Terms & Conditions

1. Object

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The purpose of these general conditions is to define the terms and conditions of use of the services offered on the site (hereinafter: the “Services ”), ​​as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time by a direct link at the bottom of the site’s home page.

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.

2. Operator of the Services

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theplacetobe SAS can be contacted at the following coordinates:

Email address: [[email protected]]

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The Services are operated by theplacetobe SAS here represented by the term: “the service”

3. Access to the site and the Services

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The Services are accessible, subject to the restrictions provided for on the site:

to any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can access the Site and the Services only with the consent of his legal representative;

to any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

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4. Acceptance of general conditions

Acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these general conditions must not use the Services.

5. Registration on the site

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Use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the name of the User (hereafter: the “Account”), giving him access to a personal space (hereafter: the “Personal Space”) which allows to manage its use of the Services in a form and according to the technical means that “the service” deems the most appropriate to provide the said Services.

The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature.

He undertakes to update this information in his Personal Space in the event of any changes, so that it always meets the aforementioned criteria.

The User is informed and accepts that the information entered for the purposes of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.

The User can access his Personal Space at any time after having identified himself using his login ID and password.

The User agrees to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact “the service” at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes “the service” the right to take all appropriate measures in such a case.

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6 Description of Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that “the service” deems most appropriate.

7. Free services

The Services are provided free of charge.

Unless otherwise stated, they are expressed in euros and include all French taxes.

“the service” reserves the right, at its discretion and under terms of which it will be the sole judge, to propose promotional offers or price reductions.

Price revision
 

the price of Services may be subject to revision by “the service” at any time, at its discretion.

The User will be informed of these changes by “the service” by email with a notice of [60 days] at least before the entry into force of the new rates.

The User who does not accept the new prices must end his use of the Services in accordance with the terms set out in Article 18. Otherwise, he will be deemed to have accepted the new prices.

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  • Invoicing

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The Services are the subject of invoices which are communicated to the User by any useful means.

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  • Terms of payment

The terms of payment for the price of the Services are described on the site.

Payment is made by direct debit from the User’s credit card number.

The direct debit is implemented by the payment provider designated on the site, which alone keeps the User’s bank details for this purpose. “the service” does not keep any bank details.

The User guarantees to “the service” that he has the necessary authorizations to use the chosen payment method. He undertakes to take the necessary measures so that the automatic debit of the price of the Services can be carried out.

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  • Payment delays and incidents

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The User is informed and expressly accepts that any late payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice:

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  • the forfeiture of the term of all sums owed by the User and their immediate payment;

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  • the immediate suspension of the current Services until full payment of all amounts due by the User;

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8. Data

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The User expressly acknowledges and accepts:

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  • that the data collected on the site and on the computer equipment of “the service” is proof of the reality of the operations carried out within the framework of these presents;

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  • that these data constitute the only mode of proof accepted between the parties, in particular for the calculation of the sums due to “the service”

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The User can access this data in his Personal Space.

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9. Obligations of the User

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Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:

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  • The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

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In particular, he is solely responsible for the proper accomplishment of all formalities, in particular administrative, fiscal and / or social, and for all payments of contributions, taxes or duties of any kind incumbent upon him, if applicable, in connection with his use of the Services. The responsibility of “the service” can in no case be engaged in this respect.

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  • The User acknowledges having read on the site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.

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  • The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

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  • The User is also solely responsible for the relationships he may establish with other Users and for the information he communicates to them in the context of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his interactions with other Users, to respect the usual rules of politeness and courtesy.

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  • The User agrees to make strictly personal use of the Services. He therefore refrains from assigning, granting or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.

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  • The User agrees to provide “the service” with all the information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with “the service” for the proper execution of these conditions.

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  • The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify him on the site) that it disseminates as part of the Services (hereinafter referred to as: the “Content”).

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It guarantees “the service” that it has all the rights and authorizations necessary for the dissemination of such Content.

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He undertakes that the said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to put in game civil or criminal liability of “the service”

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The User is therefore prohibited from disseminating, in particular and without this list being exhaustive:

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  • Pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Content,
  • infringing Content,
  • Content that infringes the image of a third party,
  • Content that is false, deceptive or offers or promotes illegal, fraudulent or deceptive activities,
  • Content harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),
  • and more generally Content likely to infringe the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.

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  • The User acknowledges that the Services offer him an additional but not an alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.

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  • The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided to him.

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  • The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10. User Guarantee

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The User guarantees “the service” against all complaints, claims, actions and / or claims that “the service” could suffer as a result of the violation, by the User of any of its obligations or guarantees under these general conditions.

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He agrees to indemnify “the service” for any damage it may suffer and to pay it any costs, charges and / or sentences that it may have to bear as a result.

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11. Prohibited behavior

  • It is strictly forbidden to use the Services for the following purposes:

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  • the exercise of illegal, fraudulent or infringing activities on the rights or safety of third parties,
  • breach of public order or violation of applicable laws and regulations,
  • intrusion into a third party’s computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, violate its integrity or security,
  • the sending of unsolicited emails and / or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third-party site,
  • aiding or inciting, in any form and by any means, to one or more of the acts and activities described above,
  • and more generally any practice diverting the Services for purposes other than those for which they were designed.

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  • Users are strictly prohibited from copying and / or diverting for their own ends or those of third parties the concept, technologies or any other element of the “service” site

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  • The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of “the service” < / strong> (iii) any misappropriation of the site’s system resources, (iv) any actions likely to impose a disproportionate load on the site’s infrastructures, (v) any breaches of security and authentication measures, (vi) all acts likely to infringe the rights and financial, commercial or moral interests of tv- “the service” or of the users of its site, and finally more generally (vii) any breach of these general conditions .

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  • It is strictly forbidden to monetize, sell or grant all or part of access to the Services or to the site, as well as to the information hosted and / or shared there.

12. Penalties for breaches

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In the event of a breach of any of the provisions of these general conditions or more generally of a breach of the laws and regulations in force by a User, “the service” reserves the right to take any appropriate measure and in particular:

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  • suspend or terminate access to the Services of the User, author of the breach or offense, or having participated in it,
  • delete any content uploaded to the site,
  • publish on the site any information message that “the service” deems useful,
  • notify any relevant authority,
  • initiate any legal action.

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13. Liability and warranty

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  • “the service” undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

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  • “the service” has no knowledge of the Content put online by Users as part of the Services, on which it does not perform any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting provider.

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Consequently, “the service” cannot be held responsible for the Content, the authors of which are third parties, any possible complaint having to be directed in the first place to the author of the Content in question.

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Content prejudicial to a third party may be notified to “the service” in accordance with the terms provided for in article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, “the service” reserving the right to take the measures described in article 12.

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  • “the service” declines all responsibility in the event of any loss of information accessible in the User’s Personal Space, the latter having to save a copy and not being able to claim any compensation. as such.

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  • “the service” undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such , “the service” e reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, “the service” can not be held responsible for the difficulties or momentary impossibilities of access to the site which would have for origin of circumstances which are external to it, the force majeure, or which would be due to disruption of telecommunications networks.

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  • “the service” does not guarantee Users (i) that the Services, subject to constant research to improve in particular performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to their own personal constraints, will specifically meet their needs and expectations.

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  • In any event, the liability that may be incurred by “the service” hereunder is expressly limited to only proven direct damage suffered by the User.

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14. Intellectual property

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The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by “the service” within the site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of “the service ” are strictly prohibited and may be subject to legal action.

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15. Personal data

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“the service” practices a personal data protection policy, the characteristics of which are explained in the document entitled Confidentiality Charter” , including The user is expressly invited to take cognizance of the site.

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16. Advertising

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“the service” reserves the right to insert on any page of the site and in any communication to Users all advertising or promotional messages in a form and under conditions of which “the service” < / strong> will be the sole judge.

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17. Links and third-party sites

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“the service” can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User would access through the intermediary of the site.

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“the service” assumes no responsibility for the content, advertising, products and / or services available on such third party sites and mobile applications which are reminded that they are governed by their own conditions of use.

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“the service” is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User would be directed by the intermediary of the site and can not in any case be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

18. Duration of Services, unsubscription

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The Services are subscribed for an indefinite period.

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The User can unsubscribe from the Services at any time, by sending a request to this effect to by email, to the contact details mentioned in Article 2.

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The unsubscription is effective immediately. It results in the automatic deletion of the User’s Account.

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19. Changes

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“the service” reserves the right to modify these general conditions at any time.

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The User will be informed of these changes by any useful means.

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The User who does not accept the amended terms and conditions must unsubscribe from the Services in accordance with the terms set out in Article 18.

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Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

20. Language

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In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

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21. Applicable law and jurisdiction

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These general conditions are governed by French law.

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In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except for mandatory procedural rules to the contrary.

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22. Entry into force

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These general conditions entered into force on 06/26/2020