GENERAL TERMS AND CONDITIONS OF USE

1. Preamble

WEEDEV SAS specializes in digital marketing, and more specifically in lead generation via social networks and conversational marketing.

2. Definitions

“Terms of Use” refers to the present General Terms of Use. The “Site” refers to the hipto site. The “Company” refers to WEEDEV SAS, creator and owner of the Site. A “Client” is any natural or legal person seeking to contact a Professional for a service. A “Professional” is any natural or legal person, public or private, who is acting for purposes relating to his or her commercial, industrial, artisanal, liberal or agricultural activity and who calls upon the Company for the purposes of creating or using a Site for establishing contact with Clients created by the Company.

3. Purpose

The purpose of these GCU is to govern the relationship between the Company, on the one hand, and the Clients who use the Site, on the other. Consequently, the fact of using the Site implies the Client’s full and unreserved consent to these GCU. To this end, the Company invites the Client to read the GCU carefully. The Client declares and guarantees that it has read and understood the GTC.

4. Services provided by the Company

The Company puts the Client in contact with the Professional. To be put in contact with a Professional, the Client must fill in the interface provided for this purpose and complete all the fields indicated with an asterisk (*).

The Client, who is a consumer within the meaning of the preliminary article of the Consumer Code, expressly waives his right of withdrawal and requests the immediate execution of the contract to be put in contact with a Professional, to download a guide or any other content, or to carry out a simulation within the meaning of Article L. 221-25 of the Consumer Code by filling in the fields provided for this purpose and clicking on the “send” button.

5. Prices

The services offered to the Customer are free of charge.

6. Accessibility of the Site

The Company will do its utmost to keep the Site accessible and efficient without undue delay or difficulty. However, the Company cannot guarantee that access to the Site will be uninterrupted or trouble-free. In particular, the Company may be required to carry out maintenance work and updates to its Site in order to adapt its content and/or integrate changes to the services and functions offered on it, which may temporarily interrupt access to it, without such interruptions being considered as a breach of the Company’s obligations.

7. Publishing and hosting of the Site

The Site is published and operated by WEEDEV SAS, a simplified joint stock company with a share capital of 50,000 euros, whose registered office is located at 114 rue Gallieni, 92100 Boulogne Billancourt, France. It is registered in the Nanterre Trade and Companies Register under number 820 561 538. Intracommunity VAT number FR: FR02820561538. The Director of Publication is KLM Invest, Deputy Managing Director of WEEDEV. The Site is hosted by IONOS SARL, whose registered office is located at 7 place de la Gare, 57201 Sarreguemines.

8. Liability

In the event of damage caused to the Client or the Company, each party is obliged to minimise its damage.

8.1. Liability of the Company

The Company undertakes to perform its obligations of means in good faith. However, it may not be held liable if the non-performance of its obligations results from the fault of a third party, the fault of the Client or the Professional or from a case of force majeure. The Company is the publisher of the Site. As such, it ensures that the content of the Site complies with the laws and regulations in force.

8.2. Responsibility of the Client and the Professional

The Client undertakes not to use the Site in violation of the laws or regulations in force. The Client is responsible for any damage, direct or indirect, caused by it to third parties or to the Company. The Client acknowledges that :

• The Company is only bound by an obligation of means for all the services it offers;
• The Company does not intervene in the exchanges between the Professional and the Client and does not receive any commission on the possible transactions between these two parties;
• The Company declines all responsibility for any dispute arising between the Professional and the Client, whatever the cause.

9. Intellectual property

The Site as a whole and each of the visual or sound elements that make it up (namely, trademarks, logos, designs and models, illustrations, photographs, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of the Company and/or the holders of the intellectual property rights concerned. All these elements are protected by copyright, trademark law, design law, patent law and sui generis rights.

Consequently, any reproduction, communication, downloading, modification or use, in whole or in part, of any of these elements belonging to the Company or to a third party, for any reason and on any medium whatsoever, requires the prior written authorization of the Company or of their owners, except where authorized by law.

The use, in any form whatsoever, by Users of some of the elements of the Site, and in particular the images and sounds, may also constitute an infringement of the personality rights of the holders of these rights.

The Customer declares and guarantees that he/she is aware that in the event of a breach of any of these obligations, he/she is liable to legal proceedings before the civil and/or criminal courts.

10. Personal data and cookies

10.1. Personal data

Concerned about the protection of your personal data, WEEDEV has appointed a personal data protection officer (known as “DPO”) with the CNIL on 11 June 2021.

The personal data that you communicate to us via the forms available on this site (for example: a request for contact, subscription to the newsletter, etc.) are intended for and processed by WEEDEV, in its capacity as data controller, for internal management purposes and to respond to your request.

In general, you are not required to communicate your personal data to us when you visit our website https://hipto.com/en/. However, when you fill in a form on our site, you may be asked to provide us with certain personal data necessary to manage your request.

The nature and quality of the Personal Data collected about you varies depending on the relationship you have with WEEDEV, the main ones being:

• Identification data such as your name, first name, telephone number, email address
• Connection data such as your password, your IP address, your connection log
• Information relating to your navigation

We collect your Personal Data for specific purposes and on different legal grounds. Your data is transmitted for certain tasks related to the purposes, within the limits of their respective missions and authorizations, to the following recipients:

• Entities of the WEEDEV Group in the context of outsourcing an activity to another entity of the group;
• Service providers and subcontractors that we use to carry out a range of operations and tasks on our behalf, in particular business partners in the mutual insurance, telecommunications, energy, construction and education sectors or our data host OVH. The data is kept in accordance with our legal obligations regarding the statute of limitations and does not exceed what is necessary to complete the purpose

In accordance with the European Data Protection Regulation 2016/619, you can modify, delete, access your data. You also have the possibility to object to or limit the processing of some of your data. Finally, you can request the portability of your data and give us a directive as to the outcome of your data post-mortem.

For more information on how we use your data and how to exercise your rights, please see our privacy policy or contact our DPO at politique de confidentialité ou contacter notre DPO à l’adresse dpo@hipto.com.

10.2 cookies

A cookie is a piece of information placed on your hard drive by the server of the site you are visiting. It contains several pieces of data that are stored on your computer in a simple text file that a server accesses to read and record information.

the https://hipto.com/ website uses functional cookies which are necessary for optimal browsing and optional cookies such as audience measurement or the deposit of third-party cookies subject to your consent.

For more information on how to set your cookies, please see our cookie policy and our privacy policy.

11. Modifications and updates

The Company reserves the right to modify its GCU at any time, in particular in the event of a change in regulations. The new provisions will govern all future relations between the Clients and the Company and only the new version will be binding. The new GCU will only be enforceable against the Clients from the moment they are put online. Any modification shall be brought to the attention of the Clients beforehand. Any use of the services offered on the Site after the entry into force of the modifications shall be deemed to constitute acceptance of the General Conditions thus modified.

12. Miscellaneous

In the event that one of the provisions of these General Terms of Use is considered null and void by virtue of a legal or regulatory provision or a court decision that has the force of res judicata, the other provisions shall remain in force. The fact of not taking advantage of any of the provisions of these Terms of Use shall not be interpreted as a waiver of the right to take advantage of said provision at a later date.

13. Applicable law – Dispute – Handling of complaints – Mediation

These General Conditions are governed by French law. However, the applicable French law may not have the effect of depriving the Customer residing in another Member State of the more favorable mandatory provisions of public policy that its national law would grant him.

In the event of a dispute or claim, the Client should first contact WEEDEV’s Customer Service at the following address: 114 rue Gallieni, 92100 Boulogne Billancourt, WEEDEV will respond as soon as possible.

If the Client’s request for a complaint to the Customer Service is unsuccessful, or if the Customer Service fails to respond within one (1) month, the Client may have recourse to a consumer ombudsman for the amicable resolution of the dispute between the Client and WEEDEV. In this case, the Client must submit its request to the Insurance Mediation Ombudsman, whose contact details and procedures for referral are available on its website at the following address http://www.mediation-assurance.org/Bienvenue. In any event, the Customer shall always have the option of bringing the matter before a court. He may choose to bring the matter before the courts of Nanterre (where Weedev is located), the courts of the place where the services were or should have been provided, or the courts of the place where the Customer is domiciled at the time of the conclusion of the contract or of the occurrence of the harmful event.

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Any other questions? Contact us at dpo@hipto.com.

We will answer you as soon as possible.