PLEASE READ THE PRESENT TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES.
The Dropi, Inc. Company (hereinafter “our company”), with a registered office at 31/F Tower Two Times Square 1, Matheson Saint Causeway Bay, Hong Kong, is the holder of the exploitation rights of the applications called “DropiCheckout”, “DropiTheme”, “DropiSkip”, “DropiTrack”, “DropiPack” and “DropiOrders”, which allows companies, natural or legal persons (“User [s]”), who have previously opened an online store (“Store [s]”) on an electronic commerce platform (“Platform [s]”), to offer additional options on the platforms.
The User undertakes to respect the provisions of the consumer code, including its articles L121-1 and following regarding the forbidden commercial practices.
To that effect, the User undertakes in particular not to commit deceptive commercial practices as provided for in article L 121-2 of said code which provides:
“A commercial practice is deceptive if it is committed in one of the following circumstances:
1. When it creates a confusion with another good or another service, a brand, a trademark or another distinctive sign of a competitor;
2. When it is based on false or misleading allegations, indications or presentations related to one of the following elements:
a) The existence, availability or nature of the good or service;
b) The essential features of the good or service, namely its substantial qualities, its composition, its accessories, its origin, its quantity, its method or date of fabrication, the conditions of its use and its fitness to use, its properties and the expected results arising from its use, as well as the results and the main features of tests and controls performed on the good and service;
c) The price of its calculation method, the promotion nature of the price and the sale, payment and delivery conditions of the good or service;
d) The after-sale service, the necessity of a service, of separate part, of a replacement or of a repair;
e) The scope of the advertiser’s commitments, the nature, process or reason for the sale or provision of services;
f) The identity, the qualities and the fitness of the rights of the professional;
g) The treatment of claims and rights of the consumer;
3. When the person for which it is carried out is not clearly identified.
In addition, in compliance with legal and regulatory provisions in force and in compliance with the law about the freedom of press dated July 29, 1881, the User undertakes not to broadcast messages or information:
- Contrary to the public order and good morals;
- Damaging someone else’s honor or reputation;
- Inciting discrimination or hatred of a person or of a group of people based on their origin or on their belonging or non-belonging to a specific ethnic group, nation, race or religion;
- Inciting to commit a felony, a crime or a terrorism act, or promoting war crimes or crimes against humanity;
- Related to pedophilia;
- Inciting to suicide;
- Threatening a person or a group of people;
- Allowing third parties to acquire, directly or indirectly, hacked software, software serial numbers, software facilitating hacking and intrusion into computer and telecommunication systems, viruses and other logical bombs and, generally, any software or other that allow infringing to rights of others and to the security of people and property;
- Representing denigration against our Company, an e-commerce Platform or its providers or any User.”
In case of violation of the present article, our Company, beyond the right to delete the problematic content without any notice or compensation, reserves the possibility to suspend or suppress, without notice, the access of the User to the Services and Application.
Our Company also reserves the right to take legal actions against any User not respecting any of the provisions of these Terms of Service.
The list presented in the current article 2 is not limiting. The User also undertakes not to attempt to gain unauthorized access to the site, to collect without authorization information stocked on the site, its servers or other related computers, by any means non-purposely made available by our Company.
The Users also undertake to respect copyrights of documents integrated to their corpus. They undertake to guarantee our Company against any action from a third-party seeking responsibility for an action carried out by them.
Using the DropiCheckout tool to publish contents that would incite to violence against one person or a group of people based on their origin, sex, familial situation, pregnancy, physical appearance, name, health condition, handicap, genetic features, moral, sexual orientation, age, political opinions, union activities, belonging or non-belonging, proven or alleged, to a specific ethnic group, nation, race or religion is totally forbidden.
Regarding the provision of the Services, our Company can only be required to provide means.
Our responsibility could only potentially be sought in case of a proven fault and only after prior notification of the alleged fault by registered letter with a delivery confirmation to the address of our headquarters AND by email at the address email@example.com, to which we have not responded within a delay of 40 days from the receipt of this notice.
In addition, the User acknowledges that our responsibility could not incur under any circumstances:
- In the case of temporarily being unable to access the Services due to maintenance or upgrade operations of said Services;
- In the case of malfunction of interruption of transmission networks or of the computer equipment of the Users;
- In the case of viral attacks;
- In the case of abnormal use or of an exploitation that is illegal or against these ToS;
- Related to the contents of third-party Internet sites towards which lead links present or generated by the Application;
- In the case of non-respect by the Users of the present ToS;
- In the case of delay or of non-execution by the Company of its obligations, when the cause of the delay or of the non-execution is linked to a force majeure situation;
- In the case of a foreign cause not the fault of our Company;
- In the case of illegal action from the User.
We also draw the attention of the Users on the fact that the current communication protocols through the Internet do not allow to ensure, in an absolute and continuous manner, the transmission of electronic exchanges (messages, documents, identity of the sender or of the recipient). Thus, we decline any responsibility in case of data loss, intrusions, viruses, interruption of the Services or other problems foreign to the said Services.
In addition, by the very nature of the Internet network (interconnection of a multitude of stakeholders, independent of each other), our Company can in no way guarantee the global working from end to end and, thus, cannot be held responsible for any prejudice of which it is not the source.
In no case could the responsibility of our Company be sought, whatever the type of action brought, for indirect damages of any kind, as examples, and without this list being exhaustive: for any financial or commercial prejudice, loss of profit, commercial problems, reduction of the conversion rate, loss of earnings, prejudice from a third-party or action brought by a third-party against the User as well as their consequences, linked to the present document or its execution.
The User is the sole responsible for any prejudice, direct or indirect, material or immaterial, caused by himself to our Company or to third parties as a result of its use of the Service.
It is expressively agreed that the provisions of the present clause will continue to apply, even with an amicable or judicial resolution.
Publications presented on the User’s Store are totally under their responsibility. Our Company denies any responsibility related to their contents. It is the User’s own responsibility to ensure they are in compliance with the legislation in place.
Finally, the User is the sole manager of their payment accounts. It is expressively agreed that the management, operation, surveillance, deactivation of those payment accounts remain under its entire responsibility.
Our Company could not be held responsible or be considered at fault to the present ToS, for any delay or non-execution when the cause of that delay or non-execution is linked to a case of force majeure as defined in the applicable laws and regulations as well as the competent tribunals, including in case of a computer attack, of non-availability of equipment, supplies, spare parts, personal equipment or others; and of interruption, suspension, reduction or other issues related to electricity and electronic communications networks, as well as in the event of any circumstance or event outside the will of our Company, occurring after the installation and preventing the execution of the Service in normal conditions.
We precise that, in such a situation, the User cannot claim any compensation and cannot file any action against our Company.
The elements making up the Services of the Dropi Applications are the exclusive property of our Company who holds in that regard the integrality of the intellectual property and exploitation rights.
The brands, logos, designs, slogans, graphics, photographs, animations, videos, analyses, images, sounds, software solutions, applications, texts and any other content of the Application or of the Services belong to our Company and/or its partners. Consequently, they cannot, without that being exhaustive, be copied, reproduced, used or represented, distributed, translated or delivered to a third party, partially or integrally, by any means whatsoever, without the prior written authorization of our Company, or face legal action.
In particular, it is forbidden to:
— Reproduce, for commercial purposes or not, elements present or proposed within the Service;
— Integrate the content, in full or in part, of the Service in third-party site or application, for commercial purposes or not;
— Use a robot, in particular for exploration (spider), website search or retrieving applications or any other means allowing the extraction, reuse or index, in part or in totality, the contents of the Service;
— Collect information about Users to send them unsolicited messages and/or integrate them to a referencing or similar service, free or paid;
— Extract, by permanent or temporary transfer, the entirety of part of the content of the Service to another media, by any means or under any form whatsoever;
— Reuse all or part of the Service’s content, in any form, by making all or part of the Service’s content available to the public;
— Introduce, by any means whatsoever, data susceptible to change or alter the content or the presentation of the Service beyond what is strictly required for the needs of said Service.
Any possible personal data collected from the Users will be subject to a computer processing carried out by our Company. The data is recorded in our client file and are essential to the realization of the Services. This information and personal data are also kept for security purposes, in order to respect legal and regulatory obligations. They will be kept as long as required for the execution of the services and, more generally, for the proper follow-up of the contractual relationship.
Our Company is responsible for the processing of the data. The access to the personal data will be strictly limited to employees of the responsible for the processing, allowed to process it based on their functions. The collected information could be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without requiring the User’s authorization.
For the execution of their services, the third-parties will have only limited access to the data and have the obligation to use them in compliance with the applicable legislation related to protecting personal data. Beyond the cases mentioned above, our Company forbids itself to sell, rent, cease or give access to third parties to the data without a prior authorization of the User, unless forced to do so because of a legitimate reason.
If the data is to be transferred outside the EU, the Users will be informed of the fact and of the measures taken to keep their data safe (for example, the external provider’s adherence to the Privacy Shield, the adoption of standard protection clauses validated by the CNIL, the adoption of a code of conduct, getting CNIL certification, etc.) will be provided to them.
To find together a solution to any dispute that may arise in the execution of the present contract, the parties agree to meet or to try to meet physically or by videoconference within thirty days of the receipt of an email to the address firstname.lastname@example.org AND of a registered letter with delivery confirmation, notified by either of the parties at the headquarters of the other party.
The current procedure of amicable resolution represents a mandatory step prior to introducing a legal action between the parties. Any legal action introduced in violation of the current clause would be declared inadmissible.
However, if, after the thirty-day period, the parties cannot agree to a compromise or a solution, the dispute would then be submitted to the following competent jurisdiction.