TERMS AND CONDITIONS OF USE OF Cookly

The website accessible at the following URL address:  http://cookly.mobi , is edited by Intech SAL company
 
 
Article 1: OBJECT 

 

The following General Conditions of Use (Hereinafter referred to as ‘’GCU’’)  are intended to define the conditions under which the users of the Site, whether or not they have an account (referred as   ‘’the  users’’)   can access and use the website accessible at the following URL address   :  http://cookly.mobi as well as any content, tool, service and functionality made available on said WebSite at the sole discretion of INTECH, which are exclusive property of INTECH (hereinafter referred to as "WebSite"). 

 

Use of the WebSite implies acceptance and respect of these GCU. 

 

INTECH reserves the right to modify at any time the GCU, by publishing a new version on the WebSite. Use and / or access to the WebSite implies the acceptance of the new Terms. 

 
 
Article 2 – REGISTRATION 
  

In case of account creation, the information provided must be exact, complete and updated. Moreover, the logins, email addresses, etc. must not infringe the rights of third parties in any way. 

 

To access his account, the User will have to enter his username/login and password. 

 

The User login and password are personal and confidential. The User undertakes not to disclose them and / or assign them to a third party, and to take all the necessary measures to preserve this confidentiality. 

 

Minors can only use and access the WebSite and / or the Services with the authorization of their parents or legal representatives, who in any case remain the only responsible for any wrongful acts of minors on which they hold the authority, as well as possible harmful consequences of the use of the Site and / or Services by them. Minors are invited to read carefully these Terms/GCU. 

 

INTECH reserves the right to refuse the creation of the account, disable it and / or delete it at any time, without notice. 
 
 
Article 3 - PERSONAL DATA 

 

Personal data collected by INTECH as part of the use of the WebSite will be subject to automated processing treatment. 

 

It is specified that “Cookies”, whose only function is to identify the Users (URL, IP address, time and date of navigation, etc.), are automatically collected during each connection on the WebSite and have the exclusive purpose to allow, improve or ease the access and use of the WebSite and / or Services. Users can block them by following the procedure indicated on their browser. It is nevertheless specified that the use of the Website might be altered in this case. 

 

The personal data collected are necessary for the management of the account, for the improvement of the WebSite and in order to extract the best benefit of the Users features, contents, tools of the WebSite and to adapt them to their specific needs and uses. They may also be used to target advertisements on the WebSite and the Application and to offer products and services adapted to the Users needs and uses. 

 

The consignee of the personal data collected is only by INTECH. They may, nevertheless, be communicated to third parties pursuant to a law, a regulation or a decision of a competent authority. 

 

INTECH commits, with regard to the persons concerned, to take all the necessary precautions to preserve the security of the personal information concerning them. 

 

The personal data collected will be kept by INTECH for the strictly necessary duration to achieve the purpose mentioned hereabove.  

 

The Users have a right of access, rectification, opposition and withdrawal of the information concerning them, which they can exercise by emailing to   [email protected]   

 

Subject to having obtained/collected User prior consent, INTECH could transmit to its partners the information concerning it, in the context of marketing and commercial and promotional operations, joint or not. 
 
 
 
Article 4- INTELLECTUAL−PROPERTY 

 

The WebSite and all the elements and contents attached to it, provided or represented, in any way, and without this list being limited, the Contents, applications, tools, services, texts, images, trademarks, logos, names, softwares and technical tools, databases, designs and models, are protected by the intellectual property law and are subject to the laws and regulations applicable in this field (hereinafter collectively referred to as "Contents"). 

 

INTECH owns the intellectual property rights relating to the Contents or has obtained a regular license from their respective owners. 

 

The use and access to the Content do not give the User any intellectual property rights over any element of the Content, which remains the property of their respective owners. 

 

In general, INTECH grants Users a free, personal, non-exclusive and non-transferable right of access and use of the WebSite (excluding the viewing of Content on the WebSite), subject to acceptance and respect of the present GCU. 

 

INTECH authorizes the Users to view the video content that may be provided on the WebSite at the sole discretion of INTECH, in streaming only, on a non-exclusive basis and for exclusively personal purposes, from the WebSite, through tools provided by INTECH, under the conditions referred herein, and subject to acceptance and compliance with the present GCU. 

 

It is understood that the User is prohibited (i) to download, in whole or in part, the video content (s), permanently, on one or more devices (ii) and more generally to harm in any way the intellectual property rights attached to the WebSite and / or Contents (including video content that may be provided on the WebSite). 

 

Any exploitation, reproduction, representation, modification deletion, grant, download, copy, alteration, distribution, transmission, translation, dissemination, sale, rental, decompilation, in particular, of the Content, in whole or in part, in any manner, on any medium is strictly prohibited, except with the express written consent of INTECH or its licensors . 
 
 
 
Article 5 - AVAILABILITY OF THE WEBSITE 

 

The WebSite is accessible 24/7, except interruption, programmed or not, for maintenance purposes or case of major forces.  

 

The WebSite is provided «as it is", without warranty of any form, without maintenance obligation at the expense of INTECH. 

 

INTECH assumes no responsibility for the operation, availability, access and use of the WebSite or Contents, and for damages of any nature that would result (in particular loss of data, loss of profit, loss profit or customer). 
 
 
Article 6 - USER RESPONSIBILITY 

 

The User agrees to use and access the WebSite in accordance with the present GCU, not to interfere with the proper functioning of the WebSite in any way, not to infringe the rights of INTECH or third parties in any manner, not to violate the law and the regulations in force as well as public order and morality. 

In particular, the User agrees, in the context of use and access to the WebSite not to: 

 

-Violate the intellectual property rights of INTECH or third parties; 
 -Violate the respect for human dignity and minors; 

-Violate privacy; 

-Make propaganda, politics or proselytism; 

-To incite violence, racial hate, discrimination, racism, xenophobia; 

-Make an apology for crimes, including war crimes and crimes against humanity; 

-Be violent and threatening; 

-Spread rumors or false news; 

-Return to third party websites that are contrary to the present GCU; 

-Bypass technical protection systems, carry out or incite acts of piracy, transmit viruses, interrupt, destroy or limit the WebSite functionality as well as any tool, software, hardware ; 

-Harm the image of INTECH or the companies of the Group to which it belongs.  

-In general, the User agrees to respect others and to exercise good judgment in the use of the WebSite. 

-In addition, the User is solely responsible for the use of his account and the actions taken via his account. 
 
 
Article 7 – LIABILITY 
 

7.1   INTECH is responsible for the proper performance of its contractual obligations in the context of its regulatory obligations and the standards in force. 

However, the responsibility of INTECH cannot be engaged if the execution or the bad execution of the Subscription contract is not its fact and is imputable, either to the Customer, or to the unpredictable and insurmountable fact of a third party, or to a case of major force. 

In this context, INTECH will not be held responsible: 

-Malfunctions and/or any interruptions in the provision of Cookly service; 

-Any damage suffered by the Customer and / or any third party through the Cookly service (i) resulting from the action or omission of the Customer, in whole or part, or (ii) due to technical incompatibility of his equipment with the Cookly Service; 

-Any installation difficulty of the application (ii) in case of malfunction of the terminals or the Internet or mobile network, (iii) in case of disappearance, loss or damage, including for damage affecting the hardware necessary to use the Cookly Service. 
 
7.2   The Customer undertakes to indemnify INTECH for any damage, recourse or claim for which the Customer is liable and resulting from its misuse of the WebSite, the Application and / or the Service, and the non-compliance with these GCS. 
 
 
 
Article 8 - CONTACT - ASSISTANCE - CLAIMS 

 

The Customer may contact INTECH, by email: [email protected] 

 

For requests relating to the proper execution of his subscription or for any complaint, the Customer may contact INTECH by email at [email protected] 

 

In case of difficulty occurring during the use of Cookly, the Subscriber has the possibility, before any legal action, to seek a friendly solution with the company INTECH, in particular by addressing the mediator of the business (free for the consumer).