the purpose of monitoring its availability, performance or operation, or for any other comparative or competitive evaluation purpose. Under no circumstances, the User is authorized to use identifiers assigned to other Users of the AZEOO Services.
It is strictly forbidden for the User:
- To broadcast through AZEOO Services content of a pornographic, obscene, offensive, threatening, harassing, hateful, murder, suicide, or discrimination nature that is defamatory, insulting, revisionist, racist, homophobic, advocating war crimes, child pornography, or illegal in any way whatsoever;
- To disseminate content that encourages or provides instructions regarding illegal activities, or encourages physical harm or violence against a specific group;
- To record on its Profile or the Profile of other Users files containing viruses, Trojan horses, worms, time bombs, cancellation robots, corrupted files or other software or Programs that may affect the proper functioning of the AZEOO Services;
- To distribute through the AZEOO Services any content that infringes the copyright, trademarks, trade secrets or intellectual property of any person;
- To broadcast through AZEOO Services any content that infringes on the image or privacy of others;
- To broadcast via the AZEOO Services any content encouraging proselytism and displaying the User’s religious and/or political beliefs;
- To use the AZEOO Services for professional purposes and in particular for advertising purposes without first having opened a Coach or Club Profile and accepted the AZEOO Coach Services General Conditions or the CLUB+ AZEOO Services General Conditions;
- To broadcast messages of an advertising or commercial nature from an Athlete Profile, and in general to divert in any way the functionalities of the AZEOO Services for a use which is not in accordance with the category of Profile that has been chosen by the User;
- In general, to publish content that may infringe the rights of third parties or be prejudicial to third parties in any way and in any form whatsoever.
AZEOO does not perform any prior moderation, selection, verification or control of any kind whatsoever on the content published by the User on the Services.
The User is the sole and only author and is responsible for the content that he or she publishes on the Services.
The User may report any illicit or abusive content by clicking on the “Report Abuse” tab provided for this purpose.
AZEOO, as a host of third party content, will be entitled to intervene to remove any content included by the User that does not comply with these GTC or with any regulations in force in one of the States where AZEOO Services are provided, and will also be entitled to obtain financial compensation for damages suffered as a result of the User’s wrongful behaviour.
The removal of illegal content by AZEOO will under no circumstances give rise to a right to compensation for the User.
9.2. AZEOO Obligations
AZEOO undertakes to respect, in the context of the execution of the present contract, the laws and regulations of the States from which Users access the AZEOO Services.
AZEOO is solely responsible for the corrective and evolutionary maintenance of the AZEOO Services.
AZEOO will therefore be held liable for ensuring corrective maintenance interventions in such a way as not to prevent or hinder access to the AZEOO Services beyond a reasonable period of time.
AZEOO undertakes to make regular backups of the data provided by Users.
In case of problems, the User can contact AZEOO by email at email@example.com
With regard to the content published by the User on the AZEOO Services, AZEOO will ensure a posteriori moderation. The moderation by AZEOO of the content published on the AZEOO website and the application consists in verifying that the content complies with the laws and regulations in force as well as the rules set forth herein, and may result in the deletion of content published by the User.
AZEOO therefore reserves the right to delete any content that does not comply with the present Terms and Conditions of Use, and in particular those that do not comply with the principles set out in 9.1.
10. HEALTH AND SAFETY
The User must use the content of the AZEOO Services in accordance with any instructions or security instructions that are given by AZEOO (for content provided by AZEOO), Coaches or Clubs in connection with the performance of the services.
Users are reminded that before any sporting practice, any User must first check with their attending physician to ensure that they are able to do so. The same applies before any change in nutritional habits. In addition, the regular practice of a sporting activity or the adoption of a nutritional program requires regular medical follow-up. The frequency of this monitoring must be specified by the attending physician of each User.
It is strictly forbidden for a User whose physical condition or state of health does not lend itself to a sporting practice or nutritional program to use the AZEOO Services
The AZEOO Services are not intended to replace medical advice, but only to bring together people who are passionate about sport and nutrition for purely aesthetic purposes and personal well-being. If the User encounters any medical contraindications, discomfort or other physical or psychological problems during his use of the AZEOO Services, he must immediately stop using the services and consult a health professional.
The User’s use of the functionalities of his Profile is under his sole responsibility. The User is informed that the content, in particular video content, that he or she broadcasts is intended to be published publicly, according to the settings that he or she has chosen, under his or her own responsibility. Consequently, the User is informed that the content that he wishes to keep private or confidential must not be disseminated on the Services.
The User is the sole responsible of the proper use of the Services, with discernment and good sense.
AZEOO is not responsible for the use made by the User of the AZEOO Services.
In particular, AZEOO’s liability can under no circumstances be sought in the event of misuse of the services or non-compliance with health and safety instructions by the User.
With regard to the publication by Users of content on the Services, AZEOO, as host of third party content, cannot be held responsible for content disseminated by Coaches or Clubs if, after having received notification or warning of the publication of manifestly illegal content, has promptly withdrawn or made impossible access to the said content on the Services.
AZEOO declares that it is insured for its professional civil liability with AXA France SA, policy number C-QO-5DB15938513B2, for all material and immaterial damages resulting from the execution of these General Terms and Conditions of Use by its staff or service providers.
To the extent permitted by law, AZEOO expressly excludes its responsibility for any damage, direct or indirect, resulting from misuse of the Services or from the actions of third parties. Consequently, AZEOO cannot be held liable in the event of :
- Deletion of data resulting from the User’s usage of AZEOO Services;
- Fraudulent use of the User’s identifiers by a third party or fraudulent access to hosted data;
- Loss of data resulting from the use of the AZEOO Services;
- Damage, including loss of profits, loss of use, business interruption or other losses resulting from the use of the AZEOO Services.
AZEOO undertakes to implement the means necessary for the proper operation of the Services. Nevertheless, to the extent permitted by law, AZEOO does not provide any guarantee, including but not limited to, that the Services will be free of anomalies or defects, errors or bugs, or that they will operate without failure or interruption, that they will operate in combination with any hardware, software, system or data or that the AZEOO Services will be free of viruses or any other harmful elements. It is the User’s responsibility to take all appropriate measures to protect its own hardware, data, and/or software stored on its IT equipment against any damage. The AZEOO Services and all their content are provided “as is”.
12. INTELLECTUAL PROPERTY
12.1. Ownership of AZEOO Services
The Services are protected by intellectual property rights (such as copyright, software rights, database producer rights, trademark rights and any other existing or future intellectual property rights) which belong to AZEOO or to third parties who have authorised AZEOO to use them.
This contract does not transfer any intellectual property rights to the User, with the exception of a personal right of access to the Services and use of the functionalities of the Profile, which is non-exclusive, non-transferable, limited exclusively to the use of the Services in compliance with the GCU and limited to the duration of use of the Services.
In particular, it is strictly forbidden for the User :
- To proceed to any form of reproduction or representation of the AZEOO Services, in whole or in part, in any form and by any means whatsoever, without the prior written consent of AZEOO;
- To copy, modify, assemble, decompile, modify, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Services, create derivative works based on the Services, or authorise a third party to commit such acts, without the prior written consent of AZEOO;
- To modify, alter, adapt or make any change of any nature whatsoever to the introduction and content of the Services, as well as to the brands, trade names, logos etc. affixed to the Services;
- To remove the mentions of identification and ownership of the Services;
- To intervene on the AZEOO Services in any way and for any reason whatsoever, including to correct errors, progressive and corrective maintenance being carried out by AZEOO or its subcontractors;
- To modify or attempt to bypass any protection device of the AZEOO Services.
Failure to comply with the provisions of this Article shall constitute an infringement of the intellectual property rights of AZEOO and/or third party licensors and may result in civil and criminal proceedings.
AZEOO expressly reserves the exclusive right to intervene on the AZEOO Services to enable it to be used in accordance with their destination and in particular to correct errors.
12.2. Ownership of the contents published by the User
The User may publish on the AZEOO Services, contents of which he is the author and/or contents of third parties.
The User guarantees to AZEOO that he or she is the holder of all rights, titles and authorisations on the intellectual property rights of the content (in particular video and images) published by him or her on the AZEOO Services (Application and/or AZEOO website), and that he or she respects the image rights of third parties.
With regard more particularly to the onboard videos published by Coaches and/or Clubs on the Services and communicated to their Athlete clients, the Coaches and/or Clubs guarantee AZEOO to respect the intellectual property rights and image rights of third parties:
- For the videos of which they are the authors, the Coaches and/or Clubs declare and guarantee that they are the holders of all the rights, titles and authorisations on the intellectual property rights of the videos published and that they have obtained all the authorisations for image rights necessary for the reproduction, representation and usage of these videos on the AZEOO Services, and more particularly on the Application and/or the AZEOO website, for the entire duration of use of the Services;
- For videos from third parties, the Coaches and/or Clubs declare and guarantee that they have obtained from the authors of the videos all necessary authorisations for the reproduction, representation and use of the videos on the Services, and more specifically on the Application and/or the AZEOO website, for the entire duration of use of the Services. The Coaches and/or Clubs also guarantee to AZEOO that they will use the videos in compliance with the moral rights of third party authors.
By publishing images or content, the User may consent, in accordance with the privacy settings that it will have determined, to the distribution of these images and content to the AZEOO Community and/or on the social networks of partner Applications. The User may stop sharing an image or content at any time by deleting it.
The User remains solely responsible for all published images and data content and for his or her sharing choices.
13. DATA PROTECTION ACT
AZEOO takes appropriate measures to ensure the protection and confidentiality of the personal information it holds, will hold, processes or will processes in compliance with the provisions of French law No 78-17 of 6 January 1978 on information technology and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
The processing of personal data is subject to a Personal Data Protection Policy accessible via the website www.azeoo.com or AZEOO mobile applications.
In application of law 78-17 of 6 January 1978 amended by law n°2018-493 of 20 June 2018, it is reminded that the personal data requested from the User are necessary for the processing of his subscription to the AZEOO Services in particular.
The processing of information communicated through the AZEOO Services meets the legal requirements for the protection of personal data, AZEOO using technologies ensuring optimal data protection.
The Data subjects, in the case of direct Users, their representatives or one of their employees, have, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to the information concerning them.
This right can be exercised by contacting AZEOO directly in accordance with the procedures set out in the Personal Data Protection Policy.
It is formally agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in these general terms and conditions, whatever the frequency and duration, shall not modify them or generate any right whatsoever.
AZEOO reserves the right to modify or update these Terms and Conditions of Use at any time.
In this event, AZEOO will notify Users of such changes by e-mail or by message displayed on the AZEOO Services before they take effect.
By continuing to use the AZEOO Services after any modification of these Terms and Conditions of Use and having been informed of these modifications, the User signifies his acceptance of these modifications.
16. FAIRNESS, GOOD FAITH, FORCE MAJEURE
Throughout the duration of these general terms and conditions, the Parties undertake to act in good faith with regard to their mutual contractual rights and to take all measures to achieve their objectives.
Consequently, each Party undertakes to inform the other Party without delay of any difficulty it may encounter in the performance of these general conditions.
All AZEOO’s obligations will be suspended in the event of force majeure and for the duration of the force majeure. The cases usually retained by French case law are considered as a forceful event, in particular:
- Blocking of means of transport for any reason whatsoever
- Total or partial strikes, internal or external to the company
- Company’s lockout
- Blocking of telecommunications
- Blocking of computer networks
17. PARTIAL INCAPACITY
In the event that one of the provisions of these General Terms and Conditions is declared null and void or inapplicable by the judicial authority of a State, the latter shall be ineffective only in that State and, for the sole reasons of difficulty, the provision shall retain all its admissible maximum scope by the law or the case law of that State.
The nullity or inapplicability of any of the provisions of these general conditions shall not invalidate the other provisions, which shall retain all their force and scope.
18. CONTRACT CIRCULATION
AZEOO is free to assign these General Terms and Conditions of Use to any third party of its choice at any time. In the event of a transfer of the present contract, the transfer will be made enforceable against the User by simple information transmitted by the third party transferee to the User by email.
AZEOO guarantees that the transferee will be subject to compliance with the commitments of the AZEOO Personal Data Protection Policy.
AZEOO shall be free to involve any subcontractors in the performance of this contract, in particular for the hosting of User data and content provided through the AZEOO Services.
20. APPLICABLE LEGISLATION, LANGUAGE, DISPUTE RESOLUTION
The General Terms and Conditions of Use are governed by the laws and regulations of the French Republic.
The General Terms and Conditions of Use are written in French. In the event that they are translated into one or more languages, only the original French text shall prevail in the event of a dispute.
In the event that a dispute arises between the Parties in the execution or interpretation of this Agreement, the Parties undertake to attempt to resolve it amicably in advance.
The consumer remains free to bring an action before the court of his choice at any time.
Mediation and conciliation are two methods of amicable conflict resolution involving a third party, the mediator and the conciliator.
Mediation is a method of conflict resolution that consists of accompanying the Parties and seeking the advice of a qualified third party, the mediator, a process freely accepted by the Parties. The mediator handles the case with both Parties, in his office, unlike the conciliator who can handle the case with only one of the Parties.
Conciliation consists of the intervention of a third party, the justice conciliator, who, after listening to the Parties and analysing their point of view, proposes a solution to settle their dispute. It is the last resort to try to obtain an amicable settlement of a dispute before initiating legal proceedings. It aims to seek a compromise between two opponents who have an interest in reconciling. Conciliators are voluntary auxiliaries to the judiciary, appointed by the First Presidents of the Court of Appeal, preferably from among persons with some legal experience. They are responsible, outside any legal proceedings, for helping their fellow citizens to settle disputes and may be referred to them, without any particular formality, by any consumer, during their duty at the level of the cantons. The task of conciliators is to bring the opponents together and lead them to discover the solution to their dispute themselves. The agreement of the Parties, if obtained, may be given concrete form by a statement of agreement which shall have the legal force of a contract. The court of first instance may enforce this statement of agreement if one of the Parties so requests. However, this must be achieved and completed quickly because the conciliation procedure does not interrupt or suspend the time limits for legal proceedings. To find out where they are, on what days and at what times they are on duty, you should contact the registry of the Court of Appeal or the town hall or on the Internet on the website of the Ministry of Justice.
In the event of a dispute, the most diligent Party may send the other Party a registered letter with acknowledgement of receipt to request an amicable resolution procedure for the dispute.
If the User is a consumer subject to French law, if he or she so wishes, he or she may also refer the case to the national consumer ombudsman responsible for Digital Commerce:
Fédération du e-commerce et de la vente à distance (FEVAD).
Adresse : 60 rue la Boétie – 75008 PARIS
Internet Website http://www.mediateurfevad.fr/
The User is informed that the mediator may only be brought before the User after having first attempted to resolve the dispute directly with AZEOO by means of a written complaint.
The time limit for referring the case to the mediator is one year from the date of the complaint.
If, at the end of a period of 90 days from the date of first submission of the registered letter referred to in the preceding paragraph, the Parties are unable to reach agreement, the dispute shall then be submitted, at the initiative of the most diligent Party, to the competent courts.
ANY DISPUTE ARISING FROM THE INTERPRETATION OR EXECUTION OF THESE GENERAL TERMS AND CONDITIONS OF USE SHALL FALL EXCLUSIVELY WITHIN THE JURISDICTION OF THE COMPETENT FRENCH COURTS, IN PARTICULAR FOR PROFESSIONALS WHO EXPRESSLY WAIVE THE BENEFIT OF ANY COURT OTHER THAN THOSE OF THE MONTPELLIER COURT OF FIRST INSTANCE. IF A MORE FAVOURABLE JURISDICTIONAL COMPETENCE APPLIES IMPERATIVELY TO THE USER BECAUSE OF HIS STATUS AS A CONSUMER, THEN, FAILING THIS, THE COMPETENT COURTS SHALL BE THOSE DESIGNATED BY THE LAWS, REGULATIONS AND INTERNATIONAL TREATIES IN FORCE. IF A CONFLICT OF JURISDICTION SHOULD ARISE, THE COMPETENT COURT WILL BE THE ONE CHOSEN BY AZEOO.