1 – Terms
The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered on the application (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 via a direct link at the bottom of the home page of the site.
2 – Service provider
VINIPOP are operated by VINIPOP SAS with a capital of €1,000, registered under no. 913 485 124 (RCS Libourne), whose registered office is located 17 Lieu dit la cale, 33330 VIGNONET (hereinafter: « CompanyName »).
VINIPOP can be contacted at the following address and phone number:
E-mail adress : email@example.com
Postal address : 17 Lieu dit la cale, 33330 VIGNONET
3 – Access to the site and services
The Services are accessible, subject to the restrictions set out on the site:
- to any individual with full legal capacity to commit under these general terms and conditions. The individual who does not have full legal capacity can only access the Site and Services with the agreement of his legal representative;
- to any legal entity acting through the intermediary of an individual with the legal capacity to contract in the name and on behalf of the legal entity.
4 – Agreement to the general terms and conditions
The acceptance of these general terms and conditions is materialised by a tick box in the registration form. This acceptance can only be full and complete. Any subscription with reservations is considered null and void. Users who do not accept to be bound by these general terms and conditions must not use the Services.
5 – Description of Services
The User has access to the Services described on the site, in a form and according to the features and technical means that VINIPOP deems most appropriate.
6 – Data
The User expressly acknowledges and accepts :
- that the data collected on the site/application and on VINIPOP’s IT systems are proof of the reality of the operations carried out within the framework of the present contract;
7 – Obligations of the User
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
1 – The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
2 – The responsibility of VINIPOP can in no way be engaged in this context.
3 – The User acknowledges having read the features and limitations, in particular the technical characteristics and constraints of all the Services on the site/application. He is solely responsible for his use of the Services.
4 – The User is informed and accepts that the services require him/her to be connected to the Internet and that the quality of the services depends directly on this connection, for which he/she is solely responsible.
5 – The User is also solely responsible for the relations that he or she may establish with other Users and the information that he or she communicates to them within the framework of the Services. It is incumbent upon him/her to exercise the appropriate prudence and discernment in these relations and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
6 – The User undertakes to make strictly personal use of the Services. Consequently, he shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any way whatsoever.
7 – The User agrees to provide VINIPOP with all the information necessary for the correct execution of the Services. More generally, the User undertakes to cooperate actively with VINIPOP with a view to the proper execution of the present Conditions of Use.
8 – The User is solely responsible for the content of any kind (editorial, graphic, audiovisual, links/URLs or other, including the name and/or image possibly chosen by the User to identify him/her on the site) that he/she disseminates as part of the Services (hereinafter referred to as: the « Content »).
It ensures VINIPOP that it has all the rights and authorisations necessary for the diffusion of this Content.
It undertakes that the said Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and more generally, is not in any way likely to bring into play the civil or criminal liability of VINIPOP.
The User thus refrains from disseminating, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- Counterfeiting Content,
- Contents that are detrimental to the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any manner and in any form whatsoever.
- The User acknowledges that the Services offer him an additional but not alternative solution to the means that he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
- The User must take the necessary measures to safeguard by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
- The User is informed and accepts that the implementation of the Services requires him/her to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
8 – User agreement
The User guarantees VINIPOP against any complaints, claims, actions and/or demands whatsoever which VINIPOP may suffer as a result of the breach by the User of any of its obligations or guarantees under the terms of these general terms and conditions.
The User undertakes to compensate VINIPOP for any prejudice which it may suffer and to pay it all the costs, charges and/or sentences which it may have to bear as a result of this fact.
9 – Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) used by VINIPOP within the site are protected by all intellectual property rights or the rights of the database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of VINIPOP is strictly forbidden and may be subject to legal proceedings.
10 – Data of a personal nature
11 – Advertising
VINIPOP reserves the right to insert on any page of the site/application and in any communication to Users any advertising or promotional messages in a form and under conditions of which VINIPOP will be the sole judge.
12 – Links and third party websites
VINIPOP may in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the User may access via the website/application.
VINIPOP is also not responsible for transactions between the User and any advertiser, professional or trader (including any partners) to whom the User is directed via the site and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
13 – Modifications
VINIPOP reserves the right to modify these general conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.
Any User who makes use of the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
14 – Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
15 – Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the Bordeaux courts will have exclusive jurisdiction to judge, unless mandatory procedural rules to the contrary exist.
16 – Date of implementation
These general terms and conditions came into force on 06/06/2022.