Terms of Use

Terms of Use were last updated on March 07, 2023

1. Introduction

These general conditions apply to this website, the Ouivmi application and to transactions related to our products and services. You may be bound by additional contracts in connection with your relationship with us or any product or service you receive from us. If provisions of additional agreements conflict with any provisions of these Terms and Conditions, the provisions of such additional agreements shall govern.

2. Mandatory

By registering on this site or the Ouivmi application, by accessing it or by using it in any other way, you hereby agree to be bound by the general conditions set out below. The mere use of this website or the Ouivmi application implies knowledge and acceptance of these general conditions. In certain specific cases, we may also ask you to give your explicit consent.

3. Electronic communication

By using this website or the Ouivmi application, or by communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically by sending you an e-mail, and you agree that all agreements, notices, postings and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.

4. Intellectual property

We or our licensees own and control all copyright and other intellectual property rights in the Website, the Ouivmi Application and the data, information and other resources displayed or accessible on the Website or the Ouivmi Application.

4.1 All rights reserved

Unless a specific content provides otherwise, no license or other rights are granted to you under copyrights, trademarks, patents or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, merchandise or trade any of the materials in this Ouivmi website or application in any form whatsoever, without our prior written permission, except and only to the extent that it is otherwise stipulated in mandatory law regulations (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you can send our newsletter in electronic form to other people who may be interested in visiting our website or the Ouivmi application.

6. Third Party Property

Our website and the Ouivmi application may include hyperlinks or other references to third party websites. We do not monitor or review the content of third-party websites that link to this website or the Ouivmi app. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or materials appearing on such sites are not necessarily shared or endorsed by us. We are not responsible for the privacy practices or the content of such sites. You assume all risk associated with the use of such websites and any third party services. We will not accept any liability for any loss or damage howsoever caused arising from the disclosure of your personal information to third parties.

7. Responsible use

You agree to use our website and the Ouivmi application only for the purposes intended and authorized by these terms and conditions, by any additional contract entered into with us, and by applicable laws and regulations, as well as by online practices and generally accepted industry guidelines. You must not use our website or the Ouivmi application or our services to use, publish or distribute any material which consists of (or is linked to) malware; use data collected on our website for any direct marketing activity, or conduct any systematic or automated data collection activity on or in connection with our website. Engaging in any activity that causes, or could cause damage to the Ouivmi website or application or that interferes with the performance, availability or accessibility of the Ouivmi website and application. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You will find our contact details below.

8. Idea submission

Do not send any ideas, inventions, works of authorship or other information that could be considered your own intellectual property that you would like to submit to us, unless we have previously signed an intellectual property agreement or a non-disclosure agreement. If you disclose to us absent such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any medium. existing or future.

9. End of use

We may, at our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website, the Ouivmi application, or any related service. You agree that we will not be liable to you or any third party for any modification, suspension or interruption of your access to or use of the website or use of the Ouivmi application or any content that you add to the website or the application. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any content you have contributed or relied upon are permanently lost. You must not circumvent or circumvent, or attempt to circumvent or circumvent, the access restriction measures on our website and the Ouivmi application.

10. Warranties and Liability

Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website, the Ouivmi application and all their contents are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not guarantee this:

  • that this website, the Ouivmi application or our content will meet your needs;
  • this website or the Ouivmi application will be available on an uninterrupted, timely, secure or error-free basis.

Nothing on this website or the Ouivmi application constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter for which it would be unlawful or unlawful for us to limit or exclude our liability. In no event shall we be liable for any incidental or consequential damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss or damage of property or data) suffered by you or any third party as a result of your access to or use of our website. related to the Website or any product and service marketed or sold through the Website or the App Stores, regardless of the form of legal action which imposes liability (whether in contract, equity, negligence, willful conduct, tort or otherwise) will be limited to the total price you paid to us to purchase such products or services or use the website. This limit shall apply globally to all of your claims, actions and causes of action of every kind and type.

11. Privacy

To access our website, the Ouivmi application and/or our services, you may be asked to provide certain information about yourself as part of the registration procedure. You agree that all information you provide will always be accurate, correct and up-to-date. We have developed a policy to address all of your privacy concerns. For more information, please see our Privacy Policy and Cookies Policy.

12. Export Restrictions / Legal Compliance

Access to the Ouivmi website and application from territories or countries where the content or the purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of France.

13. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section shall be null and void.

14. Violation of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including the temporary or permanent suspension of your access to the Ouivmi website and application, contacting your Internet service provider to ask them to block your access to the website, and/or take legal action against you.

15. Compensation

You agree to indemnify, defend, and hold us harmless from all claims, liabilities, damages, losses, and expenses related to your breach of these terms and conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses related to or arising out of such claims.

16. Exemption

Failure to enforce any of the provisions set forth in these terms and conditions and in any agreement, or failure to exercise an option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, nor the right thereafter to enforce any of the provisions.

17. Full agreement

These Terms and Conditions, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Ouivmi regarding your use of this website and the Ouivmi App.

18. Update of these terms of use

We may update these Terms of use. It is your duty to periodically check these terms and conditions to see if they have been modified or updated. The date stated at the beginning of these Terms and Conditions is the most recent revision date. Changes to these Terms and Conditions will be effective as soon as they are posted on this website. Your continued use of this website or the Ouivmi App following the posting of changes or updates will be deemed notification of your acceptance to abide by and be bound by these Terms and Conditions.

19. Choice of law and jurisdiction

These general conditions are governed by the laws of France. Any dispute relating to these general conditions will be subject to the jurisdiction of the courts of France. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent possible. in order to give effect to the intent of these Terms and Conditions. Other provisions will not be affected.

20. Contact information

This website is owned and operated by Ouivmi. The Ouivmi app is owned and operated by Ouivmi.

You can contact us about these Terms and Conditions by writing or emailing us at:

contact@ouivmi.com
Bâtiment B
230 Route de Nîmes
34170 Castelnau-le-Lez FRANCE