GENERAL CONDITIONS OF USE OF THE lidoli™ SITE
Legal information relating to the publisher of the www.socialcommerce.lidoli.com site
QUALINETWORK company, a simplified joint stock company
6, Avenue du château
Salon de Provence RCS No.: 519 803 852
Tel: +33 (0)4 42 92 07 84
Contact: Stan Zeltner
Article 1: Presentation of the company
The QUALINETWORK company provides its user customers with a collaborative platform accessible via the Internet network, called “lidoli™ ”. This platform provides a rating service for products and services offered on the internet or for website content. This tool enables customers of the QUALINETWORK company to create a device for collecting multi-criteria opinions and comments left by web users, and upload it to their own site.
Article 2: Definitions
The Company: refers to the QUALINETWORK company
User: refers to any user of the socialcommerce.lidoli.com site who subscribes to one of the services offered by the Company and thereby becomes its customer.
Service: refers to one or more quality rating tool(s) offered by the Company to its Users and accessible by free or paid subscription.
The Site: socialcommerce.lidoli.com website
Lidoli: trademark and trading name of the Company; refers to the Company’s collaborative platform (see art. 1) and the interface appearing on the Users’ site
Web Surfer: refers to anyone who browses the User’s site and/or enters comments in a lidoli™ interface or otherwise.
Customer area or user account: part of the Site that is accessible after the User has logged in to socialcommerce.lidoli.com
Article 3: Field of application
These General Conditions apply without restriction or reservation to all the services offered by the Company on its website socialcommerce.lidoli.com, whether in relations with Users or with Web Surfers. These General Conditions are applicable to the exclusion of all other conditions, in particular those applicable to other distribution channels for these services. Nonetheless, for certain subscriptions, special conditions making reference to this document may be added to these. These General Conditions are accessible at all times on the Site and, where applicable, shall prevail over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by the Company constitute proof of all transactions. Subscription to any of the Services is subject to prior acceptance of these General Conditions.
The General Conditions may change over time, particularly in the case of technical, legislative or regulatory changes, or new services being introduced.
The User shall be notified by e-mail of changes to the General Conditions, and may terminate the contract if the new provisions of the general conditions do not suit them.
If the User does not react within a period of 15 days following this notification, the new General Conditions shall apply to them.
Article 4: Description of the Service
4.1 The lidoli™ platform, accessible by Internet at the address socialcommerce.lidoli.com, is described in article 1. above.
4.2 The Service is put online on the User’s website but its content is recorded and stored by and under the responsibility of the Company in its capacity as hosting provider as defined in art 6.-I.2 of Law no. 2004- 575 of 21 June 2004 known as the law on “Trust in the Digital Economy”.
4.3 The lidoli™ platform implements a universal product and service framework presented in the form of a tree to which categories are attached. In order to be able to provide the most accurate and comprehensive information possible, the Company reserves the right to modify the various categories, either by merging them, or by separating them, and this at their own discretion and without prior notice. Use of the lidoli™ platform assumes full acceptance by the User of the changes that may thus be made and more generally of the technical and syntactical decisions that may be made by the Company. Likewise, the lidoli™ platform implements a technology enabling the User to construct their rating devices using criteria that they define themselves and which will be specific to them, or by using “public” criteria suggested by the site when creating ratings. The company may, on their sole initiative, change the public criteria without prior notice in the interest of improving the Service, which the User accepts by accepting these General Conditions.
Article 5: Description of subscription packages offered
5.1 The Company offers five subscription packages for the User to choose from; these are as follows: FREE, LARGE, XL, XXL, VIP. Their content consists of the following features: FREE: The free subscription contains customisable, shared criteria and a pack of 5 animations, for a maximum of 50 items rated. LARGE: for a maximum of 200 items rated, this subscription includes customisable criteria, a pack of 5 animations, a semantic search engine and technical support in the form of questions and answers by email. XL: For a maximum of 2000 items to be rated, this subscription includes customisable criteria to share, customisation of widgets (graphic interface components), the option to remove the promotional link with The Site, a pack of 5 animations, a semantic search engine, technical support consisting of questions and answers by e-mail and by telephone and summary documents to analyse the effectiveness of the lidoli™ platform. XXL: This subscription has the same content as the XL package but applies to a base of 5000 items to rate.
Article 6: Conditions of taking out a subscription, payment and invoicing
6.1 Registration is done online by clicking on the “I choose this formula” box. The User then enters their personal data, accepts these General Conditions of Use and provides an e-mail address to which the Company sends log-in codes that will enable them to log in to a user account called Customer Area. They will be invited to confirm their registration within 7 days. To do this, the User will receive a confirmation message at the email address they have declared, containing a temporary, personal URL link on which they can click or which they can copy into the address bar of their internet browser.
6.2 Activation takes place within a few minutes following confirmation of the above. Access to the Service by the User is maintained for the entire term of the subscription.
6.3 The price of the Service is payable on a monthly basis and is due on the first day of each period. Payment can be made by Paypal or by Carte Bleue-Visa. For some subscriptions, payment can also be made by cheque, or transfer according to special conditions accepted by both parties.
6.4 The sums due as payment for the Service shall be the subject of monthly invoices sent electronically to the User at the address provided when the subscription is taken out. When: the 1st day of the month.
Article 7: Rates
Each formula has a rate which can be viewed on The Site. Rates are expressed in Euros and are shown exclusive of taxes. Any VAT that may be payable in France shall be covered by the User in addition to the subscription price. Rates may be changed, which the User acknowledges and accepts. New rates shall be published on The Site and the User shall be notified of these by e-mail as soon as they are changed. They shall be applicable for all new contracts from such time as they are published on The Site. For current contracts, the new rates shall be applicable 30 days after the Users have been notified of them by e-mail. All Users, after having been informed of these new rates, may terminate the contract within the cancellation conditions set out here in the article “Term of the contract”. Failing this, the new rate shall be applicable to them upon the expiry of the aforementioned 30-day period.
Article 8: User identification – Storage of log-in details
8.1 Each User may create one or more qualitative rating device(s) and may modify it/them as they please by using their log-in details.
8.2 The User undertakes to provide the Company with complete, real and correct information about their identity when taking out a subscription. They likewise undertake to inform the Company without delay of any change to this information.
8.3 Any false information shall allow the Company to suspend or close the User’s account, without forewarning or formal notice and without the latter being able to claim a reimbursement of the sums paid to access the Service, or any compensation of any kind. In effect, reliability of information and the reputation of the service depend on the Company being able to check Users’ identities in order to prevent any irregular use.
8.4 Moreover, the User is informed that the company, in its capacity as host of the Service, is bound in accordance with the provisions of article 6-II of the Law on Trust in the Digital Economy no. 2004- 575 of 21 June 2004, to hold and store data that may be used to identify anyone who has contributed to the creation of the content or one of the items of content of the services which they provide. It is also bound to supply these identification data if these are requisitioned by the judicial authorities.
8.5 To ensure the validity of the information supplied when opening an account, the User shall receive, after the creation of a Customer Area by the Company, an email containing their log-in details and a confirmation message inviting them to confirm their registration within seven (7) days.
8.6 All log-in details are strictly personal. The legal person of the User shall designate a person authorised to use and manage these details and shall ensure that these are not communicated to any third parties. The User shall be solely liable for the aforesaid details and any fraudulent use of these. In the event of loss, theft or accidental disclosure, the User must inform the Company immediately.
8.7 In the event of fraudulent use of the User’s log-in details due to a fault or negligence attributable to the latter, the User shall be solely liable towards the Company for any loss or deterioration of data and more generally of any damage suffered by the Company due to unauthorised use of the log-in details.
Article 9: Obligations of the User
9.1 The User undertakes to only use the Service for its intended purpose and in accordance with the legislative and regulatory provisions in force, in particular law no. 2004-575 of 21 June 2004. Consequently, they shall refrain in particular from: •committing an offence against public decency or public order, •using, uploading or tolerating data or comments liable to cause offence to minors, •infringing or allowing the infringement of the rights, reputation, private life and image of any third parties, and particularly expressing or accepting derogatory or defamatory sentiments, in their management areas, in any manner and for any motive whatsoever, •expressing or accepting sentiments liable to infringe upon the reputation of a legal entity, or a brand, in any way and for any motive whatsoever, •uploading or accepting data or comments of a pornographic or paedophile nature, or which are liable to constitute sentiments inciting discrimination or racial hatred, •uploading or accepting data or comments advocating war crimes or crimes against humanity or inciting others to commit such crimes, •uploading or accepting data or comments liable to infringe on the security or integrity of a State or a territory, •supplying or accepting data enabling third parties to acquire pirate software, software serial numbers or any software that may harm or infringe upon the intellectual property rights of any third parties or the assets of the latter, in any way whatsoever.
9.2 The user shall refrain from rating any natural persons, in particular teachers, the liberal professions or employees of named companies.
9.3 Under no circumstances may the User offer to sell, donate or exchange stolen goods, goods acquired through misappropriation, fraud, breach of faith, or goods resulting from forgery or any other criminal offence.
9.4 The Company offers an advertisement-free Service and Site. The User undertakes to refrain from uploading or accepting for Web Surfers to upload any material of a promotional nature (in particular: text, images, links) without the prior consent of the Company. And data of a promotional nature uploaded by the User or which the User has permitted to be uploaded, without the prior consent of the Company, shall be deleted by the latter without the User being able to oppose this or claim compensation of any kind.
9.5 The User undertakes not to include in their ratings, in any form whatsoever, any announcement(s) containing any kind of advertisements or promotion for a website or company with a business activity in competition with the lidoli™ site.
9.6 As publisher of the site, the User is bound to honour all the obligations placed upon Web Surfers as stated in article 10, in particular art. 10.2 and the following.
9.7 The User or Web Surfer is solely liable for all equipment, means of connection, telecommunication or other items required to access the Service and located at their home. The User is also solely liable for communication costs and the cost of subscriptions with the various operators.
Article 10: Obligations of Web Surfers
10.1 Web Surfers undertake to observe the legal provisions and purpose of the Site and to this end, they shall in particular observe the prohibitions and stipulations stated in article 9 above, under penalty of being held civilly or criminally liable.
10.2 Web Surfers shall ensure that the information they place on the lidoli™ interfaces does not belong to any third parties, or shall ensure that they have been granted use, reproduction and exploitation rights to this information by the third parties in question, and shall indicate which elements belong to third parties with a copyright statement of the following type: © + name of the person (natural or legal) who holds the rights.
10.3 Web Surfers undertake to only use elements (text, sounds, images, databases etc.) to which the owner holds the rights in their comments and opinions, either by being the rights holder, or having obtained a licence in accordance with the legislative and regulatory provisions in force.
10.4 Web Surfers shall also ensure that hypertext links and URL addresses stated in their ratings are not used in such a way as to constitute illegal comparative advertising or an act of unfair competitions or economic parasitism.
10.5 Web Surfers are informed of and accept the fact that the User may proceed with the immediate withdrawal of any content placed on the lidoli™ interface which is illegal or does not comply with the obligations stated herein. They may also extract some or all of the information placed on the lidoli™ interface from a Widget deployed in their Customer Area, excluding all personal data or information about them.
Article 11: Respecting the Company’s intellectual property rights
11.1 The company is the sole holder of all intellectual property rights relating to the socialcommerce.lidoli.com Site. Hence, any use, reproduction, or representation of any element of the Site in full or in part requires prior authorisation from its owner. The User or Web Surfer may not offer to grant a licence to, offer to sell, sell or make available any of the elements of the Site and more generally the Service, which is the property of the Company, to a third party, either free of charge or in exchange for payment. Any breach of any of the Company’s intellectual property rights shall be considered an act of forgery liable to incur criminal proceedings and provide grounds for compensation for damages suffered. As part of the implementation of the Service, the User is authorised to deploy elements of software code, images, text constituting the integration pack or content in the aforesaid integration pack (available in the integration pages in the Customer Area) in the site or sites listed in their subscription package. Any modification, alteration, decompilation and more generally all operations other than implementation of the lidoli™ system in accordance with these General Conditions, and relating to the aforesaid integration pack and its content, is totally prohibited.
Article 12- liability – content – Treatment of abuse and illegal content
12.1 The User and the Web Surfer are informed that they are solely liable for the content that they use and incorporate into the ratings.
12.2 The User is informed in particular that the Company has an obligation, under law no. 2004-575 of 21 June 2004, to suspend or prevent any connection to illegal content of which it may have knowledge, either directly, or through notification from a third party (article 6.I.2 of the aforementioned law).
12.3 This suspension is without prejudice to the right of the Company to terminate the contract, on the one hand, in accordance with the provisions of these General Conditions, and on the other, to bring against the offending User or Web Surfer any legal action intended to assert their rights and obtain compensation for any prejudice to them resulting from the uploading of illegal content and from its consequences, where applicable.
12.4 Should the User directly receive a notification from a third party informing them of the existence of illegal content in their ratings, they undertake to proceed to remove this content immediately or prevent access to it by using rating device administration system, and this without delay.
12.5 All Users and Web Surfers are invited to inform the Company of any cases of abuse or more general breaches of these General Conditions that they may see on the site, either by sending a message to the “contacts” section, or by clicking on the “report abuse” section, accessible on each rating infographic.
12.6 The Company reserves the right to refuse and suspend access to any content that it deems to be clearly illegal or which has been reported to it as such, without the User being able to bring any claim against them or claim any compensation for some or all of their ratings being made inaccessible while the situation of litigation is resolved.
Article 13 - Cession of right of use to the Company
13.1 The User cedes to the Company the broadest rights to use the criteria deployed to meet the requirements of the Service and in particular public or private rating criteria, categories, sub-categories, etc…
13.2 The User is informed that the opinions and comments placed on their site by the Web Surfers are the sole property of the Company by cession of these rights to the Company by the Web Surfers.
13.3 Web Surfers cede to the Company, on an exclusive basis and free of charge, for the legal term of their rights, all the broadest rights to use the opinions and comments that they place on a lidoli™ interface, whether these opinions and comments are in the form of text, images, photos, series of animated images or in any other form. Consequently, the Company is authorised to use, represent, reproduce and exploit these elements, on their own or in combination with other comments or creations, by all means and in all media, as part of the Service, their Site and/or more generally their activities throughout the world.
13.4 Users and Web Surfers are informed and accept that data collected during the ratings process, with the exception of any personal data or information about the Web Surfer, may be used by the Company on The Site, for the purpose of sharing information and improving the service provided.
13.5 The Company shall refrain from transferring or ceding any information, comments, criteria or categories developed by the Web Surfers or Users to any third parties to use, either in exchange for payment or free of charge.
13.6 The Company accepts no responsibility towards Web Surfers for any use that the User may make of the content of the ratings left by Web Surfers.
Article 14: Respect for personal data – Law on Computing and Freedom
14.1 Under their sole and exclusive responsibility, the User must satisfactorily perform the declarations or other formalities required by the Law on Computing and Freedom no. 78-17 of 6 January 1978 relating to the personal data that they shall collect to use in their ratings.
14.2 The Company undertakes to honour the declaration obligations and other obligations required by the Law on Computing and Freedom for all matters relating to the processing of personal data about the User and the Web Surfer about whom it shall be involved in collecting nominative information. By signing these General Conditions, the User and the Web Surfer agree to this personal data being processed where strictly necessary for the implementation of the services offered by the Company as described in these General Conditions and for customer relations management.
14.3 The Company undertakes not to transfer the data thus processed to any third party, in exchange for payment or free of charge, without the prior written consent of the person concerned.
14.4 The User and the Web Surfer are informed that, in accordance with the aforesaid law, they have the following rights: - The right to oppose, on legitimate grounds, the personal data about them being processed in any way other than those ways stated herein to which they have consented. – The right to oppose, without cost, the data collected being processed for marketing purposes by the current or future data controller. – Subject to providing proof of identity, the right to information about the 8 types of processing to which the personal data gives rise. – The right to obtain information on the processing of personal data managed by the Company, and all information enabling them to find out the final purpose of the processing of the aforesaid data. To do this, the User or Web Surfer must provide proof of identity. – Also subject to proof of identity, the right to obtain a copy of the personal data about them, along with a right to correct, update or delete all or part of the aforesaid data. The Company undertakes to implement the modifications or deletions requested without delay and to promptly provide proof of this to the person concerned promptly. These rights may be exercised by sending an email to the following address: [email@example.com], or by sending a letter to the address of the Company’s headquarters as stated in these General Conditions.
Article 15: Other obligations of the Company - guarantees
15.1 The Company undertakes to take all useful and reasonable technical measures to preserve Users’ data and ensure that these are not accessible to third parties without the prior consent of the User concerned.
15.2 The Company shall not be held liable for any alteration of the data due to third party intervention in the User’s network prior to the transfer of the aforesaid data to the Company’s servers or after their transfer from them. More generally, the Company shall not be held liable for any third party intrusion into the User’s system, or any fault, negligence or any act by the User or a third party outside of the computer systems and beyond their control.
15.3 The Company undertakes to deliver its services in accordance with professional standards, best practice and reasonable recommendations customarily made in its area of activity.
15.4 The Company does not guarantee that the User’s rating devices will receive a certain amount of visits as a minimum, or that they will generate any particular turnover or profit for the User who manages the rating devices on their sole initiative and under their sole responsibility.
15.5 The Company accepts no liability for any litigation that may arise between a User and a Web Surfer occasioned by a rating device, or for any litigation linked to a hidden fault, non-conformity, illegal nature or dangerousness of goods or services offered on their site by the User, or for any litigation resulting from a civil or criminal fault by the User.
15.6 The links, images, text or comments on The Site may lead away from the site. The content to which these links lead is not under the Company’s control, and is chosen exclusively by the Users who manage the rating devices. Hence, the Company shall not be held liable for this external content, or for changes or updates that may be made to this content.
15.7 In its capacity as host, the Company is not bound by any general obligation to monitor the site. A system to alert abuses and illegal behaviour has been set up for Web Surfers and Users who are invited to report these abuses without delay.
Article 16: Service continuity
16.1 The Company undertakes to deploy the necessary means to ensure the permanence, continuity and quality of the service and is therefore bound by an obligation of means. The Company shall make all efforts to maintain access to the service 24 hours out of 24, every day of the year, except for disruptions to the networks which are beyond its control.
16.2 The User acknowledges and accepts that the internet network and more generally any online data processing network used for the purpose of data transmission may undergo periods of saturation due to bandwidth traffic, cuts due to technical incidents or maintenance operations, decisions by the companies managing the aforesaid networks or any other events that are beyond the Company’s control. Consequently, The Company shall not be held liable in the case of malfunction or interruption to the services provided by the Company which are caused by events affecting the communication networks and more generally any event beyond the latter’s control.
16.3 The Company shall not be held liable for the deterioration or loss of data due to a network malfunction or any other reason beyond its control, and in a general manner, any deterioration or malfunction caused by force majeure.
16.4 The Company reserves the right to interrupt access to the service exceptionally and briefly in order to carry out any maintenance or security operations. The User shall be informed by email prior to any interruption of a duration exceeding two (2) hours by email sent at least twenty-four (24) hours before the start of the period of interruption. Interruptions may not exceed a maximum of twelve (12) consecutive hours, except in the case of force majeure.
16.5 The Company shall not be held liable for consequences to the User resulting from interruptions to the service that are required for maintenance reasons where the User has been informed beforehand in accordance with provisions of these General Conditions, providing that these interruptions do not last for longer than twelve (12) consecutive hours, except in the case of force majeure.
Article 17: Volume of data
17.1 The Company undertakes to keep the User’s data within the limit of the storage volume stipulated below. However, the subscription package may be changed.
17.2 Except in the case of special provisions derogating from these General Conditions, the volume of data guaranteed for each User amounts to: •500 Mb for the Free offer •2 Gb for the LARGE offer •20 Gb for the XL offer •50 Gb for the XXL offer •Subject to special conditions for the VIP offer including images and videos. Beyond this volume, The Company does not guarantee storage.
17.3 If the volume is exceeded, the User shall be informed by email so that they may reduce the volume of data stored to remain within the limit of the agreed, guaranteed volume, or increase their storage capacity by paying for the subscription package that corresponds to the capacity effectively used. Readjustment of the volume of data stored or the storage capacity must take place within a period of fifteen (15) days following the date the User is notified of the information. Beyond this period, if the User has not readjusted the volume of data stored, The Company shall automatically apply the price of the subscription package that corresponds to the volume effectively used, starting from the first payment date following the end of the aforementioned period of fifteen (15) days.
17.4 The User is responsible for managing the storage capacity to which they have subscribed in order to ensure that this capacity is adequate for the volume of data to be stored. The Company shall not be held liable for the fact that, due to insufficient storage capacity, User data has not been stored on The Company’s servers.
Article 18: Support service
18.1 If they have subscribed to a paid option, the User shall have access to a support service to solve operating problems encountered which cannot be resolved by referring to the site instructions, and to ask any useful questions about use of the Service, or to report a malfunction noted during use of the Service. However, this support service is designed solely to make it easier to help the User to use the service, to the exclusion of all other purposes. Consequently, no help, information or advice may be given regarding the User’s computer equipment or networks, their software, or any matters not directly relating to use of the Service.
18.2 The support service shall be implemented following the conditions stated in the Special Conditions for each type of subscription offered to Users. In order to avoid one problem giving rise to several calls, which would have the effect of jamming the service lines, the User shall appoint an authorised person to contact the support service and, if necessary, a replacement person. Qualinetwork reserves the right not to reply to any person other than the appointed person(s).
18.3 All reported problems shall be processed within a time frame varying according to their difficulty ranking as indicated in the Special Conditions.
Article 19: Term of the contract
Regardless of the package chosen, the User signs a contract for an indeterminate term. The User may terminate this contract at any time, without prior notice or formalities, by going to their personal area and following the instructions to proceed with cancellation. All cancellations shall be effective at the end of the current monthly period.
Article 20: Suspension of services – cancellation – consequences of cancellation
20.1 This contract may be cancelled ipso jure by the Company eight days after a letter of formal notice has been sent to the address provided at the time of registration, if no notification has been given of any change since then, by non-response to a registered letter with acknowledgement of receipt, if the User fails to pay all or part of the sums due by them for the subscription, or in the case of the User failing to execute any of their contractual obligations. This cancellation shall take place without prejudice to the application of the other specific provisions of these General Conditions, and all damages that could the User could be asked to pay as reparation for the prejudice suffered.
20.2 The contract may also be cancelled under the same conditions in the event of the death of the User, receivership, voluntary winding up or winding up by decision of court, discontinuation of business, dissolution, subject to the applicable legal provisions for collective proceedings.
20.3 Cancellation of the contract shall cause all sums due from the User to be payable immediately, without a second formal notice being given.
20.4 In the event of failure by the User to execute their financial obligations, the Company may suspend their service in terms of reception as well as restitution of stored data, until payment has been made in full.
20.5 Cancellation of this contract may also be requested by the User, without any request for compensation of any kind, if the Company has not cured a default following a period of thirty (30) days after receipt of a letter giving formal notice sent by the User to the Company by registered letter with confirmation of receipt, enjoining them to honour their obligations or put an end to a situation of breach of contract.
Article 21 Force majeure
Neither party may be held liable for any breach, default or delay in the execution of any of their obligations that may be due to the other party or to the occurrence of a case of force majeure. Force majeure suspends the obligations created by this contract for the entire term of its existence. However, were the force majeure to persist for over three months, either party may terminate this contract, without being considered to be at fault for this cancellation. In such a scenario, notice of cancellation must be given by registered letter with request for confirmation of receipt and shall become effective on the date the aforesaid letter is received.
Article 22: Miscellaneous provisions
22.1 Should any of the obligations resulting from the contract be rendered void for any reason, this shall not affect the validity of the other obligations, and the parties undertake to negotiate replacement provisions in good faith.
22.2 The headings and sub-headings shown in these General Conditions and more generally in the set of documents that constitute the contract are included for convenience only. The parties expressly agree that these headings and sub-headings may under no circumstances be used to interpret any provision of the contract.
22.3 Under no circumstances may the fact that a party does not demand that one of the provisions of the contract be applied, or tolerates the temporary or permanent non-execution of these provisions, be interpreted as meaning that this party waives the rights that they hold under the aforesaid contract. The fact of a party tolerating an non-execution or incomplete execution of the contract or more generally tolerating any act, abstention or omission by the other party not complying with the provisions of the contract shall not confer any right on the party benefiting from such a tolerance.
Article 23: Applicable law
23.1 These General Conditions and more generally the set of provisions that form the contract are governed exclusively by French law.
23.2 In the event of them being translated into one or more languages, only the French version of the contractual documents shall be binding on to the parties and shall prevail in the event of litigation.
Article 24: Competent jurisdiction
Any litigation regarding the validity, execution or interpretation of these 12 General Conditions and more generally the contract shall come under the exclusive jurisdiction of the courts in the jurisdiction of the Company’s headquarters.