Terms & Conditions
CONDITIONS OF USE OF GILOO SERVICES - Version JUNE 2021
1. PURPOSE
The purpose of these Terms of Use (hereinafter referred to as the "TOU") is to define (i) the conditions of use of the GILOO Services and (ii) the rights and obligations of GILOO and the User.
The web and mobile application Services are provided to the User on the basis of a subscription taken out by the establishment's management (or franchise) and are accessible via a login and password specifically created for each User.
2. CONDITIONS OF ACCESS TO SERVICES
2.1 Any User may access GILOO services by means of a login and password specifically created for each user. By using the functionalities available on the GILOO.fr Site, the User acknowledges having read and accepted these Terms of Use without reservation.
2.2 Any User who creates a User Account undertakes to comply, without reservation, with these TU. The User expressly accepts the TU without restriction or reservation when creating a User Account. The creation of a User Account implies the User's full acceptance of the Agreement.
2.3 If the User does not agree with all or part of the TU, the User must not use the Services.
The TU are applicable from their acceptance by the User for an indefinite period and until the termination of the Contract for Users with a User Account.
CAPACITY: Use of the Services is reserved for natural person Users employed by the customer establishment in accordance with French and European law.
3. CREATING A USER ACCOUNT
In order to benefit from GILOO Services, the User must create an online User Account. When creating a User Account, the User undertakes to provide accurate and complete information about his/her identity as requested in the online form. In particular, the User undertakes not to create a false identity likely to mislead GILOO and third parties and not to usurp the identity of another person. The User undertakes to update immediately, in the event of any modification, the data communicated when first connecting to his/her User Account.
After validation of the TU and creation of the User's Account, the User will receive a confirmation e-mail at the address provided. It is the User's responsibility to check that the e-mail address entered is correct when creating their Account.
In the event that the User provides information that is false, inaccurate, out of date, incomplete or misleading, GILOO may, immediately and without notice or compensation, suspend access to the User Account and deny the User access, temporarily or permanently, to all or part of the Services.
4. TECHNICAL SPECIFICATIONS FOR SERVICE ACCESS
The User Account includes in particular the Identifiers entrusted to the User by GILOO. The User undertakes to keep these secret and not to divulge them in any form whatsoever. If one of the User's identification elements is lost or stolen, the User must inform GILOO without delay, which will then immediately cancel and/or update the Identifier concerned.
The User is solely responsible for the use made of his Identifiers, in particular if he pre-records his Identifier on a piece of equipment, thus enabling automatic connection to the Services.
Any access, use of the Services and transmission of data made from the User Account will be deemed to have been made by the User. In this respect, the User is responsible for ensuring that at the end of each session he/she effectively disconnects from the Services, in particular when accessing the Services from a public computer.
Any loss, misappropriation or unauthorized use of a User's Identifiers and the consequences thereof are the sole responsibility of that User. In all the aforementioned cases, the User is required to notify GILOO without delay by e-mail, specifying its Identifiers, surname and first names at the following address: contact@giloo.fr, so that GILOO can reset the User's Account.
5. SMS AND E-MAILS SENT TO THE USER
SMS/email messages are sent by GILOO to the User for information purposes concerning the application. GILOO declines all responsibility in the event of non-receipt of an SMS or e-mail for technical reasons beyond its control.
GILOO declines all responsibility in the event of an error in the User's contact details making it impossible to send any SMS or e-mail required for the Service to function correctly.
6. GILOO'S OBLIGATIONS, LIABILITY AND WARRANTIES
GILOO implements the means and measures necessary for the smooth running and maintenance of the continuity and quality of the Services.
The User acknowledges that GILOO's role is limited to that of a mere intermediary and technical service provider.
The User acknowledges that GILOO cannot be held responsible for any interruption of Services or delay in performance beyond its control and, in particular, that the provision of Services depends on the reliability, availability and continuity of connections from a number of third parties (telecommunications network operators, the public Internet, the User's Equipment, etc.) as well as on the accuracy and integrity of User Data. GILOO may be required to suspend the Services for the purposes of scheduled maintenance by GILOO or one of its subcontractors or in the event of technical imperatives (emergency maintenance).
It is understood between the Parties that GILOO shall not under any circumstances be held liable to compensate for any indirect damage suffered by Users as a result of using the Services.
Furthermore, GILOO may not be held liable for acts (i) resulting from an act or negligence on the part of the User or (ii) which do not comply with applicable regulations and/or the Contract. GILOO declines all liability in the event of a dispute, whatever the cause, between Users, not attributable to GILOO.
7. GENERAL OBLIGATIONS OF THE USER
7.1 The User agrees to :
(i) comply with the terms of the Contract;
(ii) to make available to GILOO, without this being limitative, all supporting documents enabling the User Data to be certified;
(iii) communicate to GILOO, within the agreed deadlines, all information necessary for the provision of the Services and update the User Data in writing. The User shall be solely liable for the consequences of any failure or delay in updating said Data;
(iv) verify that the Equipment required for the use of the Services and used complies with the technical requirements communicated to him; The supply, installation and maintenance of the Equipment as well as the electronic communications costs (such as telephone and Internet access costs) resulting from their use are the sole responsibility of the User. It is the User's responsibility to obtain information on the cost of using said Equipment and services from the operators concerned;
(v) protect against the risk of loss or piracy of data, files and programs by using regularly updated antivirus software;
(vi) restrict access and observe the utmost confidentiality with respect to any and all modes of access to the Services, and generally secure such modes of access in order to prevent unauthorized use of the Services;
(vii) use the Services in compliance with the laws and regulations applicable to the Contract;
(viii) not to use the Services in a way that is likely to damage GILOO's reputation;
(ix) that the User Data communicated when using the Services does not prejudice the rights of third parties and that he/she is authorized to distribute such User Data.
7.2 By Elsewhere, the User :
(a) is responsible for (i) the use it makes of the Services, (ii) the User Data it enters on the Application and (iii) the use thereof by GILOO ;
(b) indemnify GILOO and its representatives against all costs (including legal fees, costs and expenses) and damages relating to claims and legal actions relating to (i) the use of the Services by the User in an illegal, immoral or fraudulent manner, or outside the Contract; (ii) the User Data provided by the User and its use by GILOO and its Assistants; (iii) the infringement of the Intellectual Property rights of GILOO or any third party, as a result of the use of the Services by the User.
8. INTELLECTUAL PROPERTY
The GILOO Services and all the elements of which they are composed are, unless otherwise stated, the exclusive property of GILOO.
Nothing in this Agreement shall be construed as an assignment of any Intellectual Property rights.
GILOO grants the User, for the duration of the Agreement, a personal, non-exclusive, non-assignable and non-transferable right to use the GILOO application. The User undertakes not to (i) attempt to access or copy the source codes of the GILOO application; (ii) use the GILOO application for any purpose other than that of using the Services; (iii) create copies of the GILOO application; (iv) reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), incorporate the GILOO application into other software or create derivative works based on the GILOO application in any medium whatsoever; (v) resell, rent, or commercially exploit the GILOO application, or transfer/assign the GILOO application to a third party; (vi) perform penetration tests or attempt to obtain a denial of service on the Services.
The User acknowledges that any violation of this article constitutes an act of infringement punishable under civil and criminal law.
The User understands and agrees that the GILOO application is not intended to meet any particular requirement whatsoever on his part and is provided "as is". To the extent permitted by law, GILOO excludes all warranties of any kind.
9. SUSPENSION
9.1 - Suspension with notice
In the event of (i) non-compliance by the User with the stipulations of the Contract or (ii) behaviour by the User likely to cause prejudice to GILOO and/or other Users, or (iii) violation of the laws and regulations in force, GILOO will give notice to the User by any means to remedy the fault(s) imputed within a period of seven (7) days following the date of notification before proceeding ipso jure to suspend or limit the User's access to all or part of the Services.
9.2 - Suspension without notice
In the event of serious danger - whether foreseen or proven - to the reputation of GILOO, GILOO may suspend or limit the User's access to all or part of the Services without prior notice. The User will be informed of such suspension by any means.
GILOO will unilaterally decide what action to take following suspension of the Contract.
9.3 - Consequences of suspension
During the period of suspension of access to the Services, Users may exercise their rights in respect of their Personal Data, in accordance with the "User rights" article of the Personal Data Protection Policy.
GILOO shall not be liable for any damages resulting from the suspension of the Services pursuant to this section.
10. TERMINATION
10.1 Termination by GILOO
The User acknowledges that it has been informed that all or part of the Services may be terminated by GILOO, without the latter having to justify its decision and without compensation. In this case, the User is informed that GILOO must give one (1) month's notice.
Furthermore, in the event of serious misconduct on the part of the User, such as the use of one or more Services (a) contrary to the stipulations of the Contract, (b) contrary to laws and regulations (c) likely to damage the reputation of GILOO or the physical or mental integrity of another User, GILOO may terminate, by any means, all or part of the Services with seven (7) days' notice as from the effective suspension and without compensation.
10.2 Termination by the User
The User may terminate the Contract at any time by requesting the deletion of his User Account at contact@giloo.fr.
In accordance with the User's right to the portability of personal data, the User may retrieve such data in CSV or Excel format prior to any deletion of his/her User Account. The User acknowledges that he/she has all the rights and/or authorizations required to retrieve the aforementioned data.
10.3 Consequences of termination
Any termination of the Agreement by either GILOO or the User shall automatically result in (i) the termination of the User's right of access to the Services, (ii) the deletion or anonymization of all User Data.
GILOO is nevertheless authorized to retain a copy of the Confidential Information for any purpose imposed by applicable law.
11. PROTECTION OF PERSONAL DATA
The Personal Data protection policy available on GILOO.fr describes the respective roles and obligations of the User and GILOO concerning the processing of Personal Data in the context of the performance of the Services. By accepting these TU, the User and GILOO undertake to comply with the terms and conditions of the said Agreement.
12. COOKIES
GILOO expressly invites the User to consult its Cookie Policy, which forms an integral part of these TU.
13. DATA TRANSFER TO THE APPLICATION
The User expressly authorises GILOO to transfer to the GILOO application any User Data necessary for the full use of the Services provided by GILOO.
14. FORCE MAJEURE
The Parties consider as cases of force majeure, situations whose constitutive elements are characterized within the meaning of article 1218 of the Civil Code and the case law of the Cour de cassation. In the event of such an event, the affected party must immediately inform the other party in writing. Force majeure suspends the obligations of the Party concerned for the duration of the event. Nevertheless, the Parties shall endeavor to minimize the consequences as far as possible. If an event of force majeure renders one of the Parties unable to fulfill its contractual obligations under the Contract for more than thirty (30) consecutive days, either Party may terminate the Contract by sending a registered letter with acknowledgement of receipt. The Parties will then no longer be bound by their obligations, with the particular exception of those resulting from the "Intellectual Property", "Confidentiality", "Protection of Personal Data" and "Liability" articles herein, without any indemnity or penalty whatsoever being due on either side.
15. MISCELLANEOUS
15.1 Waiver: failure by either Party to invoke one or more of the provisions of the Agreement shall in no way imply a waiver by that Party of its right to invoke such provision(s) at a later date.
15.2 Partial nullity: in the event that certain stipulations of the Contract should be inapplicable for any reason whatsoever, including by reason of an applicable law or regulation, GILOO and the User shall remain bound by the other stipulations of the Contract and shall endeavour to remedy the inapplicable clauses in the same spirit as that which governed their conclusion.
15.3 Agreement of proof: the Parties expressly agree that any document signed dematerially within the framework of the Contract (i) constitutes the original of the said document; (ii) has the same probative value as a handwritten document signed on paper and may be validly set up against the Parties; (iii) may be produced in court, as literal proof, in the event of litigation. Consequently, the Parties acknowledge that any document signed in electronic form is proof of the content of said document, of the identity of the signatory and of his consent to the obligations and consequences of fact and law arising from the document signed in electronic form. Termination or expiry of the Contract shall not affect the probative value of documents signed in electronic form prior to the date of termination/expiry.
15.4 Means of proof: In order to establish (proven or supposed) damage to GILOO's reputation, GILOO may rely on messages sent to GILOO that it has previously anonymized in order to guarantee the confidentiality of their exchanges, as long as the content of the messages does not allow them to be identified.
15.5 Feedback: If a User provides feedback to GILOO regarding the functionality or performance of the Services (including the identification of errors or improvements), the User agrees to grant to GILOO without restriction or payment, all right, title and interest therein.
15.6 Rights and permissions: Each Party declares that it has the necessary rights and permissions to enter into the Contract and to perform the obligations mentioned therein.
15.7 Independence: It is perfectly clear between the Parties that each of them is acting herein as an independent contractor and that neither Party shall be considered as the employee, agent, distributor, principal or representative of the other Party.
15.8 Changes to the TU: The User acknowledges and agrees that the version of the TU that is online at the time of access to the Site and/or use of the Services shall prevail. The User must therefore refer to the version of the TU online at the time of access and use in question.
GILOO is free to modify these TU at any time, in particular in order to take into account any changes to the Site, the Application and/or its Services, as well as any legal, regulatory, jurisprudential and/or technical developments or constraints. In the event of significant modification(s) to the Site, the Application, the Services and/or their terms and conditions of access and use, GILOO will inform the User by any means and with reasonable notice.
15.9 Technical support and assistance: GILOO provides the User with a telephone assistance service accessible at the following number: 06.76.21.89.15. The helpline's opening hours are as follows: 9am to 6pm on working days excluding public holidays. These times may vary in the event of exceptional circumstances.
15.10 Satisfaction surveys: GILOO reserves the right to send occasional satisfaction surveys by e-mail to any User in order to assess the quality of GILOO's Services. The User is under no obligation to GILOO to respond to such surveys.
15.11 Complaints management: The User may send any complaint relating to the use of the Services to the following address: contact@giloo.fr
15.12 Anti-corruption: As part of the activities associated with the Contract or in connection with the relationship between GILOO and the User, GILOO and the User undertake to comply with French and European legal and regulatory provisions, as well as internationally recognized principles relating to the fight against corruption.
15.13 Minimization of damage: The Parties shall endeavor to achieve the objectives mentioned in the Contract. In particular, the Party suffering from the non-performance of an obligation must take all reasonable measures to minimize the loss likely to result therefrom. If it fails to do so, it can only obtain compensation from the other party for the loss it could not have avoided.
15.14 Test: Access to the Services in test mode is subject to the User's prior acceptance of these Terms of Use. Test services are also provided "as is" without assistance or any express or implied warranty of any kind whatsoever.
15.15 Interpretation: Words in the singular include the plural and vice versa. A reference to a document, standard, legislative provision, code or any other document implies any modification or updating of this document, standard, legislative provision or code. Any reference to a sum of money refers to the currency euro. Any reference to a document, standard, legislative provision, code or any other document implies any modification or updating of this document, standard, legislative provision or code.
15.16 Third Party Sites: GILOO is not responsible for the operation, quality of information and content of Third Party Sites over which GILOO has no control but to which the Services may link.
16. LEGAL INFORMATION
GILOO Services are operated by NERCH IT, a simplified joint stock company registered with the Bayonne Trade and Companies Register under number 89993119000016, whose registered office is located at 131 Rue de la Chapelle, 64210 Bidart and whose intra-community VAT number is FR51899931190.
Director of publication: Mr Thibault SERGENT, Chairman.
17. AMICABLE SETTLEMENT - APPLICABLE LAW AND JURISDICTION
By browsing the Site or using the GILOO Services, the User submits to French law.
Before taking any legal action, GILOO and the User shall seek, in good faith, to settle amicably any disputes relating to the validity, interpretation, performance or non-performance, interruption, termination or denunciation of these Terms of Use, for whatever reason and on whatever basis. GILOO and the User shall meet in order to compare their points of view and make any useful observations to enable them to find a solution to the dispute between them.
GILOO and the User will endeavour to reach an amicable agreement within thirty (30) days of notification by one of them of the need for an amicable agreement, by registered letter with acknowledgement of receipt. Except to preserve their right of action or to avoid imminent damage, no legal action shall be admissible until the present procedure for amicable settlement of disputes has been fully complied with.
Any difficulties relating to the validity, application or interpretation of the Contract shall be submitted, failing amicable agreement, to the jurisdiction of the competent Courts in accordance with French law.