TERMS & CONDITIONS OF USE

Version: en-1.0 date: 01/08/2019

Legal mentions

Company : ZAPPIK, 5 ave du Gal de Gaulle 94160 SAINT-MANDE SAS Capital social de 100€ - Numéro de TVA: FR46852838044 – RCS CRETEIL 852838044
Director of publication : Rabaté Denis – 0977197070
Webmaster : Mickael Faivre-Maçon – admin-at-zappik-com
Hosting : ovh – 2 rue Kellermann 59100 Roubaix 1007 France
DPO : Rabaté Denis – 0033977197070

1. PREAMBLE

ZAPPIK Method is an agile management methodology for projects developed and improved since 2010. This method addresses the problem of operational execution in companies.

ZAPPIK is a web platform operated by ZAPPIK SAS, 5 Avenue General de Gaulle 94160 Saint-Mandé FRANCE, that, in the name and on behalf of the CUSTOMER, provides the organizational interface with PROVIDRS having the required know-how and skills in specific areas to help him express his needs, plan and budget his project, and monitor its good development.

ZAPPIK is thus positioned as the promoter of an original method of collaboration, the supplier of dematerialized organizational tools facilitating the relation between CUSTOMERS and providers. ZAPPIK.COM acts as an agent relieving the CUSTOMER from all the organizational constraints in terms of conducting his project.

ZAPPIK facilitates the matching between the need for advice and project support and qualified skills that allow it to succeed effectively.

2. DEFINITIONS

TERMS: means the current Terms and Conditions of use of zappik.com

CUSTOMER: means a professional subscribing to the SERVICES of zappik.com

CONTRIBUTION: any writing or data produced by a USER to benefit to other USERS of the WEBSITE or PLATFORM.

METHOD: refers to ZAPPIK Method as detailled here: http://zappik.com/zappik-method/

PLATFORM: all dematerialized SERVICES on the WEB offered by on zappik.com

PROVIDER: refers to a professional USER providing a SERVICE to a CUSTOMER on the PLATFORM.

SERVICE: refers to a service performed by a PROVIDER chosen to intervene on a CUSTOMER's project; BENEFITS are always intangible (SERVICE subscription, software license, application hosting, etc.) and remotely operable.

PROFILE: all the information provided and maintained up to date by a USER when registering on zappik.com

PROJECT: needs of the CUSTOMER expressed at the start of the collaboration, qualified by the PROJECT MAESTRO and put into execution via the PLATFORM.

PROJECT MAESTRO : professional with a profile on the PLATFORM and offering to provide the CUSTOMER soliciting support in agile management of projects, advice and analysis in his area of expertise in exchange for a predefined pricing.

WEBSITE: set of organized pages intended to be viewed on the web at the domain name zappik.com

USER: any professional creating a PROFILE on zappik.com and using features provided by the WEB PLATFORM.

PROJECT MANAGEMENT: all the functionalities proposed on the PLATFORM allowing the PROJECT MAESTRO and the CUSTOMER to organize and monitor a PROJECT on the WEBSITE.

3. SUBJECT

The purpose of these terms and conditions is to define the rights and duties of any USER of the PLATFORM or WEBSITE (be it a CUSTOMER, a PROJECT MAESTRO or a PROVIDER) and ZAPPIK within the framework of the exploitation of functionalities and SERVICES made available on the PLATFORM or the WEBSITE by ZAPPIK and the missions entrusted by mandate to ZAPPIK.

4. KEYNOTES ABOUT ZAPPIK METHOD

4.1 ZAPPIK method is an agile methodology for projects management that ensures the smooth execution of professional projects. The METHOD is detailed on the WEBSITE. By accepting the present terms and conditions of use, the USER is irrefutably deemed to have read the METHOD and accepting its principle in the context of the use of the SERVICES proposed on the PLATFORM.

4.2 ZAPPIK METHOD is protected by the Intellectual Property laws. Any reproduction of the METHOD outside the PLATFORM and / or a partnership duly ratified with ZAPPIK is formally prohibited.

4.3 No one may use the SERVICES of the PLATFORM without complying strictly with the METHOD.

4.4 The METHOD is a so-called "agile" method that allows the CLIENT to express and modify his needs, and to order the resources he deems necessary and appropriate at any moment during the duration of his PROJECT. The materialization of the PROJECT by the successive achievements of SERVICES by PROVIDERS makes it possible to better identify the shortcomings or the assets of the initial PROJECT in order to allow the CUSTOMER to adapt its requests to perfect the desired result.

4.5 The CUSTOMER after having read the METHOD considers that it meets his needs, in regard to the possibility that he is thus offered to adapt the progress of his PROJECT to the evolution of his needs and to end it at any time.

4.6 The CUSTOMER may decide to change his PROJECT MAESTRO at any time.

5. DESTINATION

5.1 The PLATFORM is a solution reserved to professionals.

5.2 No one may use the SERVICES of the PLATFORM if he is an individual.

5.3 The USER declares to be a professional and therefore expressly waives the right to use the rules of individual consumer law in case of litigation.

6. CONCLUSION OF THE ELECTRONIC CONTRACT

6.1 By subscribing the offer proposed online by ZAPPIK the USER enters into a contract in electronic form.

6.2 ZAPPIK acknowledges receipt without undue delay and electronically of the subscription made.

6.3 The order, the confirmation of acceptance of the offer and the acknowledgment of receipt are irrefutably considered as received when the CUSTOMER to whom they are addressed may have access to it.

6.4 The transactions carried out on the PLATFORM are carried out thanks to STRIPE (stripe.com)

6.5 In the event of a dispute, only the electronic records containing the exchanges between the parties, held on zappik.com and kept in conditions that guarantee their integrity, shall be authentic.

7. EVOLUTION OF THE TERMS AND CONDITIONS

7.1 ZAPPIK reserves the right to modify the TERMS at any time.

7.2 The USER is informed of their evolution by e-mail sent to the e-mail address he has entered in his PROFILE.

7.3 He may be invited to accept these changes before he can access his PROFILE and the SERVICES offered on the PLATFORM again.

8. USER REGISTRATION CONDITIONS

8.1 The right of access gained by the USER is a personal right which can not be transferred to a third party.

8.2 The USER submits his registration request via a dedicated form.

8.3 ZAPPIK remains free in all circumstances to refuse the registration of a USER on the WEBSITE in a discretionary way.

9. MANDATE

9.1 By registering on the WEBSITE, the CUSTOMER gives the express mandate to ZAPPIK to represent him for ordering SERVICES and managing his PROJECT on his behalf.

9.2 By accepting the TERMS, the CUSTOMER expressly gives ZAPPIK the following mandate:

9.3 The mandate is not free. As remuneration, the CUSTOMER agrees that ZAPPIK receives a commission of 10% EOT (ten percent exclusive of tax) on each SERVICE commissioned as remuneration for his mission as agent.

9.4 ZAPPIK reports to the CUSTOMER on the actions taken on his behalf in any event at the completion of the mandate and recurrently during the execution of the mandate to ensure accurate information to the CUSTOMER.

9.5 Under the given mandate, the CUSTOMER benefits from a unified billing transmitted by ZAPPIK faithfully reproducing the total amount of SERVICES performed by the PROVIDERS and the amount of the commission collected on this occasion by ZAPPIK as well as any ancillary costs.

9.6 The mandate given by the CUSTOMER to ZAPPIK is terminated either by the completion of the assignment, or by the waiver of ZAPPIK to perform the mission of agent, or by the termination of the subscription of the CUSTOMER to the PLATFORM.

9.7 The CUSTOMER and ZAPPIK in his role as agent agree to limit the liability of ZAPPIK to the total amount of the commissions received for the project in question in case of serious negligence of ZAPPIK as part of its mandate.

9.8 No legal action to engage the civil liability of ZAPPIK under the mandate agreement can be initiated more than one calendar year after the declaration of the dispute.

10. FUNCTIONALITIES OF ZAPPIK PLATFORM

10.1 PROJECT MANAGEMENT

10.1.1 Any PROJECT MANAGEMENT carried out via the PLATFORM must comply with the METHOD recalled at the beginning of the TERMS and detailed on the WEBSITE.

10.1.2 PROJECT MANAGEMENT is a paid feature of the PLATFORM. The financial terms of subscription are specified on the WEBSITE.

10.1.3 PROJECT MANAGEMENT involves a PROJECT MAESTRO, which delivers his SERVICE in accordance with the METHOD.

10.2 ASSESSMENT OF SERVICES

10.2.1 The CUSTOMER is closely associated with the action of the PROJECT MAESTRO.

10.2.2 The PROJECT MAESTRO proceeds notably with the evaluation of the SERVICES in order to allow the CUSTOMER to arbitrate its needs, to budget them and to validate the order of the required SERVICES at the moment that he considers appropriate for the good progress of his project.

10.2.3 In accordance with the METHOD, the PROJECT's estimate made by the Project Maestro does not constitute a fixed commitment on his part to obtain PROVIDERS that they fulfill the need expressed by the CUSTOMER at the initial estimated cost.

10.3 SEARCH FOR SERVICES

10.3.1 The PROJECT MAESTRO is in charge of the evaluation of skills, the verification of the adequacy of the SERVICES provided and the intervention schedule proposed by the PROVIDERS.

10.3.2 He works in total transparency with the CUSTOMER by providing all the information relating to the SERVICES identified. He is also responsible for checking the documents of each PROVIDER and verifying that they are working in compliance with the laws in force or that the media used carry out this control.

10.4 ORDERS AND MANAGEMENT OF THIRD-PARTY SERVICES

10.4.1 By the mandate it receives, ZAPPIK ensures the fulfillment of orders with PROVIDERS that the PROJECT MAESTRO has previously approved.

10.4.2 The PROJECT MAESTRO also keeps track of orders via the tools provided by ZAPPIK as well as the reporting necessary for the perfect information of the CUSTOMER.

10.5 PRODUCTS AND SERVICES AT A FIXED PRICE

10.5.1 ZAPPIK sales products and SERVICES that do not fall within the scope of the METHOD. The type of billing used is then at fixed price. This is particularly the case for books, software, teaching materials, project analysis SERVICES, training SERVICES, intervention during events.

10.5.2 These products and SERVICES sold at fixed price by ZAPPIK do not fall within the scope of the mandate between the CUSTOMER and ZAPPIK.

11. PROJECT MAESTRO DUTIES

11.1 The PROJECT MAESTRO helps the CUSTOMER to express his needs by respecting the principle of the METHOD. Independently, he ensures the search for technical solutions and SERVICES which he checks the adequacy to ensure the progress of projects.

11.2 The PROJECT MAESTRO qualifies the needs expressed by the CUSTOMER to allow him the ordering of the SERVICES necessary for the realization of his project.

11.3 No MAESTRO PROJECT PROFILE may include direct SERVICE offers that bypass ZAPPIK's PLATFORM principle.

11.4 The PROJECT MAESTRO undertakes not to solicit directly or indirectly the USERS who have requested him via the PLATFORM to get rid of the ZAPPIK mode of operation.

11.5 The PROJECT MAESTRO does not respond to direct requests from the USERS made outside the framework of the PLATFORM.

11.6 Within the framework of SERVICE requests generated via ZAPPIK, the PROJECT MAESTRO shall refrain from any request for additional payment or billing not not envisaged in the TERMS or not previously negociated with ZAPPIK.

11.7 The PROJECT MAESTRO undertakes to answer fairly and within 1 working day hours starting from the request made by the CUSTOMER.

11.8 The PROJECT MAESTRO engages, in the answers that he brings to the questions of the CUSTOMER, to show seriousness, reactivity and to exert his expertise in the respect of the state of the art of his profession, his field of experience and the METHOD.

11.9 The PROJECT MAESTRO demonstrates in all circumstances in good faith the responses provided.

11.10 The offer of SERVICE or SERVICE presented in its profile by the PROJECT MAESTRO must be sincere and consistent with the actual state of its competences

11.11 The PROJECT MAESTRO acknowledges being informed that he is notably held in any SERVICE provided for the benefit of the CUSTOMER, to the contractual rules of the CUSTOMER's country Law and, where applicable, to his own professional and ethics rules.

11.12 The PROJECT MAESTRO acknowledges being informed that ZAPPIK is totally alien to the contractual relationship that is established with the CUSTOMER who requests his SERVICES via the PLATFORM. He, therefore, undertakes to make his own the possible disputes that may arise during the contractual relationship established with a CUSTOMER.

11.13 The PROJECT MAESTRO undertakes to be punctual in the schedule of the appointments fixed with the CUSTOMER and to inform him by any means, as soon as possible, of his possible delay or of the necessity of staggering the schedule of the appointments.

11.14 ZAPPIK is not party to the contract between the PROJECT MAESTRO and the CUSTOMER and therefore does not guarantee the respect of the commitments taken by the PROJECT MAESTRO within these exchanges.

11.15 There is no subordination or salary relationship between the PROJECT MAESTRO and ZAPPIK.

11.16 Each PROJECT MAESTRO is an independent professional not taking any directive or working instructions from ZAPPIK.

11.17 The PROJECT MAESTRO must inform ZAPPIK without delay that his participation in the PLATFORM places him in an economic situation such that he would not have an equivalent solution that could compensate for the loss of revenue generated by a possible termination of the contract;

11.18 The PROJECT MAESTRO is required to assume any liability arising from a contractual liability obligation as referred to in particular in article 15.2 of this contract.

12. CUSTOMER DUTIES

12.1 The CUSTOMER undertakes not to approach the PROJECT MAESTRO by attempting to circumvent the PLATFORM.

12.2 The CUSTOMER actively collaborates with the PROJECT MAESTRO, ensuring in particular the reception/validation within the delays requested by the PROJECT MAESTRO of the work carried out by PROVIDERS.

12.3 The CUSTOMER ensures the payment in advance of the SERVICES that he orders in accordance with the METHOD to allow ZAPPIK to perform its mandate.

13. ANOMALIES

13.1 The CUSTOMER gets on the PLATFORM all the tools to report any anomaly concerning the execution of a task by a PROVIDER.

13.2 The CUSTOMER proceeds to describe this anomaly via the interface made available to him.

13.3 In the absence of resolution of the anomaly reported within 3 working days following the alert given by the CUSTOMER, the development of the PROJECT is stopped.

13.4 The CUSTOMER may then decide to reorient his project, terminate the contract and have the amounts still credited to his account refunded or assigned to another PROJECT.

13.5 By accepting these TERMS, the CUSTOMER agrees to use the amicable settlement solutions proposed before any contentious step in order to resolve a dispute arising from an absence or a poor performance of a SERVICE.

14. INVOICING - PAYMENTS

14.1 The CUSTOMER may be invited to deposit money on the PLATFORM to order and allow the performance of a SERVICE. Any default of a payment requested by ZAPPIK and necessary for ordering a SERVICE disallow its start.

14.2 This deposit and the payments are made via a third-party company providing the payment processing and the fund holding on behalf of the CUSTOMER who may be invited to read and accept the terms and conditions of this third-party company and be called upon to provide certain credentials for regulatory reasons in connection with certain operations. Any refusal to subscribe to this SERVICE may justify the deletion of the CUSTOMER's PROFILE by ZAPPIK.

14.3 The CUSTOMER may be invited at the request of the PROJECT MAESTRO or ZAPPIK to give the authorization to release the funds necessary for the payment of a SERVICE.

14.4 If the legal conditions are met (including general terms and conditions of the platforms allowing the provision of SERVICES), in the event of a dispute with a PROVIDER, the CUSTOMER may ask the PROJECT MAESTRO to appeal against disputed payment regarding a non-performance or a poor performance of a service.

14.5 The CUSTOMER has access at all time to the invoices issued by PROVIDERS.

14.6 The CUSTOMER agrees that invoices are issued by PROVIDERS to ZAPPIK.

14.7 In order to preserve the rights of the CUSTOMER, in the event of a dispute relating to the performance of a SERVICE by a PROVIDER (poor execution, non-performance, etc.), ZAPPIK undertakes to assign the contract with the faulty PROVIDER back to the CUSTOMER who may, in his own way, directly implement the legal and/or contractual guarantees necessary for the preservation of his rights.

14.8 Each payment of SERVICE is charged to the total amount initially provisioned by the CUSTOMER. Any remaining balance for the benefit of the CUSTOMER when an invoice is issued to him gives rise to his profit to the emission of credit of an equivalent amount.

14.9 The billing period is chosen by the customer and can be modified during the contract.

15. CONTRACTUAL GUARANTEE

15.1 ZAPPIK guarantees the quality of the PROJECT MANAGEMENT SERVICE it provides.

15.2 If a PROJECT MANAGEMENT SERVICE performed by the ZAPPIK is considered of insufficient quality by the CUSTOMER (the characterization of such a deficiency meaning the proven shortcomings of the SERVICES against the usual standards in force in the field concerned and that any normally diligent professional must be able to deliver to his client), ZAPPIK proposes to improve the SERVICE free of charge, to refund it or to make available to him the corresponding amount for the ordering of another SERVICE.

15.3 This guarantee clause is valid for all PROJECT MANAGEMENT SERVICE that are not validated by the CUSTOMER upon delivery of the result produced during the SERVICE.

15.4 Any validation of a SERVICE by the CUSTOMER establish an irrebuttable presumption of satisfaction on his part that excludes the application of the present warranty clause.

16. OBLIGATIONS OF USERS IN TERMS OF PERSONAL DATA

16.1 By subscribing to the PLATFORM, USERS access the personal data of other USERS who have been previously informed of this use and have accepted the TERMS.

16.2 The access and use of this personal data must comply with the principle of finality (determined, explicit and legitimate use) set out in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation).

16.3 The data to which the USER has access may be used only for the purpose of using the SERVICES offered on the WEBSITE, within the framework of a specific assignment and on the basis of the legal basis determined by Article 6.1. B of the RGPD (contractual legal basis).

17. USER CONTRIBUTIONS

17.1 The production of CONTRIBUTIONS is likely to generate for the benefit of the USER rights under the protection provided by the copyright and for the protection ensured by the right of the database producers (« The producer of databases has the right to prohibit: 1° the extraction, by permanent or temporary transfer of the whole or a qualitatively or quantitatively substantial part of the contents of a database to another medium, by any means and in any form whatsoever; 2° Reuse, by the making available to the public of all or part of the contents of the database, in whatever form, whether qualitatively or quantitatively substantial.These rights may be transferred or assigned or subject to public lending is not an act of extraction or reuse. »).

17.2 In view of the foregoing, only ZAPPIK, the persons agreeing to provide the necessary authorizations to disseminate the databases represented by the CONTRIBUTIONS, may be used.

17.3 By accepting the TERMS, PROVIDERS using ZAPPIK and carrying out assignments giving rise to the birth of intellectual property rights for the benefit of CUSTOMERS expressly agree to have their SERVICES subject to the provisions of Articles 17.1 and following of this contract.

17.4 By accepting the TERMS, the USER thus assigns to any USER, for the duration of the existence of these rights, free of charge , non-exclusive and in the strict context of the use of ZAPPIK and/or product(s) and/or SERVICE(S) derived from ZAPPIK expressly authorized by ZAPPIK the following rights:

17.5 By supplying the CONTRIBUTIONS with data, you grant to any USER the non-exclusive, transferable right (including the right to sublicense), free of charge, and for the entire world to use, reproduce, distribute, create derivative works, represent and execute database content, in any medium and via any media channel.

17.6 In the event of cancellation by the USER of the present contract, it is recalled that the transfer of the rights made above authorizes ZAPPIK to continue the use of the CONTRIBUTIONS created during the period of validity of the transferred rights.

17.7 By agreeing the TERMS, the USER accepts that the termination of the contract does not result in a ban on ZAPPIK and its USERS from using the CONTRIBUTIONS generated.

18. MODERATION OF CONTENTS

18.1 ZAPPIK ensures the moderation operations of comments that may appear on the WEBSITE or the PLATFORM.

18.2 ZAPPIK cannot be held liable for the activities or information stored at the request of a USER of its SERVICES if it had no actual knowledge of the unlawful nature or facts and circumstances showing that character, or if, from the moment they knew of it, they acted promptly to withdraw the data or to make access impossible.

18.3 The USER is therefore informed that ZAPPIK is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to search for facts or circumstances that reveal illegal activities.

18.4 Any USER who notices that content is put on line in fraud of the rights of a third party or in violation of a legal or regulatory text shall report it without delay.

19. FINANCIAL CONDITIONS

19.1 ZAPPIK receives a commission on each SERVICE invoiced to the CUSTOMER.

19.2 The amount of this commissioning as well as all the pricing conditions in effect on the PLATFORM is specified on the "pricing" page of the WEBSITE https://zappik.com/pricing/

19.3 All expenses related to the mission of the PROJECT MAESTRO remain entirely his responsibility.

20. REMUNERATION OF BUSINESS CONTRIBUTION

20.1 If, after initial contact via the PLATFORM, a USER directly request the PROJECT MAESTRO to perform other missions without the intervention of ZAPPIK, the PROJECT MAESTRO must grant a commission of to ZAPPIK on any billing addressed to the USER.

20.2 The amount of the aforementioned commission is 50% (exclusive of tax) of the amount of any billing to a USER by the PROJECT MAESTRO, within two years from the last solicitation of the CUSTOMER operated on the PLATFORM.

20.3 Any solicitation arising more than two years after the termination of the contract between ZAPPIK and PROJECT MAESTRO relieves it of its obligation to pay a commission.

20.4 The commissions due to ZAPPIK will be acquired from the actual payment of the invoices by the USERS who have been put in touch with the PROJECT MAESTRO.

21. RESILITATION

21.1 ZAPPIK can, with the respect of a notice of 5 days running from the reception by the PROJECT MAESTRO of a simple email, to remove his PROFILE from the PLATFORM.

21.2 The PROJECT MAESTRO may terminate the contract with ZAPPIK at any time subject to compliance with the completion of its current missions.

21.3 Payment of commissions due to PROJECT MAESTRO and ZAPPIK shall continue regardless of the termination of the contract if they are acquired prior to termination.

21.4 The responsibility of ZAPPIK can not be sought because of the termination of the contract subject to compliance with the notice periods possibly imposed by law, regulation or usually accepted by the case law.

22. NETWORK AND ACCESS

22.1 Access to the WEBSITE or the PLATFORM requires a connection to the Internet. The USER acknowledges that the Internet is subject to possible interruptions and/or slowdowns and that ZAPPIK can not be held responsible.

22.2 ZAPPIK can not be held responsible for the problems related to the USER's connection, the computer viruses transmitted via this network or any other way, or to any malicious acts carried out via this network or any other way.

22.3 ZAPPIK is not liable for damage to the USER's equipment and/or data via the Internet or other means.

22.4 ZAPPIK does not guarantee the continuity of the use of the WEBSITE or the PLATFORM.

23. SECURITY

23.1 When creating the PROFILE, the USER is responsible for choosing his username and password.

23.2 He must enter them at each connection. He undertakes to keep them secret. He is responsible for their confidentiality.

23.3 The USER must immediately informs ZAPPIK of their loss or unauthorized use. He must specifies in this hypothesis, the nature and the content of the illegal acts already noted so that they can be modified as soon as possible to stop the fraudulent use of his PROFILE.

24. RELIABILITY OF CONTENT PRESENT ON THE WEB SITE

24.1 In accepting these terms and conditions, the USER declares to understand and accept that ZAPPIK does not guarantee the reliability of the information on the WEBSITE or the PLATFORM and expressly disclaims ZAPPIK liability for damages directly or indirectly related to the operation of them.

24.2 Any information published on ZAPPIK should therefore be examined and used with care.

25. INTELLECTUAL PROPERTY OF USERS

25.1 Each USER benefits from his trademark, his designations and the visuals of his products rights recognized by the intellectual property law. Without express authorization, ZAPPIK can not make use of it on the website. By accepting these provisions, the USER assigns the intellectual property rights necessary for the perfection of the publications required for his presentation on the WEBSITE.

25.2 The USER freely grants the non-exclusive rights of use, reproduction and representation of his trademarks and logos, and more broadly of his graphic elements and any texts he produces online.

25.3 The USER grants to ZAPPIK the non-exclusive right to use, reproduce, represent, modify, content derived from these elements for the whole world, on any medium, for the duration of copyright protection and for any other type of operation directly linked to the WEBSITE.

25.4 The USER authorizes ZAPPIK to resize the contents of the protected elements communicated to ensure a quality presentation on the WEBSITE.

25.5 The USER guarantees that ZAPPIK holds all the intellectual property rights assigned and that the information provided does not constitute an infringement. It further guarantees ZAPPIK that this authorization does not affect the rights of third parties whatsoever, that it is entitled to sell the products via ZAPPIK and that it does not infringe by doing so to a distribution network to which he would have contractually committed.

25.6 The USER agrees to inform without delay and by any means ZAPPIK any protest or claim from a third party directly or indirectly products sold on the PLATFORM.

25.7 The USER relieves and guarantees ZAPPIK against any action, claim, claim or opposition from any person invoking an intellectual property right or an act of competition and/or parasitism to which this authorization would undermine.

26. INTELLECTUAL PROPERTY OF ZAPPIK

26.1 All the content of the WEBSITE, as well as all communication tools provided to USERS including, but not limited to, graphics, images, text, videos, animations, sounds, logos and icons and their formatting are the exclusive property of the company ZAPPIK with the exception of brands, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly prohibited without its express written agreement.

26.2 This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by the international law for Intellectual Property.

26.3 Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.

26.4 In addition, the owners of the copied content may take legal action against you.

26.5 ZAPPIK is the beneficiary of the rights of the producers of databases referred in the Intellectual Property Law. For any request for authorization or information, please contact us by email: admin-at-zappik-com.

26.6 The USER has the right to use the communication tools provided by ZAPPIK only during the period of the contractual collaboration.

26.7 After termination or resolution of this contractual relationship the USER is no longer authorized to use these communication tools and must hand over and/or destroy those which remain at his disposal at the end of the partnership.

27. PERSONAL DATA

27.1 ZAPPIK is the person in charge of the treatment of USERs' personal data which are hosted within the servers of the company OVH 2 Rue Kellermann, 59100 Roubaix France.

27.2 Registration for ZAPPIK SERVICES implies the collection of personal data as specified in the privacy-policy.

27.3 This data collection takes place in compliance with the provisions of the Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of these data (General Regulation on the Protection of Personal Data or RGPD).

27.4 Consent may be withdrawn at any time as easily as it has been given in accordance with the requirements of the GDPR.

27.5 However, in case of withdrawal of consent, the SERVICES of ZAPPIK will no longer be accessible to you, the personal information collected being essential to the SERVICES offered.

27.6 The USER may at any time obtain the precise details of the personal data collected on the WEBSITE by consulting the privacy-policy of ZAPPIK.

27.7 The personal data collected from USERs is intended to provide the SERVICES of ZAPPIK, improve them and maintain a secure environment.

27.8 More precisely, the uses are as follows:

27.9 ZAPPIK implements organizational, technical, software and physical security measures for the protection of personal data against tampering, destruction and unauthorized access. However, the Internet is not a completely secure environment and ZAPPIK can not guarantee the total security of information storage transmission.

27.10 In accordance with the regulations applicable to personal data, USERS have the following rights which they can perform by writing to the following email address: admin-at-zappik-com

28. USER LITIGATION AND MAESTRO PROJECT

28.1 ZAPPIK is not party to the contractual relations that are established between the USER and the PROJECT MAESTRO.

28.2 Any dispute arising from this relationship must therefore be settled directly between the parties,

29. COMMERCIAL COMMUNICATION

By accepting these general conditions, the USER authorizes ZAPPIK, to communicate on its collaboration with him, to quote his commercial name as well as to represent his logo on his communication supports

30. FORCE MAJEURE

30.1 Any breach of any of the duties of this agreement occasioned by a case of force majeure, as it is recognized and traditionally accepted by the jurisprudence of the French Court of Cassation exonerate ZAPPIK from its responsibility.

30.2 If such an event occurs, ZAPPIK can not perform its SERVICE by informing the USER by any means as soon as possible.

30.3 The suspension of the duties or the delay can not in any case be a cause of responsibility for non-performance of the obligation in question, nor to induce the payment of damages or penalties of delay.

31. APPLICABLE LAW - JURISDICTION - ARBITRATION

31.1 The general conditions of use are subject to French law, to the exclusion of any other legislation.

31.2 Disputes or disputes arising out of the use of a SERVICE made available to the public by ZAPPIK must be the subject, before any legal proceeding, of an attempt at a friendly settlement. To this end, within 30 days of the birth of the dispute, a meeting between the parties to this dispute shall be held in a place within the jurisdiction of the Court of Appeal of PARIS.

31.3 In the absence of an agreement reached within 15 days following this meeting, the company ZAPPIK and the natural person or the legal person opposed to it regain their freedom to take legal action.

31.4 No legal action to engage the civil liability of ZAPPIK can be committed more than one calendar year after the birth of the claim in accordance with the provisions of Article 2254 of the French Civil Code.

31.5 In the event of the occurrence of a dispute arising out of the use of a SERVICE made available to the USER, the competent courts are those of the Court of Appeal of PARIS.

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