Terms and conditions of use as of August 1st 2020
ARTICLE 1 – DEFINITIONS
Under these General Terms and Conditions of Use, all the following capitalised terms shall have the meaning indicated below and shall be understood in both the singular and plural:
Subscription: Refers to the contract by which the
User receives the Services free of charge or for a fixed price for a
fixed or indefinite period of time through the Application;
Application: IT solution, dedicated to Android, iOS and iPadOS operating systems, which allows Users to use the Features and Services offered by PALAM via a smartphone;
TCU: Refers to the Terms and Conditions of Use of the Application;
TCS: Refers to the Terms and Conditions of Service of the Application;
User Account: Access system requiring a unique user ID and password and allowing access to the Application Features;
Personal Data:
Refers to any information relating to an identified or identifiable
natural person; an “identifiable natural person” is a natural person
who can be identified, directly or indirectly, in particular by
reference to a User ID, such as a name, an ID number, location data,
an online identifier, or to one or more elements specific to his or
her physical, physiological, genetic, mental, economic, cultural or
social identity;
Feature: Each element implemented, accessible and usable within the different Services;
Day(s): Means a calendar day in France;
Means of Access: Methods and/or
functions by which Users with an Account can access one or more
Services in order to use them for their own purposes;
Operator: Company that operates various electronic telecommunications networks necessary for access to and use of the Services;
PALAM:
Trade name used by SAS PALAM, with a capital of €10,000, whose
registered office is located at
7 Allée de Chartres, 33000 BORDEAUX
FRANCE registered on the
Bordeaux Trade and Companies Register under number
883 528 846, represented by Mr. Etienne Waldron as
President;
Party(-ies): Person who has signed and adhered to the TCS and the principles and obligations contained therein;
Services: All the services made available to the User
by PALAM and accessible via the Means of Access;
Third parties: Refers to individuals or legal
entities that are not bound by common ownership or control with PALAM
or other individuals unrelated to PALAM and/or the User;
User: Refers to any natural or legal person accessing the Application.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information shall be provided to the buyer in a clear and comprehensible manner:
ARTICLE 3 – ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
Access to the Application is subject to the establishment of a contractual link between the User and PALAM. This requires the user to read and accept these TCU.
If you do not accept these terms and conditions when creating an Account, you will not be able to access PALAM’s Services, the acceptance tick being equivalent to a contractualisation of the relationship between PALAM and the User.
For some specific Services, special conditions may apply, with the User giving each new Service its prior acceptance to the application of these specific conditions. These specific conditions will be communicated to you beforehand and will then be accessible via the Application or on request from PALAM.
PALAM may amend these T&Cs under the conditions provided for in ARTICLE 21 of these TCU.
If you have any questions concerning the application of these TCU and your relationship with PALAM, please contact PALAM at the addresses indicated in ARTICLE 27.
ARTICLE 4 – SUBJECT OF THE TERMS AND CONDITIONS OF USE
The purpose of these General Terms and Conditions is to define the terms and conditions for the provision of the Services of the PALAM Application and the conditions of use of the Services for the User.
By connecting to the Application, the User expressly acknowledges
having read these General Terms and conditions of Use and undertakes
to comply with them.
ARTICLE 5 – ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use apply to all the Services made available by PALAM on the Application as presented in ARTICLE 8 – “DESCRIPTION OF THE APPLICATION”.
The TCU can be consulted at any time by connecting to the Application.
By simply connecting to the Application and/or the Services, the user implies full and complete acceptance of the TCU.
As such, the User alone is obliged to read the TCU when they first access the application and any time they connect to the application.
The User accepts that the TCU will not be sent to him/her on paper.
Access to the Application is free of charge but is subject to acceptance of the TCU. However, access to certain Services requires prior registration and, where applicable, acceptance of the TCS.
In the event that the User does not wish to accept all or part of
these TCU, he/she is asked to renounce all use of the Services.
ARTICLE 6 – ACCESS TO THE APPLICATION
The Application can be used twenty-four (24) hours a day and seven (7) days a week on the condition that you have a computer terminal allowing you to connect to the Internet as well as GPS and Internet access.
The Application is accessible free of charge for any User with internet access. All costs relating to accessing the Service, whether hardware, software or internet access costs, are the sole responsibility of the User. He/she is solely responsible for the proper functioning of his/her computer equipment as well as his/her access to the Internet.
PALAM reserves the right to refuse access to the Service, unilaterally and without prior notification, to any User who does not comply with these TCU.
PALAM shall use all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to do so.
Furthermore, PALAM may not be held liable for any network or server malfunction or any other event beyond reasonable control that prevents or degrades access to the Service.
PALAM reserves the right to interrupt, temporarily suspend or modify access to all or part of the Service without notice, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
Accessing the Application is the User’s own responsibility. The user therefore undertakes to keep his/her log in details in a safe place and agrees to not share them to with Third Parties. In this respect, PALAM is not in a position to control access to User Accounts and shall not be held liable in the event of a User Account being used by a Third Party, which has used the log in details of a User Account without the user’s consent.
ARTICLE 7 – APPLICATION DESCRIPTION
PALAM provides an online platform, accessible via iOS, iPadOS and Android, which can be used by Users wishing to access information published by other Users of the Application, depending on their geographical location or their subscriptions.
These Services are exclusively accessible via the PALAM Application, which can be downloaded from Android and iOS stores.
The User can download the Application without creating an account. However, if he/she wishes to access certain Services, he/she must first create a User Account.
ARTICLE 8 – SERVICE DESCRIPTION
PALAM provides an online platform, accessible via the PALAM Application and allowing individuals or legal entities:
Hereafter the “Free Services“
Paid Services may be offered by the Application subject to modification of these TCU.
The Services are accessible through the Application only.
The User can access the Application even if he/she does not have an
Account. However, if he/she wishes to access the Services (excluding
the Account creation service), he/she must first create a User
Account.
ARTICLE 9 – INTEROPERABILITY OF SERVICES
The Services can only be used through the Application.
ARTICLE 10 – APPLICATION DOWNLOAD
The Application is available on the following platforms:
The Application can only be downloaded through the official platforms. Any downloading via other platforms shall not bind PALAM to the User.
Moreover, the download of the Application will be subject to prior acceptance:
ARTICLE 11 – SETTING UP A PERSONAL ACCOUNT
In order to access the Services the User must create an Account.
This Account must be created by logging into a Facebook, Google, or Apple account (iOS and iPadOS only). The user must first have been registered on one of these platforms in order to use all the services offered by PALAM.
In this respect, and when creating an Account, the User concerned will be asked to confirm the use of certain specific data held by the chosen platform for the creation of the Account.
Without validation of the connection step to a Facebook, Google, or Apple account, the User will not have access to the Application.
This validation will require prior acceptance of the General Terms and Conditions of the chosen platform.
When creating an Account, the User undertakes to provide accurate and true personal information and to update this information through his/her User Account or by notifying PALAM at the contact details specified in the Site’s legal notice, in order to guarantee its relevance and accuracy throughout its contractual relationship with PALAM.
ARTICLE 12 – TYPES OF DATA COLLECTED BY PALAM
As part of the provision of its Services, PALAM is required to collect:
ARTICLE 13 – GEOLOCATION
In order to use the Services, it is obligatory that the User provides prior authorisation for the collection of Data concerning his/her geolocation on his/her Computer Terminal.
The collection of Geolocation Data requires prior information and consent from the User.
In this respect, it is first recalled that PALAM uses this Geolocation Data only for the purposes of providing the Services, in order to provide publications specific to a given geographical space, the very concept of the application being based on the collection of this information.
The Geolocation Data shall be kept by PALAM only for the duration strictly necessary for the provision of the Service or until the withdrawal of the User’s consent, as the case may be.
PALAM ensures the safety of this Data by adopting physical and logical security measures adapted to the nature of the data and the risks presented.
In this respect, the geolocation of a User shall only be collected and analysed by PALAM, and this Data shall not be communicated to other Users or Third Parties.
The first time the Application is used, the User will thus be asked to consent to the collection and processing of Data relating to his/her geolocation by PALAM.
Each User may revoke this consent through the interface on his/her Mobile Terminal:
In the event of the User’s absence or withdrawal of consent to the use of geolocation, the User will not be able to access the Services.
ARTICLE 14 – VERIFICATIONS OPERATED BY PALAM
PALAM may, at its sole discretion, and for the purposes of transparency and improvement of the Services, carry out checks on the information communicated by the User when creating the User Account, within the limits authorised by law.
If necessary, and in the event of doubt regarding the identity of a User holding an Account, PALAM may carry out special checks on this point.
ARTICLE 15 – DURATION OF GENERAL TERMS AND CONDITIONS
The contractual relationship between PALAM and the User shall begin as soon as the Account is validated via the Application.
The contractual relationship between PALAM and the User shall then be of indefinite duration, and the User or PALAM may terminate it at any time.
In this respect, it is recalled that if the User does not interact with PALAM within 36 months from the last interaction, PALAM shall delete the User’s Account after giving prior notice.
ARTICLE 16 – USER OBLIGATIONS FROM PALAM
The User shall be solely responsible for the comments he or she makes during his or her exchanges with other Users and with PALAM.
During his/her publications or exchanges with other Users, each user thus undertakes to not:
PALAM reserves the right to delete, without notice, compensation or right to reimbursement, the User Account of any User who does not comply with the rules set out in these TCU and/or who is likely to infringe the rights of a User, a Third Party or PALAM.
ARTICLE 17 – SITE EXCLUSION – TERMINATION OF TCU
In the event of a particularly serious breach, PALAM reserves the right to exclude a User from the Site and, if applicable, from the Application without notice or right to reimbursement.
These cases include the following:
ARTICLE 18 – PERSONAL DATA
In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has the right to query, access, modify, oppose, withdraw, transfer and rectify Personal Data concerning him/her.
All Data implemented and processed within the Site and, where applicable, the Application are voluntarily collected by the User using the Features.
All User Data collected in connection with the use of the Site and, where applicable, the Application, is the property of the User.
PALAM has the right to access and use said Data in the interest of the User, the Services and the Features.
ARTICLE 19 – OWNERSHIP OF THE ELEMENTS ON THE SITE
With respect to everything it publishes on the Application, PALAM has and retains all rights, titles and interests in their patents, inventions, actors’ rights, trademarks, domain names, know-how and any intellectual property rights.
Each User publishing on the Application also retains full ownership of the published elements.
PALAM is and remains the owner of the property rights relating to any element of the Services and Features on the Application made available to the User, and more generally regarding the IT infrastructure implemented, developed and made available within the framework of the Services.
The provision of the Services and Features cannot be analysed as the transfer of any intellectual property right for the benefit of the User. The User shall refrain from reproducing any element of the Application or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever without the prior and express consent of PALAM.
“PALAM” is a registered trademark (number 018247409 in the European Union and 88946522 in the United States of America). Any unauthorised reproduction of the brand, logos and distinctive signs constitutes an infringement punishable by law. The offender is liable to civil and penal sanctions and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.
ARTICLE 20 -EXCLUSION OF LIABILITY
20.1. SITE OPERATION
As for the operation of the Application, PALAM is subject to a general obligation of means.
In the event of an interruption in access or use, of the Site and/or Services and, where applicable, the Application, PALAM may only be held liable if the said interruption is prolonged or constant or due to its own fault and cannot be resolved within a reasonable period of time.
In the event of force majeure or action(s) carried out by any Third Party and/or damage caused by any Third Party, PALAM shall not be held liable.
PALAM may under no circumstances be held liable for any inconvenience or damage inherent to access and/or use of the Internet and/or electricity network, in particular in the event of interruption(s) of service(s), external intrusion(s) or the presence(s) of computer viruses. The same applies to the needs, questions or problems of compatibility, interoperability and/or qualities inherent in the use of any physical or technical means allowing access to the Site or Services and, where applicable, the Application.
20.2. INFORMATION PRESENTED ON THE SITE
PALAM does not control the declarations made by Users.
PALAM excludes all responsibility for the behaviour of Users.
The User agrees to not do anything to create the false impression that he or she is supported by, in partnership with, or acting in the name of or for the benefit of PALAM, in particular through inappropriate use of any of PALAM’s intellectual property.
The User acknowledges that the data circulating on the Internet are not protected, in particular against possible misappropriation.
The User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights. The User is solely responsible for the use of the data he/she consults, queries and transfers on the Internet.
The User acknowledges that PALAM has no means of control over the content of the services accessible on the Internet.
20.3. USER RELATIONS
The User chooses to use the Site, the Application, the Services at his/her own risk. He/she acknowledges and accepts that PALAM is under no obligation to check the background of Users.
However, PALAM may check such background, at its sole discretion, to the extent permitted by applicable law, and if it has sufficient information to identify a User.
If PALAM chooses to carry out such checks, to the extent permitted by applicable law, it disclaims any warranty of any kind, express or implied, that such checks will identify past misconduct by a User and does not guarantee that a User will not behave improperly in the future.
PALAM makes no guarantee concerning:
No advice or information, whether oral or written, obtained from PALAM constitutes a guarantee other than those expressly stipulated herein.
The User is solely responsible for all communications and interactions with other Users of the Site, the Application or the Services and with other persons with whom he/she communicates or is in contact with when using the Application
The User understands that PALAM shall not attempt to verify the statements made by Users on the Application, however any publication reported may be deleted by PALAM as soon as possible.
PALAM makes no statement or guarantee concerning the behaviour of Users of the Site, the Application or the Services or concerning their compatibility with current or future Users of the Site, the Application or the Services.
The User agrees to take reasonable precautions when communicating or having contact with other Users of the Site, the Application or the Services and with any person with whom he or she communicates or has contact with in connection with the use of the Application, more specifically in the event that Users decide to meet in person, whether or not this meeting is organised by PALAM.
PALAM expressly excludes all liability for any act or omission on the part of any User of the Site, the Application and Services or other Third Parties.
20.4. HYPERLINKS
PALAM is not liable for the hyperlinks present on the Application directing Users to other Internet sites with regard to the content of these sites.
ARTICLE 21 – MODIFICATION OF THE TERMS & CONDITIONS OF USE
These Terms & Conditions of Use may be modified at any time by PALAM, unilaterally and without notice. The General Terms & Conditions of Use applicable to the User are those in force on the day of his/her connection to the Application. Any new connection implies acceptance of the new General Terms & Conditions of Use, as the case may be.
In the event of any modification of the TCU, an information notice will be sent to the User from the Application.
ARTICLE 22 – PARTIAL NULLITY
The possible cancellation of one or more clauses of this contract by a court decision or by mutual agreement between PALAM and a User shall not affect its other stipulations, which shall continue to have their full and complete effect provided that the general scheme of the contract can be safeguarded.
ARTICLE 23 – LANGUAGE
By express agreement between PALAM and the Users, these TCU are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 24 – APPLICABLE LAW
These TCU are governed by French law.
ARTICLE 25 – COMPETENT JURISDICTION
All disputes to which the present contract may give rise, concerning its validity, interpretation, execution, resolution, consequences and follow-up will be submitted to the competent court under the conditions of common law.
The buyer may have recourse to conventional mediation, in particular with the CECMC (Consumer Mediation Evaluation and Control Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. arbitration) in the event of a dispute.
ARTICLE 26 – DO NOT CALL LIST
When the processing of the order involves the collection of your telephone data, you may register your telephone number free of charge, in accordance with Articles L.223-1 and R.223-1 of the French Consumer Code, on the “http://www.bloctel.gouv.fr/” site, on a list opposing cold calling, called “Bloctel”.
This registration allows you to avoid being contacted by phone regarding a commercial offer.
It is recalled that this opposition is not applicable particularly in the case of pre-existing contractual relations between the professional and the consumer, unless the consumer expressly refuses to be contacted by telephone and to consumers who have asked to be called back.
ARTICLE 27 – CONTACT
For any request for information or any necessary contact, the User undertakes to contact PALAM at the following addresses: