Legal notice for ProxiDoo mobile application and Website
ProxiDoo.com
Legal Notice
The ProxiDoo application
and its website ProxiDoo.com comply with the provisions of articles 6 - III and
19 of Law number 2004 - 575 of 21 June 2004 for the Trust in the digital
economy.
The ProxiDoo
mobile application and its website ProxiDoo.com are published by Boxofeast SAS,
with a capital of 30 000 €, a company listed in SIRENE under the registration
number 814 796 355 with the RCS de Evry and whose head office is located at 20
rue du Bicheriot, 91250 Tigery FRANCE
VAT number: FR 38 814796355
Registration in
the Trade and Companies Register: 814 796 355 RCS Evry
Contact
email : boxofeast@boxofeast.fr
Phone number : +33(0)607833443
Director of the
publication: Claude Demolis, President of Boxofeast SAS, available at
0607833443 or at boxofeast@boxofeast.fr.
Website hosting: Microsoft 39 Quai
du Président Roosevelt 92130 Issy-les-Moulineaux
Information concerning the
collection and processing of personal data (policy and declaration) is provided
in the personal data charter of the application.
Using cookies
The word
"Cookie" is used here in a broad sense and includes any file
deposited on the device of the user in order to identify it or to save
information permanently on the device.
A "Cookie" allows the identification of the user, the customization
of his consultation and the acceleration of the display of the application by
recording a data file on his device. The application is likely to use
"Cookies" mainly to 1) allow the application to memorize the actions
and settings of the users in the application, 2) obtain navigation statistics
to improve the experience of the User, and 3) allow access to a member account
and content that is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the
publisher to use it. The User can refuse the registration of
"Cookies" by changing the settings of his device or application, but
the publisher cannot guarantee that the application will work as expected and
will not take any responsibility in case of no -operating the application.
Means of opposing it:
You can disable
cookies by following the instructions as follows:
From Internet Explorer:
-
In Internet Explorer, click the Tools button,
and then click Internet Options.
-
On the General tab, under Browsing History,
click Settings.
-
Click the Show Files button.
-
Click the Name column header to sort all files
in alphabetical order, then browse through the list until you see files that
start with the Cookie prefix. (All cookies have this prefix and usually contain
the name of the website that created it.
-
Select them and delete them
-
Close the window that contains the list of
files, then click OK twice to return to Internet Explorer.
From Mozilla Firefox:
-
Go to the Tools tab of the browser and select
the Options menu.
-
In the window that appears, choose Privacy and
click Show Cookies.
-
Select them and delete them.
From Safari :
-
In your browser, choose Edit menu>
Preferences.
-
Click Security.
-
Click Show Cookies.
-
Select them and delete them.
-
After deleting, click Done.
From Google Chrome :
-
Click the Tools menu icon.
-
Select Options.
-
Click the Advanced Options tab and navigate to
the Privacy section.
-
Click the Show Cookies button.
-
Select them and delete them.
-
Click Close to return to your browser.
From other browsers:
Consult the help
section specific to this browser (usually accessible by clicking on the? Help
tab or by pressing the F1 key on your keyboard).
Third Party Cookie:
When you access the Proxidoo.com
site, one or more third-party cookies from partner companies may be placed on
your computer. The purpose of these is to manage the services rendered to you
on the Proxidoo.com website by our partners or in the case of tracking cookies
to identify your interests through the articles consulted on our site.
We inform you that Boxofeast SAS has
no access and cannot exercise any control over third-party cookies. However, we
make sure that the partner companies agree to treat the information collected
on the site Proxidoo.com and the mobile application ProxiDoo exclusively in
compliance with the Data Protection Act and amended by the law of August 6,
2004.
Terms of Use for Mobile Application and Website
Definitions
We will
designate thereafter:
'Application': the ProxiDoo application and all its pages and screens.
'Publisher': The person, moral or physical, responsible for the edition and the
content of the application.
'Website': The ProxiDoo website and
all of its pages.
'User': The mobile user visiting and using the application and the website.
Statements imposed by the law of
confidence in the digital economy and object of the application
This application and Website are published by Boxofeast
SAS.
Legal information concerning the publisher of the application and the website,
including contact details and any capital and registration information, are
provided in the legal notice of the application and the website.
Information concerning the collection and processing of personal data (policy
and declaration) is provided in the personal data charter of the application
and the website.
ProxiDoo allows users to quickly find activities and events for entertainment.
It allows creators and event organizers to publish their schedules so that they
are available to users.
The use of the application and the website implies acceptance by the user of
the entirety of these terms and conditions, which he acknowledges the same fact
to have fully understood. This acceptance will be deemed to have the same value
as a handwritten signature on the part of the user. The user recognizes the
proof value of the automatic registration systems of the publisher of the
application and the website and, except for him to provide evidence to the
contrary, he waives the challenge in case of dispute.
Acceptance of these terms and conditions assumes that users have the necessary
legal capacity for this. If the user is a minor or does not have this legal
capacity, he declares to have the authorization of a guardian, a curator or his
legal representative.
Account in the app and in the Website
The user creating an account on the application or on the
web site (member) has the possibility to access it by connecting through the
identifiers provided during his registration and by using systems such as
third-party network connection or social media buttons. The user is fully
responsible for protecting his chosen password. He is encouraged to use complex
passwords. In case of forgotten password, the user has the possibility to
generate a new one. This password constitutes the guarantee of the
confidentiality of the information contained in its account. The user is
therefore prohibited from transmitting it or communicating it to a third party.
In such case, the publisher of the application and the website will not be held
responsible for unauthorized access the user's account.
The publisher reserves the exclusive right to delete the account of any member
who has contravened these terms and conditions (in particular but without this
example being of any exhaustive nature, when a member knowingly provides
incorrect information during his registration) or any account that has been
inactive for at least one year. Such removal will not be likely to constitute
damage for the excluded member who cannot claim any compensation for this fact.
This exclusion is not exclusive of the possibility for the publisher to take
legal action against the member, when the facts justifies it.
Each member is free to close their account. 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.
Exemption from the
responsibility of the publisher in the execution of this contract
In case of impossibility of access to the application or
the website, due to technical problems or all kinds, the user will not be able
to claim damages and cannot claim any compensation.
The hypertext links on the application and the website may refer to other applications
or websites and the responsibility of the publisher of the application and the
website cannot be engaged if the content of these sites and applications
contravenes the laws in force. Similarly, the responsibility of the publisher
cannot be engaged if the use of these sites or applications, by the user,
caused him harm.
Intellectual property rights relating to the elements of
the application and the website
All elements of the application and the website belong to
the publisher or a third party agents, or are used by the publisher with the
authorization of their owner. Any copy of logos, textual, pictographic or video
content, without this enumeration being exhaustive, is strictly prohibited and
is similar to counterfeiting.
Any member who would be guilty of infringement would be liable to have his
account deleted without notice or compensation and without this deletion being
able to constitute damage to him, without reserve of possible subsequent legal
proceedings against him, on the initiative the publisher or his representative.
The present application uses elements (images, photographs, contents) whose
credits go to: the creators and organizers of events or the suppliers of
contents.
User contribution to content
Users are offered the opportunity to contribute content
accessible by the application or the website, through the publication of
comments or contents.
Contributors are informed that the publisher, represented by the moderators if
necessary, may choose to publish the contribution in question on ProxiDoo's
newsletters and on the sites of all its partners, with the publisher's
responsibility to quote the pseudonym of the author of the contribution. The
author therefore waives his rights to the content of the contributions, for the
benefit of the publisher, for any dissemination or use, even commercial and
this, of course, always in the respect of authorship.
Boxofeast prohibits any pornographic, racial, religious,
discriminatory, illegal, violent, deceptive or fraudulent publication.
Contributors must:
be minimum 18 years old.
not have been a convicted sex criminal.
not having had their account previously disabled
for non-compliance with our Terms and Conditions or our Policies.
not have violated any third-party rights,
including intellectual property rights.
Brands and trademarks
The brands and logos contained in the application and the
website are registered by Boxofeast, or possibly by one of its partners. Any
person proceeding to their representations, reproductions, nestings, diffusions
and reruns incurs the sanctions envisaged in articles L.713-2 and following of
the Code of the intellectual property.
Limitation of liability
The publisher of the application and the website,
especially in the online sales process, is bound only by an obligation of
means; its responsibility cannot be engaged for a damage resulting from the
application or the web site such as loss of data, intrusion, virus, rupture of
the service, or others.
The publisher of the ProxiDoo application and the website ProxiDoo.Com, cannot
be held responsible for the breach of the contract concluded, due to the
occurrence of an event of force majeure and especially in case of disasters
caused by floods or fires.
The user expressly admits to using the application or the website at his own
risk and under his exclusive responsibility. The application and the website
provide the user with information for information purposes, with imperfections,
errors, omissions, inaccuracies and other ambivalences that may exist. In any
case, Boxofeast cannot be held responsible for:
any direct or indirect damage, in particular
with respect to loss of profits, loss of profits, loss of customers, data that
may result from the use of the application or the website, or from the
impossibility of its use
a malfunction, a misuse of a user, a bad use, a
misuse of the user
the content of advertisements and other links or
external sources accessible by the user from the application or the website
Access to the application via Internet connection
The responsibility of the publisher cannot be engaged
because of a technical unavailability of the connection, that it is due in
particular to a case of force majeure, a maintenance, an update, a
modification, an intervention of the host, an internal or external strike, a
network failure, a power failure, or a bad configuration or use of the device
of the user.
Miscellaneous clauses
These general conditions are subject to the application of
French law. They may be modified at any time by the publisher or his agent. The
general conditions applicable to the user are those in force on the day of
purchase or connection to the application or the website. The publisher
obviously agrees to keep all its old general conditions and to send them to any
user who requests it.
Except for public policy provisions, any disputes that may arise in connection
with the execution of these terms and conditions may be submitted to the
publisher for an amicable settlement before any legal action. It is expressly
reminded that amicable settlement requests do not suspend the time limits for
taking legal action. Unless otherwise provided by public order, any legal
action relating to the execution of this contract shall be subject to the
jurisdiction of the courts of the jurisdiction of the Court of Appeal.
Framing conditions
If any provision of the Terms and Conditions is found to be
unlawful, void or for any other unenforceable reason, then that provision will
be deemed severable from the Terms and will not affect the validity and
enforceability of the remaining provisions. These conditions describe the
entire agreement between the user and the publisher. They replace all previous
or contemporary written or oral agreements. The terms and conditions are not
assignable, transferable or sublicable by the user himself.
A printed version of the Terms and any notices given in electronic form may be
requested in judicial or administrative proceedings in connection with the
general conditions. The parties agree that all correspondence relating to these
terms and conditions must be written in the French language.
Notifications
Any notice or notice concerning these general conditions,
the legal notices or the charter of personal data must be made in writing and
must be delivered by hand, registered or certified mail, by post or any other
nationally recognized courier service that allows to regularly follow its
packages, or by mail to the addresses indicated in the legal notice, specifying
your name, first name, contact information and subject of the notice.
Complaints
Any complaint related to the use of the application or the
website, the pages of the application or the website on any social networks or
the general conditions, legal notice or charter of personal data must be filed
within 365 days following the day of origin of the source complaint problem,
regardless of any law or rule of law to the contrary. In the event that such a
claim has not been filed within the next 365 days, such claim will be forever
inapplicable in court.
Inaccuracies
It may be possible, throughout the application and the
website and the products offered, and to a limited extent, inaccuracies or
errors, or information that is inconsistent with the general conditions, legal
notice or the charter of personal data. In addition, it is possible that
unauthorized changes are made by third parties on the application or the
website or on ancillary services (social networks ...). We make every effort to
ensure that such gaps are corrected.
In the event that such a situation eludes us, thank you to contact us by mail
or email to the addresses indicated in the legal notice of the application
with, if possible, a description of the error and the location (URL), as well
as sufficient information to enable us to contact you. For copyright
applications, please refer to the section on intellectual property.
Geolocation
In accordance with Article L. 34-1-V of the
Post and Electronic Communications Code, the application collecting location
data, it must allow the user to expressly agree during installation and modify
this choice later.
The use of the geolocation functionality of
the application and the website requires the prior express consent of the user
to be geolocated. For this the user will have to activate, if he wishes, the
function of geolocation directly in the settings of his mobile terminal and
accept that the application can use it. This feature can, at any time, and at
no cost, be disabled or enabled.
Thanks to the acceptance of GPS geolocation
function of the device and the application, the following services are offered
to the user: location of events and activities, local information, shops nearby
and others.
The device then calculates its own
position.
Disabling geolocation by the application
and / or geolocation of the device blocks the related services offered by the
application and the display of geo-targeted advertisements.
All Rights Reserved - September 10, 2019