Terms of Service
The Bric Resilience Web Platform Application (hereinafter the " Application ") allows you to creates communities of resilience in your geographic area. The Application is developed and operated by OGOXI, a simplified joint-stock company, registered with the Trade and Companies Register of TARBES under number 808 018 048 and whose head office is located at PIC PYRENEES INNOVATION 65150 – SAINT LAURENT DE NESTE (here- after “ OGOXI ”).
ANY USE MADE IN ANY REASON WHATSOEVER OF THE APPLICATION IMPLIES THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL CONDITIONS OF USE (CGU).
The present General Conditions of Use (CGU) concluded between OGOXI on the one hand and the User on the other hand (hereinafter collectively referred to as " the Parties ") are intended to set the contractual provisions relating to the respective rights and obligations of the Parties in connection with the use of the Application.
The Application can be accessed directly online at the address https://platform.bric-network.com (hereinafter the “ Site ”) or, if available, can be downloaded to a mobile phone or tablet.
All Users can thus access the Application from a tablet, smartphone or computer.
The terms, mentioned below, have, in these General Conditions of Use, the following meaning:
“Subscription”: refers to the subscription taken out by a non-professional User (Advanced Users) in order to benefit from Advanced Features of the Application.
"Application": means the application published by OGOXI accessible directly on the Site or, if available, downloadable on a phone or tablet. The Application brings together all the pages and Features offered to Users.
“Documentation”: designates all the information and documents provided by OGOXI to the User concerning the Application, including in particular its commercial documentation and any instructions for use provided with the Products.
“Data”: designates the technical and scientific data, in particular meteorological or environmental, included in the Application and to which the User can access in different forms thanks to the Functions present in the Solution.
“Client”: refers to a natural or legal person, public or private actor, having entered into a service contract with OGOXE in order to benefit from specific services dedicated to professionals, and in particular Professional Features.
“Account”: designates the interface hosted in the Application in which the data of a Designated User is grouped and allowing him to access the various Functions. Access to the Account is done using Identifiers.
“General Conditions of Use ” or “ Contract ”: refers to these contractual conditions intended to govern the use of the Application by the User. The General Conditions of Use are accessible within the dedicated tab of the Application.
“ Content ”: refers to all information, texts, logos, brands, animations, designs and models, photographs, data, hypertext links and in general all the elements and content of OGOXI published on the Application. The Content includes in particular the Data enriched, modified, reused or even adapted by OGOXI for the provision of the Application.
“Functionalities”: refers to all the functionalities accessible on the Application and provided to Users by OGOXI through the Application and in particular access to data on environmental risks. Depending on the User's registration procedures, the latter benefits from:
- “ Basic Functionalities ”: designates the Functionalities accessible by any User of the Application;
- “ Advanced Features ”: designates the Features specific to the Subscription and accessible to Advanced Users;
- “ Professional Features ”: designates the features of the Application which are reserved for Customers and their Professional Users.
“Identifiers ”: refers to a User's login (e-mail address or pseudonym) and password, necessary to access his Account.
“ Offer ”: refers to the category of Users (Basic, Advanced or Professional) to which the User belongs and the Features from which he benefits according to the option chosen.
“ Parties ”: in the plural, designates together OGOXI and the User. In the singular, designates only one of the two Parties.
“ Site ”: refers to the OGOXI website accessible from the link: https://platform.bric-network.com .
“ User ”: refers to any natural person who accesses the Application and benefits from the Services offered. Users can be:
- “ Basic User ”: refers to any User who accesses the Application on a non-professional and free basis.
- " Advanced User ": refers to any User who accesses the Application on a non-professional basis but as part of a "Family" Subscription (paid). As such, it benefits from Advanced Features.
- “ Professional User ”: designates any User using the Application as staff, employee or representative of a Client.
3. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The use of the Functionalities of the Application implies the acceptance of these General Conditions of Use.
By accepting these General Conditions of Use, the User undertakes to respect the various obligations provided for therein.
The User undertakes to carefully read these General Conditions of Use when accessing the Application, and is invited to download them, print them and keep a copy.
These General Conditions of Use are referenced within the dedicated tab of the Application and can thus be consulted at any time.
4. TECHNICAL SPECIFICATIONS
To access the Features offered, the User must be able to access the Site or, if available, download the Application.
OGOXI informs Users of any incompatibilities, installation restrictions or interoperability conditions of the Application, if any. In particular, Users expressly acknowledge that in the event of the use of an obsolete and/or non-updated Internet browser, access to the Application and the Functions may be incomplete, faulty, or even impossible, in which case OGOXI will not can in no way be held responsible for such malfunctions.
By using the Application, the User acknowledges having the means and skills necessary to use the Features offered.
The equipment necessary for accessing and using the Application is the responsibility of the User, as are any telecommunications costs that may be incurred by their use.
5. CONDITIONS OF ACCESS TO THE APPLICATION
To be able to benefit from the Services offered on the Application, the User must only access it, via an Internet browser, or subject to availability, by downloading.
Access to the Application is free for Users, with the exception of Advanced Users, who take out a Subscription, and Professional Users, connected to a Client.
5.1. Registration – Creation of an Account
5.1.1. General provisions
- Registration Form
Any Internet user wishing to access the Application must register as a User by completing an Account creation form (surname, first name, pseudonym, e-mail address and choice of password).
When creating his Account, the User chooses to register as:
- Basic User: by checking the “Free” box;
- Advanced User: by checking the “Family” box;
- Professional User: by checking the “Pro” box.
When the User registers as an Advanced User or Professional User, additional information is requested from him (see articles 5.1.2 "Registration as an Advanced User" and 5.1.3 "Registration as a User Professional ").
The e-mail address to be provided when registering as a Professional User must be a professional address, traceable to a designated Client.
The User undertakes to provide OGOXI with accurate, fair and up-to-date data, which does not infringe, for any reason whatsoever, the rights of third parties and to communicate to OGOXI any necessary update of the data communicated during of his registration.
The User is entirely responsible for the accuracy and updating of the data communicated in connection with the opening and management of his Account.
He undertakes to create only one single Account on the Application. OGOXI declines all responsibility for the harmful consequences that the use of multiple Accounts could have for the same User.
To finalize his registration, the User must validate these General Conditions of Use.
Once his registration has been validated, the User benefits from an account. His e-mail address or his pseudonym and his password constitute his Identifiers. He also benefits from a specific OGOXI identifier, which he can communicate to other Users to receive their notifications.
The User is solely responsible for the use of his Identifiers and for any action carried out through his Account.
In the event that a User discloses or uses his Identifiers in a manner contrary to their intended purpose, OGOXI may then suspend or delete the Account, according to the terms provided for in Article 16 “Duration – Termination”.
Under no circumstances can OGOXI be held liable in the event of usurpation of a User's identity. Any access and action carried out from a User's Account will be presumed to be carried out by this User, insofar as OGOXI has no obligation and does not have the technical means enabling it to ensure the identity of the persons having access to the Application from an Account.
Any loss, misappropriation, or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of the User, the latter being required to notify OGOXI, without delay, by electronic message sent to the following address : firstname.lastname@example.org or via the contact form available on the Site, at the address ogoxe.com/contact.
5.1.2. Register as an Advanced User
Registration as an Advanced User allows individuals, non-professionals, to benefit from Advanced Features, which are added to the Basic Features, accessible to any User.
Registration as an Advanced User gives rise to the subscription of a Subscription according to the pricing conditions set out in Appendix 1 ( Description of the Offers ) and presented to the User when registering.
As such, the Advanced User is invited to choose the terms of his Subscription (duration, terms of payment) and to check these before validating them and proceeding to payment by filling in the information relating to the means of payment chosen, according to the instructions on the Application.
Once the payment has been completed, the Application will acknowledge receipt of the registration and subscription to the Subscription.
A confirmation of the Subscription is then sent to the User by e-mail, provided that the e-mail address provided is correct.
The summary of the Subscription and the confirmation e-mail may be kept and printed by the User. The User may at any time check or modify his current Offer with OGOXI, and, in particular, if necessary, in the parameters of his Account.
5.1.3. Registration as a Professional User
Registration as a Professional User allows natural persons, acting as professionals and attachable to an identified Client, to benefit from Professional Features.
The Professional Features applicable to a Professional User are those that have been selected by the Client to which the Professional User is attached.
When registering as a Professional User, the Professional User must fill in the information relating to the Client to which he is attached, so that OGOXI can verify that the Client has indeed subscribed to OGOXI's services and give the 'Professional User access to the Professional Features selected by the Client.
The e-mail address to be provided when registering as a Professional User must be a professional address.
Basic Users or Users not benefiting from a fixed-term Subscription can unsubscribe at any time.
Advanced Users whose Subscription includes a fixed-term commitment may terminate their Subscription under the conditions set out in Article 16 “Term – Termination”. By terminating their Subscription, an Advanced User becomes a Basic User and can unsubscribe at any time.
Professional Users use their Account in accordance with these General Conditions of Use and the instructions sent to them by the Client and may unsubscribe from the Application at any time. They have an obligation to unsubscribe when their contractual relationship with the Customer ends.
In all cases, OGOXI reserves the right to unsubscribe, at the Customer's request, any Professional User who is no longer attached to it.
6. HOW THE APPLICATION WORKS
Once registered on the Application, the User can immediately benefit from the Features to which he has access according to his offer. The Features for the different Offers are detailed in Appendix 1 (Description of the Offers) .
The User may at any time check his current Offer in the settings of his Account and decide to modify it with OGOXI and/or, where applicable, directly from his Account, provided that the latter does not does not commit to a fixed term.
OGOXI ensures that the User is informed of the updates necessary to maintain the compliance of the Application during the User's registration period.
When the update supposes an installation by the User, OGOXI will inform the User of the availability of the updates, the methods of their installation and the consequences of their non-installation. In the absence of installation by the User within a reasonable time, OGOXI cannot be held liable for lack of conformity resulting from the lack of update.
OGOXI may also carry out updates to the Application not necessary for its maintenance but allowing the improvement or modification of its operation, the modification of the offer of Functions, the reinforcement of the security of the Application or even the adaptation to technical or regulatory developments.
These updates will be the subject of prior information on the Application and/or by e-mail, specifying the date of their entry into force.
Any Basic or Advanced User may refuse the update or uninstall it later if it has a negative impact on their access to the Application. Unless the update has only a minor impact for the User or OXOGI allows him to keep the Application without the update, he may terminate the Contract as of right and free of charge, within a maximum period of thirty (30) days after the implementation of the update.
The implementation of updates for the Professional User depends on their acceptance by the Client and is governed by the contract concluded between OGOXI and the Client.
7. PAYMENT TERMS
7.1. Payment terms
OGOXI is remunerated by:
- The price of the Subscription, for Advanced Users;
- The price paid by the Customer, for Professional Users.
Basic Users benefit from the Application purely free of charge and OGOXI undertakes not to derive any advantage whatsoever, and in particular commercial, from the data, personal or not, that they provide.
7.2. Means of payment
The Advanced User can pay for his Subscription using the means offered by OGOXI, i.e. by:
- By credit card ;
- By direct debit.
The Advanced User guarantees to OGOXI that he has all the authorizations required to use the chosen means of payment.
OGOXI will take all necessary measures to guarantee the security and confidentiality of the data transmitted in the context of online payment.
It is specified in this respect that all payment information provided on the Application is transmitted to the OGOXI bank and is not stored on the Application.
7.3. Refusal of payment
If the bank refuses to debit a card or other means of payment, the User must contact OGOXI in order to pay for his Subscription by any other valid means of payment accepted by OGOXI.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the User is impossible, the Subscription will be automatically terminated.
8. OBLIGATIONS OF THE PARTIES
8.1. User Obligations
As part of the use of the Application and its Functions, each User undertakes not to undermine public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these General Conditions of Use.
Any User who has taken out a Subscription undertakes to pay the agreed price, according to the terms provided for in these General Conditions of Use and chosen at the time of subscription.
In particular, each User has the obligation to:
- Behave fairly towards OGOXI;
- Be honest and sincere in the information provided to OGOXI;
- Use the Application in accordance with its purpose as described in these General Conditions of Use;
- Not to divert the purpose of the Application to commit crimes, misdemeanors or contraventions punishable by the penal code or by any other law;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the intellectual property rights of OGOXI and any third party;
- Do not seek to undermine the meaning of articles 323-1 and following of the Criminal Code to the automated data processing systems implemented on the Application, in particular through practices such as scrapping ;
- Do not modify the information put online by OGOXI;
- Not to use the Application to massively send unsolicited messages (advertising or otherwise);
- Do not disseminate data that has the effect of diminishing, disorganizing, slowing down or interrupting the normal operation of the Services and the Application.
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1881 relating to the freedom of the press, the User undertakes not to disseminate any message or information:
- Constituting faulty disparagement targeting OGOXI or, where applicable, other Users of the Application;
- Contrary to public order and good morals;
- Offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others;
- Inciting discrimination, hatred of a person or a group of people because of their origin or their membership or non-membership of a given ethnic group, nation, race or religion;
- Threatening a person or a group of people;
- Of a pedophile nature;
- Inciting to commit a misdemeanor, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
- Incitement to suicide;
- Allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general, any software or other tool making it possible to infringe the rights of others and the safety of persons and property;
- Of a commercial nature (prospecting, soliciting, prostitution, etc.).
The User uses the Services under his full and exclusive responsibility.
It is specified that the use of the Services by a child is carried out under the responsibility of his legal guardian.
8.2. Obligations of OGOXI
OGOXI's general obligation is an obligation of means. There is no obligation of result or reinforced means of any kind on OGOXI.
OGOXI undertakes to implement all means to ensure continuity of access and use of the Application 7 days a week and 24 hours a day.
OGOXI undertakes to take the technical and operational measures necessary to guarantee the security of the Application and of the data transmitted by the Users (secure protocols (Https), procedures for restoring the Application in the event of a breakdown or incident, etc.).
However, OGOXI draws Users' attention to the fact that the current communication protocols via the Internet do not ensure the reliable and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
Any Advanced User benefits from legal guarantees as defined by articles L. 224-25-12 and following of the Consumer Code and detailed below.
The User is informed of the application of article L.224-25-12 of the Consumer Code which provides for the delivery of goods that comply with the General Conditions of Use as well as the criteria set out in article L.224-14 . The User may report any lack of conformity existing at the time of supply of the Application within the meaning of article L.225-25-10 of the Consumer Code, which appear during the period of supply of the 'Application as provided for in these General Conditions.
This period does not deprive the User of his right to updates in accordance with article 6.2 "Updates" of the General Conditions of Use and articles L. 225-25-24 and following of the Consumer Code and applies without prejudice to articles 2224 and following of the civil code. The starting point for the prescription of the Customer's action is the day on which the latter becomes aware of the lack of conformity.
This warranty also applies to defects of conformity resulting from the incorrect integration of the Application into the User's digital environment:
- when it has been carried out by OGOXI or under its responsibility; Or
- when this has been carried out by the User, provided that the alleged lack of conformity results from shortcomings in the instructions of OGOXI.
In this regard, pursuant to Articles L.224-25-13 and L.224-25-14 of the Consumer Code, the Application is compliant when:
- 1° It corresponds to its description, to the type, quantity and quality concerning any characteristic provided for in these General Conditions of Use (compatibility, accessibility, continuity, etc.), and in particular the Functionalities, or that the User can legitimately expect for an application of the same type, having regard to the nature of the Application, as well as to the public declarations made by OGOXI or any person upstream in the chain of transactions, including in advertising or on the labeling ;
- 2° It is specific to any special use sought by the User, brought to the attention of OGOXI at the latest at the time of the conclusion of the General Conditions of Use and accepted by the latter;
- 3° It is delivered with all the accessories as well as the assistance that must be provided in accordance with the General Conditions of Use or that the User can legitimately expect;
- 4° It is updated in accordance with the Contract and what the User can legitimately expect;
- 5° It is specific to the use usually expected of an application of the same type;
- 6° It is provided according to the most recent version available at the time of the conclusion of the General Conditions of Use, unless otherwise agreed by the Client and OGOXI;
- 8° It is provided throughout the duration of the execution of the General Conditions of Use.
However, OGOXI is not bound by any public declarations mentioned in 1° above if it demonstrates: (a) that it did not know them and was not legitimately able to know them; (b) that at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or (b) the public statements could not have influenced the purchase decision.
The User may not contest compliance by invoking a defect concerning one or more particular characteristics of the Application, of which he has been specifically informed that they deviate from the compliance criteria, a deviation to which he has expressly and separately consented when the conclusion of the General Conditions of Use.
As such, the Application may in particular experience interruptions during the period of supply of the Application in accordance with articles 8.2 "Obligations of OGOXI" or in the context of the situations described in article 10.1 "General Provisions" dismissing liability from OGOXI.
Throughout the contractual period of supply of the Application, the proof of the conformity of the Application is the responsibility of OGOXI.
OGOXI is not responsible for any lack of conformity directly attributable to the incompatibility between the Application and the User's digital environment when the User had been previously informed by OGOXI of the technical compatibility requirements. The User must therefore cooperate with OGOXI, to the extent reasonably possible, in order to establish whether or not the lack of conformity is caused by the incompatibility in question. In the absence of cooperation, the User will bear the burden of demonstrating the non-compliance of the Application.
In the event of a lack of conformity, the User has the right to have the Application brought into conformity or, failing that, to a price reduction or resolution of the price in accordance with Articles L. 224-25-17 et seq. of the Code. consumption. The User also has the right to suspend payment until OGOXI has complied with its warranty obligations under the conditions of Articles 1219 and 1220 of the Civil Code.
Compliance takes place free of charge, without unjustified delay following the User's request and without major inconvenience for him, given the nature and intended use of the Application. He is not required to pay for the use of the Application during the contractual period during which the Application was not compliant.
OGOXI may refuse compliance if this is impossible or entails disproportionate costs with regard in particular to:
- the value that the Application would have had there been no lack of conformity;
- the significance of the lack of conformity.
This refusal is the subject of a reasoned decision in writing or on any durable medium addressed to the Client. When these conditions are not respected, the User may, after formal notice, pursue the forced execution in kind of compliance.
The User has the right to a price reduction or to the resolution of the General Conditions of Use (unless the lack of conformity is minor) in the cases and according to the methods provided for in article L.224-25-20 of the Consumer Code, that is to say, in particular, in the event of refusal to comply or OGOXI's failure to comply, in accordance with the aforementioned article.
The User is not required to request prior compliance when the lack of compliance is so serious that it justifies the reduction of the price or the resolution of the General Conditions of Use being immediate.
The User informs OGOXI of his decision to obtain a price reduction or the resolution of the General Conditions of Use.
The reduction in price is proportional to the difference between the value of the Application supplied and the value of the Application free of defects.
OGOXI reimburses the User and returns to him any other benefit received under the General Conditions of Use as soon as possible and at the latest within fourteen (14) days following notification of the decision to terminate the Contract or get the price reduction. Unless expressly agreed by the User and at no additional cost, reimbursement will take place using the same means of payment as that used for the purchase.
In the event of termination of the General Conditions of Use, the User refrains from using the Application or making it accessible to third parties.
OGOXI returns to the User, free of charge and within a reasonable time, in a format commonly used and readable by any machine, any content provided or created by the User during his use of the Application (other than personal data) , unless this one:
- 1° is of no use outside the context of use of the Application;
- 2° relates only to the User's activity when using the Application; or
- 3° if this content has been aggregated by OGOXI with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
OGOXI undertakes to only use the content provided or created by the User (other than personal data) if it was generated jointly with other Users or if other Users can continue to use it.
The provisions of this article are without prejudice to the allocation of damages.
10.1. General provisions
The User is solely responsible for his use of the Application.
In particular, the User is solely responsible for damage resulting in whole or in part:
- Misuse of the Application, including negligence;
- Intrusion or fraudulent use by a third party from their device connecting to the Application (telephone, computer, tablet, etc.);
- Equipment used to access the Application.
OGOXI declines all responsibility in particular:
- In case of impossibility of temporarily accessing the Services for technical maintenance operations or updating of published information. OGOXI will do its utmost to inform Users of interruptions in the operation of the Application. Users acknowledge that OGOXI cannot be held liable in the event of malfunctions or interruptions of the transmission networks;
- In the event of viral attacks, illicit intrusion into an automated data processing system;
- In the event of abnormal use or illicit exploitation of the Application by a User or a third party;
- In the event of non-compliance with these General Conditions of Use attributable to Users;
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 12 "Force Majeure" of these General Conditions of 'Use ;
- In the event of a foreign cause not attributable to OGOXI;
- In the event of unlawful action by another User of the Application.
In the event of abnormal use or illicit exploitation of the Application, the User is then solely responsible for the damage caused to third parties and the consequences of the claims or actions that may result therefrom.
10.2. Responsibility for content
The Application allows Users to access and view Data, in different forms depending on the terms offered by the Functionalities and Services subscribed to.
The Data is the property of OGOXI or third parties. OGOXI guarantees that it has all the necessary authorizations to publish the Data on the Solution, in accordance with article 13 “Intellectual Property”.
It is expressly agreed between the Parties that the Data is provided for informational purposes only, with the aim of enabling Users to anticipate certain risks or to assist in decision-making.
The User expressly acknowledges that under no circumstances can OGOXI or the third party holders of the rights to the Data guarantee its accuracy or completeness.
Consequently, OGOXI declines any responsibility concerning the Data, and in particular any responsibility resulting from the exploitation of the Data by the User or from actions taken by the User following an awareness of the Data.
10.2.2. User Content
It is reminded that for all the elements which would be published by the User on the Application, OGOXI will have the quality of host within the meaning of article 6 I 2) of the law of June 21, 2004 for the confidence in the digital economy.
As such, OGOXI reserves the right to withdraw any content that has been reported to it and that it considers to be manifestly illegal within the meaning of Article 6 I 2° of the LCEN.
Notification of manifestly illegal content by a User or any other third party must be made by email to
email@example.com ou par courrier en recommandé avec avis de réception à : OGOXI – PIC PYRENEES INNOVATION 65150 – SAINT LAURENT DE NESTE.
Conformément à l’article 6 I 5° de la LCEN, la notification, pour être valide, doit reprendre les éléments suivants :
- La date de la notification ;
- Si le notifiant est une personne physique : ses nom, prénoms, profession, domicile, nationalité, date et lieu de naissance ; si le requérant est une personne morale : sa forme, sa dénomination, son siège social et l’organe qui la représente légalement ;
- Les nom et domicile du destinataire ou, s’il s’agit d’une personne morale, sa dénomination et son siège social ;
- La description des faits litigieux et leur localisation précise ;
- The reasons why the content must be removed, including the mention of the legal provisions and the justifications of facts;
- A copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification that the author or publisher could not be contacted.
11. RIGHT OF WITHDRAWAL
Advanced Users have a right of withdrawal. The procedures for exercising this right are provided for in the Withdrawal Policy available in Appendix 2 “Retraction Procedures”.
12. FORCE MAJEURE
OGOXI's liability cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these General Conditions of Use results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the Contract. If the impediment is final, the Contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the aforementioned events, OGOXI will endeavor to inform the User as soon as possible.
13. INTELLECTUAL PROPERTY
13.1. Intellectual property of OGOXI
The user acknowledges the intellectual property rights of OGOXI on the Application, its components and the related Content and waives the right to challenge these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, audio recordings, software solutions, Data, and texts and any other content of the Application, are the intellectual property of OGOXI or of third parties from which it has obtained the authorization to reproduce the visuals and cannot be reproduced, used or represented without express authorization or according to the methods provided for by the licenses of the partners under penalty of legal proceedings.
OGOXI only authorizes the reproduction of the Content for the exclusive purposes of information for strictly private use.
With the exception of private use, any representation or reproduction, total or partial, of the Application or its Content, by any process whatsoever, without the express prior authorization of OGOXI is prohibited and will constitute infringement sanctioned by the provisions of the Intellectual Property Code.
In particular, OGOXI expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever;
- The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever the form;
- The reproduction, extraction or reuse, by any means, including methods similar to scrapping of the Content (photographs, description, etc.) published by OGOXI.
Acceptance of these General Terms and Conditions of Use implies recognition by Users of OGOXI's intellectual property rights and a commitment to respect them.
OGOXI grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Application and the information it contains in accordance with these General Conditions of Use.
Any other use of the Application and its Content is excluded from the scope of this license and cannot be carried out without the express prior authorization of OGOXI.
13.2. Third-Party Licensed Data
As such, in order to provide the Application, OGOXI reuses Data from the following sources:
- https://www.data.gouv.fr/fr/datasets/hauteurs-deau-et-debits-des-cours-deau-observes-en-temps-reel-aux-stations-du-reseau-vigicrues/ ;
- https://hubeau.eaufrance.fr/page/api-piezometrie ;
- https://www.data.gouv.fr/fr/datasets/resultats-du-controle-sanitaire-de-leau-distribuee-commune-par-commune/ ;
- https://ws.resif.fr/ ;
- https://atmo-france.org/les-donnees/ .
OGOXI has ensured that it is authorized to reuse this Data under the applicable licenses and/or provided by their authors.
Data from sources 2 to 4 are subject to an open license accessible here . As such, any User can find the Data used to design and develop the Application at the link mentioned above.
Data from source no. 5 comes from Résif-Epos, a Research Infrastructure (IR) piloted by CNRS-INSU. Registered on the roadmap of the Ministry of Higher Education, Research and Innovation, IR Résif-Epos is a consortium of eighteen French research organizations and establishments. Résif-Epos benefits from the support of the Ministry of Ecological Transition. This Data is subject to the CC-BY-04 license, accessible here . Any User may therefore reuse them in their original form to create their own content.
The Application also integrates information from the databases of Approved Air Quality Monitoring Associations (Atmo France), currently made available under the conditions of the ODbL license (Open Database License) accessible here . These data are accessible on the Atmo France website .
As such, Users may be authorized to reuse the Raw Data from these sources in accordance with the license conditions applicable to them.
On the other hand, these license conditions do not give Users the possibility of reproducing the Contents of OGOXI or the Functionalities of the Solution created from this Data, except for contrary license conditions or specific license granted by OGOXI to the Client.
This Data may thus have been modified and/or updated by OGOXI.
Finally, the Application may contain Data resulting from the use made by OGOXI Customers or any User of the Solution. OGOXI guarantees that it holds the necessary authorizations to reuse this Data under the contracts concluded with the Users.
13.3. User Property
Any content or data that would be integrated by the User remains his property.
In the event that a User is required to generate and/or integrate into the Solution data qualifying as "Data" within the meaning of this Contract (technical and/or scientific data in connection with the objectives of the Application), the User remains the holder of all rights to this data.
On the other hand, for the purpose of enriching the Solution, the User expressly grants OGOXI a right to reproduce and represent such data or content, including their distribution, publication, use, adaptation or modification, for any the duration of the rights relating thereto and for the whole world.
The User is therefore informed that the scientific or technical data that he integrates, knowingly or not, into the Application may be aggregated in the Application by OGOXI and as such, viewed by any User or Customer accessing the 'Application. These Users or Clients will be informed that this Data comes from other Users or Clients. The identity of the legal entity at the origin of the Data will be visible on the Application. In accordance with article 10.2. "Responsibility for Content", OGOXI does not bear any responsibility for the Data provided by Users and made available on the Application.
14. PROTECTION OF PERSONAL DATA
Any consumer has the possibility to register for free on the BLOCTEL canvassing opposition list https://conso.bloctel.fr/index.php/inscription.php
In accordance with Law No. 2020-901 of July 24, 2020 aimed at regulating cold calling and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the list of opposition to cold calling when he these are solicitations occurring within the framework of the execution of a contract in progress and having a relationship with the subject of the said contract, including when it is a question of offering the consumer products or services relating to or complementary to the subject of the current contract or of such a nature as to improve its performance or quality.
As part of the operation of the Application, OGOXI, as data controller, may collect personal data from Users.
This data is collected for the management and provision of the Application, to respond to requests for information on the Features offered, to ensure the proper functioning and continuous improvement of the Application and its Features and to respond to exercise requests. of rights.
15. USER SERVICE
Any question regarding the use or operation of the Application and the Services may be formulated as follows:
- by email to: firstname.lastname@example.org
- by post to: OGOXI – PIC PYRENEES INNOVATION 65150 – SAINT LAURENT DE NESTE
16. DURATION – TERMINATION
16.1. Basic Users
Basic Users benefit from the Application for an indefinite period from their registration and can delete their Account at any time.
OGOXI reserves the right to remove a Basic User's access to the Application at any time and without notice in the event of breach of these General Terms and Conditions of Use.
16.2. Professional Users
Professional Users benefit from the Application for the duration of the contract concluded between OGOXI and the Client, subject to any termination, for any reason whatsoever, of their right of access as a Professional User to the Application at at the request of the User or following the termination of their contractual relationship with the Client.
OGOXI reserves the right to remove a Professional User's access to the Application at any time and without notice in the event of breach of these General Conditions of Use.
16.3. Advanced Users
Advanced Users benefit from the Application for the duration of their Subscription, as subscribed at the time of their registration.
As such, their Subscription may be subject to an automatically renewable commitment period, in which case the User is not authorized to terminate his Subscription before the end thereof except in the event of a breach by OGOXI of its obligations. contractual.
In all cases, each of the Parties (OGOXI or the Advanced User) may terminate the Subscription in the event of default by the other Party, subject to prior formal notice to comply, sent by registered letter with acknowledgment of receipt thirty (30) days before the effective termination.
When the User benefits from an indefinite-term Subscription, the User or OGOXI may terminate the Subscription at any time subject to a notice period of ten (10) days.
17. VALIDITY OF THE GENERAL CONDITIONS OF USE
If any of the stipulations of these General Conditions of Use were to be declared void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed not to be written but will in no way affect the validity of the other clauses which will remain fully applicable.
Such a modification or decision does not in any way authorize Users to disregard these General Conditions of Use.
18. MODIFICATION OF THE GENERAL CONDITIONS OF USE
These General Conditions of Use apply to any User browsing the Application.
19. GENERAL PROVISIONS
The fact that one of the Parties has not demanded the application of any clause of these General Conditions of Use, whether permanently or temporarily, may in no case be considered as a waiver of the said clause.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.
20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS OF USE, THEIR EXECUTION AND THEIR INTERPRETATION AS WELL AS THE RELATIONS BETWEEN THE PARTIES ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, prior to any recourse to the arbitration or state judge, the User acting in a non-professional capacity (Basic User or Advanced User) is invited to contact the OGOXI user service.
Online Dispute Resolution Platform : In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of disputes online between consumers and professionals in the European Union.
This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest .
Mediation procedure : If no agreement is reached or if the Basic or Advanced User justifies having tried, beforehand, to resolve his dispute directly with OGOXI by a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict relating to this contract, including its validity.
To initiate this mediation, the User can contact the mediator of OGOXI: Mediation of Consumption ANM CONSO which can be entered by post at the following address: 62 rue Tiquetonne 75002 PARIS and whose website is accessible at the address following: www.anm-conso.com
The Party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Mediation is not mandatory, the User or OGOXI may withdraw from the process at any time.
IN THE HYPOTHESIS OR MEDIATION WOULD FAIL OR WOULD NOT BE ENVISAGED, THE DISPUTE WHICH COULD GIVE RISE TO MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION NAMED ABOVE.
APPENDIX 1 – DESCRIPTION OF THE OFFERS
Principle of withdrawal
The Advanced User has in principle the right to withdraw by notifying his wish to terminate his Subscription to OGOXI, without giving reasons.
The withdrawal period expires fourteen (14) days after the day on which the User began to benefit from the Application.
Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: OGOXI PIC PYRENEES INNOVATION 65150 – SAINT LAURENT DE NESTE or at the e-mail address: email@example.com .
He can also use the form below:
(Please complete and return this form only if you wish to
withdraw from the contract.)
For the attention of OGOXI – PIC PYRENEES INNOVATION 65150 – SAINT LAURENT DE NESTE
Numéro de téléphone d’OGOXI : 05.82.80.98.02
Adresse de courrier électronique d’OGOXI : firstname.lastname@example.org
Je vous notifie par la présente ma rétractation du contrat portant sur la vente du Produit ci-dessous :
Référence de l’Abonnement : __________________
– Souscrit le [____________]
– Moyen de paiement utilisé : __________________
– Nom de l’Utilisateur : __________________
– Adresse de l’Utilisateur : __________________
– Date et Signature de l’Utilisateur (sauf cas de transmission par courriel)
Pour que le délai de rétractation soit respecté, l’Utilisateur doit transmettre sa communication relative à l’exercice du droit de rétractation avant l’expiration du délai de rétractation.
Effets de la rétractation
En cas de rétractation de la part de l’Utilisateur, OGOXI s’engage à rembourser la totalité des sommes déjà versées, sans retard injustifié, et au plus tard dans les quatorze (14) jours à compter de la date à laquelle il est informé de la décision de l’Utilisateur de se rétracter (Article L.221-24 du Code de la consommation).
Obligations de l’Utilisateur
Lorsqu’il exerce son droit de rétractation, l’Utilisateur renonce à toute utilisation des Fonctionnalités Avancées de l’Application. Il peut néanmoins continuer à bénéficier des Fonctionnalités Basiques, à moins de résilier son Compte.
Exclusions du droit de rétractation
Le droit de rétractation est exclu dans les hypothèses suivantes :
- De fourniture de services pleinement exécutés avant la fin du délai de rétractation et dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation ;
- De fourniture de biens ou de services dont le prix dépend de fluctuations sur le marché financier échappant au contrôle du professionnel et susceptibles de se produire pendant le délai de rétractation ;
- De fourniture de biens confectionnés selon les spécifications du consommateur ou nettement personnalisés ;
- De fourniture de biens susceptibles de se détériorer ou de se périmer rapidement ;
- De fourniture de biens qui ont été descellés par le consommateur après la livraison et qui ne peuvent être renvoyés pour des raisons d’hygiène ou de protection de la santé ;
- De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d’autres articles ;
- De fourniture de boissons alcoolisées dont la livraison est différée au-delà de trente jours et dont la valeur convenue à la conclusion du contrat dépend de fluctuations sur le marché échappant au contrôle du professionnel ;
- De travaux d’entretien ou de réparation à réaliser en urgence au domicile du consommateur et expressément sollicités par lui, dans la limite des pièces de rechange et travaux strictement nécessaires pour répondre à l’urgence ;
- De fourniture d’enregistrements audio ou vidéo ou de logiciels informatiques lorsqu’ils ont été descellés par le consommateur après la livraison ;
- De fourniture d’un journal, d’un périodique ou d’un magazine, sauf pour les contrats d’abonnement à ces publications ;
- Conclus lors d’une enchère publique ;
- De prestations de services d’hébergement, autres que d’hébergement résidentiel, de services de transport de biens, de locations de voitures, de restauration ou d’activités de loisirs qui doivent être fournis à une date ou à une période déterminée ;
- De fourniture d’un contenu numérique non fourni sur un support matériel dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation
OGOXI – SAS
RCS Tarbes 808 018 048
PEAK PYRENEES INNOVATION (65150 – SAINT LAURENT DE NESTE)