General Terms and Conditions of Sale and Use - GTCU
Welcome to REECALL.
Thank you for choosing to use our Services for Professionals, legal entities or individuals, (hereinafter, the " Professional(s)" or the " Users ") who wish to optimise the multi-channel processing of their customers' requests (hereinafter, the " Customer(s)"). REECALL offers these Professionals an intelligent BtoB and BtoC ticketing software solution with various functionalities (hereinafter, the " Services "). The Professionals carry out the Services requested by the Customers on their own behalf and under their own responsibility.
The Services are provided by the company REECALL (hereinafter referred to by its trade name " REECALL ", or the " Company "), located at 8 allée du Levant - 69890 LA TOUR DE SALVAGNY.
REECALL is a simplified joint stock company (SAS) with a capital of 12,173.00 euros, registered in the Lyon Trade and Companies Register under the number 842 577 017, and whose intra-community VAT number is: FR12842577017.
The French Trademark " REECALL " has been registered in France, by 28 April 2018 under the national registration number 4449824, at the INPI.
This deposit covers classes 9, 35 and 42 of the Nice International Classification of Goods and Services.
Article 1: Purpose of the General Conditions of Use and Sale.
The purpose of these general terms and conditions of use and sale is to define the terms and conditions under which REECALL makes the Services available to Users of its " REECALL " application (hereinafter the " Application "), as well as the manner in which any User accesses theApplication, via the web or after installation of a mobile application, and uses the Services.
Any connection to theApplication is subject to compliance with these general conditions.
REECALL reserves the right to modify, at any time and without prior notice, the present general conditions in order to adapt them to developments in theApplication and/or its operation.
These conditions are valid for an indefinite period.
Article 2: Account creation - Acceptance of the general conditions.
Access to the Services requires the creation of a REECALL account by theUser on theApplication. This account creation is necessary to use theApplication and to have access to all the Services.
The procedures for accessing the Services may be modified by REECALL, which will inform the Users as soon as possible.
2.1 - Account creation and use
TheUser creating an account on theApplication has the possibility to access it by logging in with the credentials provided at registration and by using systems such as third party login buttons from other online applications (e.g. Google) or social networks (e.g. Facebook).
When creating a REECALL account, theUser may be required to provide a first and last name, telephone number and postal address; he/she shall provide an e-mail address and choose a confidential password if required. TheUser is entirely responsible for protecting the password he/she has chosen. The User is encouraged to use complex passwords. If the member forgets his or her password, he or she may generate a new one.
These identifiers are personal and confidential and must not be communicated by theUser to third parties. Failing this, REECALL cannot be held responsible for unauthorised access to a User's account.
TheUser is solely responsible for the confidentiality of his identifiers and shall in all circumstances be solely responsible for their use. He/she may not authorise access to them to anyone.
The services covered by these General Terms and Conditions may under no circumstances be marketed, resold or distributed, even free of charge, by theUser in any capacity whatsoever.
It is also theUser 's responsibility to ensure that no fraud has been, is being or can be committed using his/her identifiers. In case of doubt, theUser shall immediately proceed to change them.
TheUser may later modify the parameters of his/her REECALL account and all the data he/she has entered in his/her personal space accessible from theApplication, with the exception of the data essential to the functioning of theApplication and its billing.
TheUser shall provide REECALL with its invoicing details in the space provided for this purpose for invoicing purposes.
TheUser guarantees the truthfulness and accuracy of the information he/she provides to REECALL and acknowledges that REECALL cannot be held responsible in the event of an error in the data entered by theUser.
TheUser must identify himself to access the service using his login and password, and any action carried out from his REECALL account is deemed to be carried out by him. Consequently, the price corresponding to the Services consumed or to the services provided by REECALL will be debited from the User's bank account according to the terms and conditions set out in article 3.
2.2 - Deleting the account
REECALL reserves the exclusive right to delete the account of any member who has contravened these General Terms and Conditions (in particular, but without this example being exhaustive, when the member has knowingly provided incorrect information during registration) or any account that has been inactive for at least two (2) years. The said deletion shall not constitute damage for theUser concerned, who shall not be entitled to claim any compensation as a result.
Each User is free to close his account. To do so, he/she must send an e-mail to REECALL indicating that he/she wishes to delete his/her account. TheUser may exercise his/her right to portability and thus recover all data concerning him/her, in a standard and readable format, upon express request to the REECALL Data Protection Officer (DPO). When the circumstances require it, REECALL reserves the right to ask for proof of identity in order to verify the exact identity of the applicant.
2.3 - Acceptance of the General Conditions
The use of theApplication and the Services offered by REECALL requires the prior acceptance by theUser of these General Conditions.
The General Conditions are available in theApplication. They can also be requested by sending a letter to the REECALL head office listed in the preamble to these Terms and Conditions.
As part of the process of creating a REECALL account, theUser, after having fully read the present General Terms and Conditions and the applicable pricing conditions, must accept them by validating their acceptance in theApplication by ticking a box that is not pre-ticked "General Terms and Conditions of Sale and Use: I have read and accept these general terms and conditions".
TheUser will then receive a confirmation e-mail and must click on the validation link contained therein within 24 hours. The account will then be definitively validated and theUser can access the Services.
TheUser therefore acknowledges that he/she has read these General Terms and Conditions when creating his/her REECALL account, and that he/she has accepted them without restriction or reservation prior to any use of the Services.
Article 3: Duration of the commitment
By default, unless otherwise specified in the signed quotation, the duration of theUser 'sSubscription is 12 months, renewable by tacit agreement, unless theUser notifies REECALL by registered letter with acknowledgement of receipt at least 1 month before the end of each 12-month period.
For anySubscription subscription for an initial period of less than 12 months, theUser who has not terminated this initial period at least 15 days before its end by registered letter with acknowledgement of receipt is committed for a new period of 12 months, also renewable at the end by tacit agreement.
Article 4: Pricing conditions - Invoicing.
The following Services are free of charge and will not be invoiced by REECALL:
- 2 hours/month of first-level telephone support for the use of theApplication and Services, excluding specific settings or requests requiring the intervention of a developer. Available during Reecall office hours, Monday to Friday.
For other Services, the price of the Service chosen by theUser shall be invoiced to the User and shall be debited from the User's bank account in accordance with the information provided by the User in accordance with the conditions set out in Article 5 below. This bank information must be updated immediately by theUser on theApplication or via the Stripe® system in the event of a change. If the User fails to do so, REECALL reserves the right to suspend theSubscription for a maximum period of 6 months and to terminate the present contract at theUser 's expense after this period.
The prices of each Service are specified in REECALL's commercial documentation available to the User, and failing that, in the quotations established for each Subscription.
REECALL reserves the right to modify the price of its services at any time and without notice. In the event of renewal of the subscription, it is the responsibility of theUser to inform him/herself of the current rates by consulting the REECALL commercial documentation beforehand. TheUser will be notified of any changes to these general terms and conditions at the email address provided at the time of registration. TheUser therefore accepts that REECALL may inform him/her of any changes to these General Terms and Conditions and prices by email.
All invoices are notified to theUser at the e-mail address given at the time of registration. Invoices are payable in cash from the date of notification and the amounts including VAT are automatically deducted from theUser 's bank account provided at the time of registration. Any change in theUser 's bank details must be updated on theApplication by theUser without delay.
Any invoice i) can be downloaded in PDF format during the validity period of the subscription, in theUser 's REECALL account accessible with his/her personal login on theApplication, or ii) can be requested within 5 years from the date of publication of the invoice on theApplication.
For invoicing purposes, theUser undertakes to provide REECALL with its company name and invoicing address in the interface provided for this purpose and to download its invoice within one calendar month of the execution of the Service.
Any amount that remains unpaid will be increased by interest on arrears at the rate of three times the legal interest rate in force from the first day of delay after the due date. In addition, a fixed indemnity of 40 euros for collection costs shall apply.
Article 5: Responsibility of REECALL.
REECALL 's responsibility is limited to the management of tickets resulting from a Customer 's request and to the transmission of this information in the form of a ticket to theUser, who may then administer these tickets and follow up on them, under his sole responsibility.
REECALL shall not be liable (i) if a Customer 's request is unsuccessful, (ii) if the partial execution or poor execution of theUser 's service to the Customer is due to facts over which REECALL has no reasonable control, (iii) if an unforeseeable and insurmountable act of a third party unrelated to the provision of the Services occurs, or (iv) if a case of force majeure, within the meaning of Article 1218 of the Civil Code, preventing the execution of these General Terms and Conditions under normal and expected conditions occurs: breakdown or malfunction of computers and/or telecommunication networks preventing the availability of the online Services, unavailability of Professionals, strike, demonstration, ..., this list not being exhaustive.
Upon acceptance by theUser of a Customer 's request as transmitted by REECALL in the form of a ticket, theUser shall be solely responsible for the execution of the services it performs for the Customer, for complying with the rules of the profession and for fulfilling all obligations set out by law and regulations.
It is the Customer 's responsibility to obtain from the Professional with whom he/she has entered into a relationship all elements relating to the service provided by the Professional (information, advice, invoice, etc.), as REECALL is not in a position to provide this information and is only acting as a digital interface provider for the communication between the Customer and theUser
REECALL cannot be held responsible for direct and indirect damages (such as loss of market or loss of opportunity) resulting from the use of theApplication.
REECALL reserves the right to delete, without prior notice, any content published on theApplication that contravenes the legislation applicable in France, in particular the provisions relating to harassment, discrimination and data protection, without however creating an obligation for REECALL to permanently verify the legality of the content published on theApplication. Where applicable, REECALL also reserves the possibility of calling into question the civil and/or criminal liability of theUser, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
Article 6: Provisions specific to the payment of Services from the Application.
6.1 - Electronic payment by CB
Payment for the Services offered online and any fees due in application of these General Terms and Conditions may be made by secure electronic payment by payment card, via the Stripe® system.
The transaction is carried out by theUser in accordance with banking security standards. Thanks to the encryption system, the bank details (payment card number and expiry date) communicated by theUser cannot be intercepted by a third party.
By providing his or her bank details, theUser accepts in advance and unconditionally that REECALL and Stripe® will proceed with the secure transaction. TheUser therefore authorises his bank in advance to debit his account on the basis of the records or statements transmitted by REECALL, even in the absence of invoices signed by the cardholder.
The User** also declares that he/she has read and accepted without reservation the Stripe® general terms and conditions of use available at the following address: https: //stripe.com/fr/privacy
In accordance with Article L 133-8 of the Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating the information relating to his/her payment card, theUser authorises REECALL to debit his/her payment card for the amount corresponding to the price including VAT. To this end, theUser confirms that he/she is the holder of the card to be debited and communicates the sixteen digits and the expiry date as well as, if applicable, the visual cryptogram numbers.
6.2 - Other payment methods
With the authorisation of REECALL, theUser may pay for services by direct debit, either one-off or recurrent (SEPA), or by cheque. In this case, the User undertakes to provide and update all banking information to REECALL to enable payment to be made.
6.3 - Use of promotional codes
REECALL is likely to propose promotional offers to Professionals which will be materialised in the form of promotional codes.
These promotional codes may only be used in the context of the Services offered by REECALL on its Application. These promotional codes may only be used in accordance with the specific conditions of access (terms, period, conditions,user category, etc.) specified on the REECALL website, on its Application, or on other REECALL media (e-mails, commercial presentations, Facebook postings, displays, etc.) for each promotional code.
These promotional codes may not be duplicated, marketed, distributed or transferred in any way, even free of charge, nor may they be made available to anyone (whether posted on a public forum or otherwise), unless expressly authorised by REECALL.
REECALL reserves the right to suspend or stop these temporary promotional offers at any time, particularly in the event of attempted fraud or misappropriation in any form whatsoever, by deactivating the corresponding promotional code(s) without theUser being able to exercise any recourse or justify any direct or indirect prejudice.
Article 7: Availability of the service.
REECALL shall endeavour to make the Services operational on a quasi-permanent basis, 24 hours a day, 365 days a year. However, REECALL reserves the right to interrupt the service, with or without prior notice, for reasons inherent to the operating constraints. For this reason, REECALL is bound by an obligation of means concerning the permanence of its services and the functionality of the Application.
Accessibility to the Services is furthermore conditioned by theUser 's use of sufficient computer resources, an appropriate Internet browser (list of compatible browsers on request) or a smartphone that is compatible in terms of hardware and software (theUser may obtain the recommended configuration(s) from REECALL on request).
Article 8: Intellectual property.
In application of the intellectual property code, all elements of theApplication, the website, advertisements, web banners, commercial presentations, videos, all graphics, images, text, logos, databases and programmes are the full and complete property of REECALL, with the exception of elements provided by Users such as logos, signs, texts presenting the Professional and his activities, etc.
Any total or partial reproduction, modification or use of one or more of the elements mentioned in the previous paragraph, for any reason and on any medium whatsoever, without the express prior agreement of REECALL is strictly forbidden and liable to prosecution.
Any unauthorised use of the Application or of any of the elements it contains or which enable it to function will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
Article 9: Protection of personal data.
The Services, which are the subject of these General Terms and Conditions, are subject to the applicable regulations on the protection of personal data, including REGULATION (EU) 2016/679 OF THE PARLIAMENT AND OF THE COUNCIL of 27 April 2016 ("GDPR") and any other legislative or regulatory texts that supplement or replace it (the " Applicable Regulations ").
The personal data provided by theUser when registering on theApplication and those collected when opening a ticket are mandatory and relevant for the execution of the Services. Without this information, REECALL 's services cannot be provided.
This information is :
- Name and surname
- Postal address
- Telephone number
- E-mail address
REECALL collects and stores the personal data processed exclusively and for the time strictly necessary for the execution of its services, for the full functioning of theApplication, and for the defence of its rights. Beyond this period, the personal data will no longer be kept.
REECALL reserves the right to record and store, for the purposes of proof, in order to ensure the functioning of theApplication, to optimise the efficiency of the payment process for the Services, and for the exclusive purposes of providing services and monitoring the commercial relationship with theUser, all information relating to the data of the Users and Customers, to the calls it receives from the Usersand to the identification data of the Users.
No personal data is passed on to a third party.
TheUser accepts without reservation that the data constituting his identifiers or allowing his interaction with theApplication, his email address, his password and his telephone number are processed in a secure manner by service providers external to REECALL, such service providers being committed to respecting the applicable Regulations.
In order to ensure the security and confidentiality of personal data collected as part of its service, REECALL implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and REECALL cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the applicable Regulations, theUser and the Customer have the right to request access, limitation, rectification and deletion of data concerning them and to oppose their processing within the limits provided for by the applicable legislation. They also have the right to refuse any automated processing of personal data concerning them and the right to refer the matter to the CNIL.
To exercise these rights, theUser may, at his or her option, either send an e-mail via theApplication or send a letter or e-mail to the Data Protection Officer (DPO):
REECALL SASData Protection Officer (DPO)8 allée du Levant69890 LA TOUR DE SALVAGNY
REECALL reserves the right, in case of doubt about identity, to request a copy of the identity document of the person concerned by the processing of personal data.
Furthermore, theUser is informed of his right to register on the BLOCTEL list of opposition to telephone canvassing in accordance with the legal provisions.
To complete this information, theUser shall consult the REECALL Personal Data Protection Charter directly from theApplication by following the links labelled "Data Protection".
Article 10: Geographical limitation of use.
Use of the Application and its Services is limited to the French metropolitan territory.
Article 11: Applicable law - Jurisdiction - Settlement of disputes.
The present General Conditions are subject to French law.
They are written in French. In the event that these General Conditions are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
In the event of a dispute concerning the validity, interpretation, execution, breach and consequences of these General Conditions, the dispute will, in the absence of an amicable agreement between the parties, if theUser is a trader, fall within the exclusive jurisdiction of the Lyon Commercial Court.
If theUser is acting as a consumer within the meaning of the preliminary articles of the Consumer Code and in accordance with Article L. 612-1 of the same Code, theUser has the possibility of having recourse free of charge (except for possible legal and expert fees) to a mediation mechanism for the amicable resolution of any dispute. Prior to any mediation, theUser must submit a written complaint directly to REECALL at the e-mail or postal addresses mentioned in the legal notice on the REECALL website.
The request for mediation must be made within one (1) year of this written complaint, failing which it will be inadmissible. It is proposed that the User has recourse to the online mediator Lyon-Médiation, which can be accessed at the following address: https: //lyon-mediation.fr/mediateur-de-la-consommation-resolution-litiges-conflits-ligne-rll-rel/. TheUser may contact the mediator directly at the above-mentioned Internet address.
In accordance with Article L. 612-4 of the Consumer Code, mediation is not mandatory. TheUser and REECALL are free to accept or refuse the solution proposed by the mediator.
Article 12: Evolution of the General Conditions.
REECALL reserves the right to modify the General Terms and Conditions of the Services by publishing a new version of these terms and conditions on its Application. TheUser will be informed of any modification by notification on theApplication or by e-mail. The User must take note of any changes to the General Conditions. If they do not, they will no longer be able to access theApplication and use its services. The General Terms and Conditions applicable are those in force at the date of use of the Services.