These Terms of Service outline the terms of access and use of the website iko-system.com (the « Website »).
IT IS IMPORTANT TO READ AND ACCEPT THESE TERMS AND CONDITIONS CAREFULLY BEFORE ANY USE OF THE WEBSITE INASMUCH AS THEY DESCRIBE YOUR RIGHTS AND OBLIGATIONS AS WELL AS THOSE OF THE COMPANY IKO SYSTEM, WHICH EDITS THIS WEBSITE.
If you do not wish to accept these Terms and Conditions of Use, please do not use the Website.
1 – PRESENTATION OF THE WEBSITE iko-system.com
The Website is an online application which uses interfaces which are linked to the main online social networks to enable you to access a unique platform where you can manage the information accessible from your different accounts on these networks. The aim of this application is to thus enable you to streamline the adminstration of your online “BtoB” business relationships (your clients and your prospective clients in particular).
The services provided by the Website are aimed solely at those who are in a position to subscribe and those who have actually taken out a paying subscription (or who have a temporary free trial period). These services are reserved for the personal use of the Subscriber (or authorised tester), thus excluding use by other, non subscribed, persons.
2 – ACCESS TO THE WEBSITE iko-system.com
2.1 – General terms and conditions of access to the website iko-system.com
Anyone may visit the freely accessible areas of the Website, in particular the welcome page and the pages which contain a presentation of the Website. However, minors may only connect to the Website if they have previously obtained authorisation from a parent or guardian, who agrees to ensure that the minor observes these Terms and Conditions of Use.
Any internet-user who wishes to navigate the Website will be responsible for having the material required in order to access it (computer, navigator, internet connection,…) as well as the costs of connection to the Website.
2.2 – Access to the functions of the Website which are reserved for Subscribers
Those internet-users who wish to have access to the functions of the Website must follow the different steps of the registration process, which are described on the Website (“application sign-up”).
As a broad outline, you must accept these Terms and Conditions of Use, confirm your choice to connect the application iko-system.com to your different online social networks (you are free to choose whether to include or exclude them from the application), fill out your user profile and mention the name of the person who accepts to recommend you to access the services of the Website.
We put this recommendation system in place because we want our application to be limited to friends and iko-system.com users. If you do not know anyone who could recommend you, you can either ask one of the users listed on the IKO SYSTEM fan page on the website Facebook™ to recommend you, or choose our mascot “James” to recommend you. In this case, we will contact you directly to examine the use you intend to make of the services of the Website.
An internet-user who takes out a subscription (“the Subscriber”) may navigate on the Website to use the services it offers from his personal profile, accessible with his “username” and “password”.
The Subscriber’s username and password are and should remain strictly personal. They are under the control and responsability of the Subscriber.
In the event of loss of his username and password, the Subscriber may receive, via email, his username and a new password. He also has the possibility of regularly modifying his username and password to ensure they remain confidential.
In any case, registration and subscription are reserved solely for adult internet users.
c) Versions currently available
If you wish to test the iko-system.com application, you can ask for a temporary free trial version for a period no longer than a month. This test version, which is non-renewable for any given user, has fewer functions than those that are available in the subscription version.
If you wish to subscribe at the monthly price indicated on the Website (subscription for an incompressible twelve-month period), you simply need to choose the full version on the Website.
3 – SUSPENSION OF ACCESS TO THE WEBSITE iko-system.com
3.1 – Suspension of access for technical reasons
The Website is usually accessible 24 hours a day, 7 days a week, other than due to:
maintenance required so the Website continues to function well,
the progress and developments of the Website,
case of force majeure or events beyond the control of the company IKO SYSTEM.
These events could occur without prior warning for internet users and Subscribers, and they may not hold this against IKO SYSTEM, which does not guarantee that access, availability and good functioning of the Website will be uninterrupted or exempt from any error or virus. IKO SYSTEM will, however, do all that is within its power to ensure that access and good functioning of the Website are as continuous as possible.
Generally, internet users and Subscribers declare that they accept the features and limits inherent to Internet and, in particular, acknowledge:
• that access or use of the Website is at their own risk, the Website being accessible “as it is”;
• that it is up to them to take all appropriate steps to protect their material, software and data from possible attacks that might occur on, or via, the Internet, for example computer viruses;
• that they alone are responsible for any damage borne by their computer or any loss of data following access and/or use of the Website;
• that it is up to them to take all necessary measures to ensure that the technical specifications of their equipment enable them optimal consultation of the pages of the Website.
3.2 – Permanent suspension of access due to end of subscription
As long as the Subscriber does not terminate his subscription, it is automatically renewed annually until the Subscriber requests its termination for the next one year period.
It is, however, specified that IKO SYSTEM will inform the Subscriber by email of the possibility of not renewing his subscription three months at the earliest and one month at the latest before the end of the subscription. As a result the Subscriber agrees to monitor his email inbox at the period of the year which precedes the expiry date of his subscription.
Before the expiry date of his subscription, the Subscriber will thus have the possibility of unilaterally terminating it under the rubric “My Account” of the Website and by sending a confirmation letter to the following address: IKO SYSTEM, Tours Mercuriales Ponant – 40 rue Jean Jaurès – 93 170 Bagnolet.
The request for termination will be considered effective at the date of receipt of the Subscriber’s letter by IKO SYSTEM.
In such a case of termination, the Subscriber will naturally lose his right to access the functions of the Website from the moment when the subscription ceases. The request for termination of the subscription, whatever its date, does not incur the reimbursement of the period left until the expiry of the subscription.
3.3 – Suspension of access due to the behaviour of the Subscriber
If a Subscriber does not respect these Terms and Conditions of Use, IKO SYSTEM reserves the right to send him warnings inviting him to change his behaviour, or to bar his access to the Website, temporarily or permanently, according to the seriousness of the breaches observed.
4 – CONTENT OF THE WEBSITE Iko-system.com
4.1 – Content
The Subscriber uses, at his leisure and under his own responsibility, the services of the Website enabling him to streamline the information available on the people with whom he has a relationship on online social networks, namely to manage his business activity (follow-up of prospective clients, of clients,…).
4.2 – Modification of the content
Inasmuch as iko-system.com is a website, which, by its nature will evolve according to technological progress, IKO SYSTEM reserves the right to modify the presentation of the Website or delete information or functions accessible from the Website, to develop it or launch new functions, without the Subscribers being able to claim that the existing application be kept intact or claim for any compensation.
This possibility of developing the Website does not however call into question the Subscribers’ right to continue to benefit from services which are similar overall to those to which they subscribed to the Website.
5 – OBLIGATIONS OF SUBSCRIBERS
5.1 – Obligations relating to information added to their profiles
To fill out their profile, Subscribers agree to provide correct personal details, which must be regularly kept up to date (namely in the event of change of electronic or physical address). They are formally forbidden to use non personal details and each Subscriber agrees to only create one profile corresponding to himself. IKO SYSTEM may use these details to ensure good management of the functions of the Website.
Subscribers must moreover ensure the confidentiality of their username and password. The Subscriber alone is responsible for the use of his username and password, whether fraudulous or not. In this respect, if a Subscriber discovers that his username and password are being used fraudulously by third party, he agrees to immediately inform IKO SYSTEM at the address email@example.com, so that they may be disactivated.
5.2 – Obligations relating to the configuration of the personal profile space
The Subscriber may only configure his personal profile space from his own personal accounts on his online social networks. He is forbidden to use third party accounts, whose username and password he knows, in order to configure his personal profile space. In particular IKO SYSTEM reserves the right to immediately terminate the subscription if it discovers that a Subscriber has breached this rule.
It is specified that the different functions offered by the online social networks platforms depend on these sites and according to the services to which he personally has access on these social networks, the Subscriber may use all or part of the services proposed by the Website.
5.3 – Obligations relating to the behaviour of Subscribers
Subscribers agree, generally, to refrain from using the Website:
- for injurious, libellous means or in any way contrary to law and order and good morals, or in any other reprehensible way;
- in a way that slates a company or its products;
- in a way that constitutes parasitism, unfair competition or counterfeit;
- in a way that infringes the private life of third parties;
- for direct advertising or promotion goals;
- in an way that is incompatible with personal data protection;
- in a way that constitutes illegal publicity in the light of the applicable legal texts (in particular for tobacco or alcohol);
- in a way conceived to infringe the code and functions of the Website or the IT systems of internet users or Subscribers;
– and more generally, in a way that infringes any law or regulation in force.
IKO SYSTEM reserves the right to sanction Subscribers via warnings, or directly by temporary or permanent ban, notwithstanding any legal action against them. No reimbursement of amounts paid by the Subscriber will be carried out following such measures.
These different sanctions will be applied in the most impartial way possible, according to the circumstances of the infringement of law and order, or third party rights, notwithstanding any request or legal action against dishonest Subscribers.
5.4 – Guarantee agreed to by Subscribers
Subscribers acknowledge that they alone are responsible for the contacts and relationships they make with people accessible on their accounts on online social networks, and similarly for any continuation of these contacts and relationships.
Subscribers also acknowledge that they alone are responsible for the content that they may, if necessary, insert into the Website.
5.5 – Payment of the subscription
a) Terms of payment
The subscription, which is annual, is payable in full at the beginning of the service.
Subscribers agree to pay the subscriptions in accordance with the terms of payment accepted by IKO SYSTEM, i.e.:
- by bank transfer, in accordance with applicable bank formalities.
- by bank card (Carte Bleue, Visa, Mastercard, Eurocard, American Express, Diners Club) : entry of the card number, its expiry date and the three figures of the cryptogramme appearing on the back of the card into the form provided for this reason (payment secured by SSL encryptment).
- by PayPal account: online payment via the Subscriber’s PayPal account without providing his financial details at the time of the transaction.
- by cheque cashable in France or by Eurocheque made out in Euros and drawn to the order of the company IKO SYSTEM.
The amount of the Subscription paid by bank card or by paypal account is cashed on the day on which the transaction is carried out, so that the subscritpion may, if the Subscriber wishes, by ticking the corresponding box, commence immediately.
The amount of the subscription paid by cheque is cashed upon receipt of the cheque meaning that the start of the subscription is slightly deferred. It is essential to mark on the back of the cheque the number of the order and to send it to the following address: IKO SYSTEM, Tours Mercuriales Ponant – 40 rue Jean Jaurès – 93 170 Bagnolet.
In the event that the method of payment used fails, Subscribers agree to take action immediately in order to regularise the situation. In such a case, IKO SYSTEM may delay or suspend access to services while waiting for the situation to be settled.
b) Price of the services
The price of the services provided to internet users or Subscribers may be modified at any time, without prior warning. That being the case, any subscription request will be invoiced on the basis active at the time of the order.
In the event of an order for a country other than mainland France, taxes or other customs fees (local VAT, customs tax, etc…) are likely to be due. It is agreed that these taxes and fees are at the sole cost of the Subscriber and their declaration and payment is his own responsibility.
The possibility of benefitting from the services of the Website is subject to the prior payment of the agreed subscription, it being stated that any sum paid belongs to IKO SYSTEM and will not be reimbursed, unless article 6 is enforced.
c) Currency of payment
All subscriptions are payable solely in Euros.
6 – RIGHT OF WITHDRAWAL
The internet user who has subscribed to the Website has a period of seven clear days to exercise his right of withdrawal without having to give his reasons or pay a penalty. The period starts running from the acceptance of the offer.
When the seven clear day period ends on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the first working day that follows.
When the right of withdrawal is exercised, the Subscriber is reimbursed for all sums paid, as soon as possible and within thirty days following the date on which the right was exercised at the latest.
However, in accordance with the provisions of article L.121-20-2 of the French Consumer Code, the right of withdrawal may not be exercised for service contracts which have begun to be carried out, with the agreement of the consumer, before the end of the seven day period.
Consequently, if the Subscriber requests that the subscription commence immediately after payment by ticking the corresponding box, he may no longer exercise his right to withdrawal.
7 – PERSONAL DATA PROTECTION POLICY:
7.1 – Protection of personal data by IKO SYSTEM
a) Data relating to Subscribers
The data filled out by internet users to register and/or subscribe will be inserted into a database to which IKO SYSTEM has access, so that it may take any steps required regarding requests for information, management of subscriptions and the good functioning of the Website.
In accordance with the provisions of the data protection and civil liberties law (modified) n°78-17 of 6 January 1978, processing of personal data collected by IKO SYSTEM has been declared to the National Commission for Information Technology and Civil Liberties (CNIL).
The collection of personal information of internet users and/or Subscribers for the purpose of accessing the access details to the functions of the Website and for the benefit of the services is obligatory, this informations being essential respectively for the identification of the people who seek information on the Website and for the identification and management of IKO SYSTEM clients.
Subscribers who prove their identity may require that the personal data concerning them which is incorrect, incomplete, ambiguous, outdated or whose collection, use, communication or storage is forbidden be rectified, completed, updated, locked or deleted according to the case.
These rights may be exercised by email to the following address – firstname.lastname@example.org – or by post to the following address – IKO SYSTEM, Tours Mercuriales Ponant – 40 rue Jean Jaurès – 93 170 Bagnolet -, Subscribers must mention the fields, data and/or information they wish to modify.
The tab «Legal Notice» contains additional information concerning the processing of personal data.
b) Subscriber data
IKO SYSTEM has taken great care to archive your data in a secure environment, though it does not give any guarantee regarding the risks which are inherent to information technology which is constantly changing.
With regard to the data managed by the Subscribers thanks to the iko-system.com application, IKO SYSTEM reserves the possibility of replying favourably to any request for deletion of data relating to a Subscriber that it might receive through an online social network if you have requested to leave this social network.
IKO SYSTEM will not sell the data managed by its Subscribers, nor will it transfer it directly or indirectly or share it with third parties. IKO SYSTEM will not use this data in connection with advertising networks or systems, data brokers or other tooks connected with advertising.
7.2 – Protection of personal data by Subscribers
IKO SYSTEM DRAWS SUBSCRIBERS ATTENTION TO THE FACT THAT:
THE INFORMATION ACCESSIBLE THROUGH YOUR ACCOUNTS ON ONLINE SOCIAL NETWORKS IS LIABLE TO CONSTITUTE PERSONAL DATA;
THE USE, BY YOURSELF AND UNDER YOUR RESPONSIBILITY, OF THE TOOLS AVAILABLE ON THIS WEBSITE FOR THE AUTOMATIC PROCESSING OF THE PERSONAL DATA TO WHICH YOU HAVE ACCESS VIA YOUR ACCOUNTS ON ONLINE SOCIAL NETWORKS MUST BE UNDERTAKEN IN ACCORDANCE WITH THE DATA PROTECTION AND CIVIL LIBERTIES LAW;
YOU ARE SUBJECT TO THE CONFIDENTIALITY POLICIES OF THE DIFFERENT ONLINE SOCIAL NETWORKS ON WHICH YOU HAVE ACCOUNTS;
YOU MUST BE CAUTIOUS WHEN YOU PUBLISH PERSONAL DATA ON THE INTERNET (mainly because, even after you have deleted a profile or closed an account on an online social network, certain information may remain on these networks, for example when the have been shared with other users).
If payment of the subscription is made by a corporate body in order to enable one of his employees to use the services available via the iko-system.com application, the employee should ensure he uses the application in accordance with the provisions mentioned above and agreed with the corporate body.
8 – INTELLECTUAL PROPERTY RIGHTS OF IKO SYSTEM
8.1 – Intellectual property rights on the Website
IKO SYSTEM owns the intellectual property rights on the Website (architecture of the Website, organisation of the functions, ergonomics, software functions, information and statistics relating to its functioning, etc…).
Any recovery of the components of the Website without prior written authorisation from IKO SYSTEM is liable to be considered infringement and the perpetrator is likely to be held civilly and/or criminally liable.
8.2 – Rights to the names IKO SYSTEM and « iko-system »
Any undue use or appropriation of the company name IKO SYSTEM is unlawful.
The domain name « iko-system.com » has been reserved for the use of the company IKO SYSTEM. Any undue use of it is also unlawful.
8.3 – User licence
As required, IKO SYSTEM has a user licence for the intellectual property rights linked to content which may be inserted onto the Website by the Subscribers. This licence includes the right for IKO SYSTEM to reproduce, re-present or adapt the said content to ensure its optimal presentation on the Website (with regard in particular to its graphics standard and its technical performance).
9 – LIMITATION OF LIABILITY
It is agreed that IKO SYSTEM declines any liability for indirect loss, shortfall in earnings, loss of profit, loss or alteration of data, due to navigation on the Website or the use of its functions.
IKO SYSTEM declines any liability with regard to the reliability of the information visible on the Website, as well as to the access, content and use of websites edited by third parties and which may be accessible from the Website via hypertext links.
IKO SYSTEM declines any liability with regard to the content of advertisements which might be present on the Website as well as to products or services offered via these advertisements.
IKO SYSTEM declines any liability with regard to the content and functioning of the online social networks on which Subscribers may have personal accounts.
IKO SYSTEM declines any liability for any damage over and above the total amount paid by the Subscriber during the twelve months prior to the incident which gave rise to the liabilty.
10 – MODIFICATION OF THE TERMS AND CONDITIONS OF USE
Internet users and Subscribers are invited to consult the Terms and Conditions of Use of the Website before each use of its functions insofar as IKO SYSTEM reserves the right to modify them without personally warning visitors to the Website.
11 – SCOPE OF THE TERMS AND CONDITIONS OF USE
If one of the provisions of these Terms and Conditions of Use were to be declared null or unenforceable, the other provisions will nonetheless remain in full force. The null or unenforceable provision will then be replaced by a valid provision as close as possible in meaning.
Moreover, the tolerance or non-exercise or a right by IKO SYSTEM in no way constitues relinquishment of the use of this right.
12 – COMPETENT COURT AND APPLICABLE LAW
Internet users and Subscribers on the one hand and IKO SYSTEM on the other hand, agree to do their best to resolve any conflict which may arise between them by mutual agreement.
Any dispute regarding the validity, interpretation or execution of these Terms and Conditions of Use will come under the exclusive competence of the Paris courts, even in the event of incidental claims or action in warranty or more than one defendant, and will be subject to French law.
That being the case, it is specified that, given the international nature of Internet, internet users and Subscribers who are not French are also required to comply with the law and regulations applicable in their country of residence.