ARTICLE 1: DEFINITIONS

 

In these T&Cs, words or expressions beginning with a capital letter have the following meaning: 

 

• Application : refers to the mobile applicationTHE SORORITY designed, developed and operated by the Company and made available to Users;

 

• Content : designates any text, graphic, image, music, video or other element likely to be posted online by a User or by the Company and accessible by other Users;

 

• Personal data : designates personal data within the meaning of the European regulation on the protection of personal data that the Company collects, transmits or processes, making it possible to identify or make identifiable any natural person;

 

• Intellectual Property Rights : designates all literary and artistic property rights (copyright and related rights), industrial property (trademark, design and patent) provided for in the Intellectual Property Code and international treaties;

 

• Law enforcement : designates the police and/or gendarmerie institutions and personnel responsible for maintaining public order and respecting the law;

 

• Services : designates all the functionalities accessible via the Application offered by the Company, as notably described in these T&Cs;

 

• Supporting organizations : designates any support and aid organization intended for women victims of assault.

 

• User.ices : designates any person who uses the Application or all or part of the Services offered by the Company.

 

 

 

ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION  

 

The Company allows Users to report, via the use of a geolocation system integrated into the Application, the occurrence of an event that could harm the physical or moral integrity of one or more User.ices. 

 

The Company operates the Application which allows its Users to get in touch, exchange and share Content with other Users of the Application.

 

The Services offered by the Company are accessible via the Application published by the Company.

 

In the event of temporary or prolonged unavailability of the Application, the Company cannot be held responsible for any damage incurred, other than those which result directly or indirectly from the non-performance of its obligations listed herein.

 

 

ARTICLE 3: ENTRY INTO FORCE – DURATION

 

These T&Cs are applicable throughout the duration of use of the Application. The Company reserves the right to modify these General Terms and Conditions at any time. Any modification will take effect from their publication. The User agrees to be notified of the T&Cs updated by their publication. 

            

By continuing to use the Application or by accessing it after the effective date of the updated T&Cs, the User.ice declares having read the updates and accepts all the modifications made thereto. These conditions govern any possible conflicts that may arise before the effective date of the updated T&Cs. 

 

The latest version of the T&Cs available online will prevail, where applicable, over any other version of these T&Cs. 

 

Any natural person can download and install the Application from the “App Store” or “Android Market” on their compatible mobile device. In order to access the Service, any natural person is invited to contract electronically in order to benefit from access to the Application.

 

 

ARTICLE 4: PRIOR INFORMATION

 

The Application may contain hyperlinks to third-party websites or third-party applications. Images and comments appearing on the Application may also contain links to third-party applications. The Application also includes third-party content that the Company does not control, manage or endorse. As such, the Company cannot be held responsible for these third-party functionalities or websites. 

 

Correspondence and commercial transactions with third parties found through the Application are solely the responsibility of the User and the third parties. 

 

By using such third-party applications, the User.ice acknowledges and accepts the following points: 

 

1. if the User uses a third-party application to share information, they consent to data concerning their profile being shared;

2. the use of a third-party application may result in the disclosure of information allowing a User to be personally identified, even if the Company has not provided this information itself;

3. the User.ice uses third-party applications of his own free will and at his own risk and releases the Company from liability in the event of difficulties related to third-party applications.

 

 

ARTICLE 5: USER.ICE ACCOUNT

 

Browsing the Application is free and unrestricted. 

 

To access all the features of the Application, the User.ice must create a user.ice account (hereinafter referred to as the “ User Account.ice ").

 

By creating their User.ice Account, the User.ice guarantees that they will protect the information relating to their User.ice Account and they will be fully responsible for any use of their User.ice Account by themselves or by a third party.  

 

In order to definitively validate their User.ice Account, the User.ice must provide the following information via the “ ” interface.My profile» :

 

• Nickname;

• First and last name ;

• Password ;

• E-mail address ;

• Download a copy of the front/back identity document;

• Take a photograph of the User’s face (selfie).

 

The Company reserves the right to refuse the creation of a User.ice Account for any reason whatsoever, without having to justify its decision. 

 

The Application allows Users to modify the information in their User Account at any time. 

 

The information transmitted by the User.ice when creating his User.ice Account is made public to other Users of the Application, with the exception of the identity document and the selfie, deleted from the databases. data upon validation of the account. 

 

In the event of failure to comply with the provisions of these T&Cs, the Company reserves the right to modify or terminate access to the User.ice Account and the Application at any time, without notice and without liability to the User.ice. In this case, the published Content will no longer be accessible. 

 

 

ARTICLE 6: SERVICES

 

6.1 The Company provides the User with an alert system (hereinafter referred to as the “ Alert System ») allowing him to notify other Users, through the activation of a visual and/or audible alert button, of the occurrence of an event that he considers necessary to share on the Application . 

 

By allowing the Company to access information relating to its geographical position, theUser.ice may, through the use of the Alert System, share their geographical position and information from their AccountUser.ice with the othersUser.ices located within a perimeter configurable by the User from their Account. 

 

THEUser.ices located within this perimeter are thus instantly informed of the geographical position and identity of theUser.ice using the Alert System. 

 

The Company offersUser.ices a “Search” function via the Platform, allowing them to search for anotherUser.ice via the Platform without limitation of territorial perimeter. 

 

6.2 The Application also provides Users with a system facilitating the User's telephone contact with law enforcement as well as with Support Organizations and allowing them to have direct access to contact details. Law Enforcement and Support Organizations.

 

L'User.ice undertakes to make proportionate use of this Service. 

 

In the event of imminent danger, the Company recommends to itsUser.ices to contact, as a priority and as quickly as possible, with the police. The Company strongly encouragesUser.ices not to undertake any action likely to endanger their safety and their physical and moral integrity as well as that of third parties.

 

The Company would like to point out that the Application and its Services cannot, at any time, replace the action of the Police.

 

6.3 The Company provides Users with an instant messaging interface allowing them to communicate together. 

 

L'User.ice has the ability to share with othersUser.ices of the Application of Content of different natures from his AccountUser.ice. The published Content appears on the personal news feed of eachUser.ice.  

 

L'User.ice can also access a search bar allowing him to carry out searches among the Content published on the Application according to his own criteria. L'User.ice can thus make contact with othersUser.ices, associations, Support Organizations and other corresponding entities, but also learn about the organization of events around iel.

 

 

ARTICLE 7: DISCLAIMER

 

The Company cannot be held responsible for thecontent published on the Application and gives no warranty, express or implied, in this regard.

 

THEUser.ices are the only ones responsible for their use of the Application and the direct or indirect consequences of this use. It is their responsibility to use it in accordance with the regulations in force and the recommendations of the National Commission for Information Technology and Liberties (hereinafter referred to as the “ CNIL ").

 

The Company also has no obligation to pre-screen, monitor, modify or publish information. The Company cannot be responsible for the choices made by an individual.User.ice.

 

Under no circumstances will the Company, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, cannot be held responsible for any indirect, incidental, special, indirect or punitive damages arising from or relating to: 

 

• the use of the Application by theUser.ice ; 

• the inability of theUser.ice to use the Application; 

• the modification or deletion of Content transmitted via the Application; or 

• these T&Cs. 

 

The Company does not guarantee that the Application or the Services will meet the needs of theUser.ice.

 

The Company does not guarantee that access and use of the Application and the Services will be continuous, timely or error-free. 

 

The Company does not guarantee that the results that may be obtained from the use of the Application or the Services will be accurate or reliable.

 

The Company does not guarantee that the quality of the services, information or other content obtained by theUser.ice via the Application or the Services will meet the expectations of theUser.ice.

 

The Company does not guarantee that all possible errors in the Application and/or services will be corrected.

​

The Company cannot under any circumstances assume any responsibility regarding the relationships that may be established between people who are victims of violence and people offering help and support and the consequences that could result from these relationships. More particularly, the Company cannot be held responsible for the non-application or poor application of the legal, regulatory or conventional rules applicable, where applicable, to relations between victims of violence and people offering their assistance.

Likewise, the company cannot be held responsible for the non-compliance by victims of violence and people offering their assistance with the provisions of any agreements concluded between them.

 

No written or oral information or information obtained by theUser.ice with the Company or via the Application or the Services cannot create guarantees not expressly stated in these T&Cs.

 

 

ARTICLE 8: OBLIGATIONS OF USERS.ICES

 

THEUser.ices undertake, throughout the use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. They are solely responsible for the content published and the opinions issued. As such, the Company cannot be held liable under any circumstances.

 

To this end, theUser.ice undertakes:

 

• not to publish and distribute any photographs and/or videos whose content could be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;

• not to publish any content, message or information that is rude, offensive or encourages any activity repressed by the law or regulations in force;

• not to publish any photographs and/or videos protected by intellectual property legislation unless you hold the rights to them or the consent necessary for their exploitation;

• not to publish any content containing a corrupt file;

• not to publish any content that violates the rights of a third party;

• not to cause any harm or malicious acts towards other users of the Application.

 

L'User.ice also refrains from transmitting:  

 

• incorrect or false information;

• the slightest sensitive information of racial or ethnic origin or relating to political, philosophical or religious opinions, membership in a union, sexual life or health, contrary to good morals and the law.

 

In the event of an offense or contravention by aUser.ice to these rules, the Company reserves the right to delete the contentious content without notice and, where applicable, the AccountUser.ice of the'User.ice. 

 

The Company reminds itsUser.ices that any false report to the judicial authority, any false declaration or any abusive report is subject to criminal sanctions pursuant to articles 434-26, 441-1 and 226-10 of the Penal Code.

 

THEUser.ices will ensure that all information communicated on the Application remains correct and refrain from creating or using other Accounts on the Application, unless authorizedUser.ice under one's own identity and/or that of a third party, being reminded that any identity theft is liable to prosecution and criminal sanctions, and that finally any contravention of this commitment may result in the immediate suspension of the Account without notice.User.ice.       

 

L'User.ice also guarantees:

 

• be the sole owner of the content that it publishes on the Application, be able to publish it and have the authority to grant the Company a distribution license;

• not violate through its publication any protected rights, whether personal rights or those provided for by the Civil Code and the Intellectual Property Code (copyright, neighboring rights, trademarks, patents, image rights etc.); 

• do not publish any false information; 

• not use content that is of a nature:

• to cause harassment of third parties or to call on third parties to engage in harassment,

• to incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,

• to depict scenes of pornography, pedophilia, or any other shocking subject or containing a link with a website reserved for adults,

• to solicit personal information from minors,

• to solicit funds for the financing of illicit activities,

• to give telephone/fax numbers, street names, names, postal addresses or email addresses,

• to represent or advocate illegal activities or behavior of a defamatory, offensive, obscene, threatening or slanderous nature as well as false or misleading information,

• to offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks,

• to incite, provoke or encourage the transmission of emails, chain emails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited letters,

• to promote or encourage any criminal activity or enterprise or giving indications or instructions on how to encourage illegal activities, invasion of privacy, dissemination and creation of computer viruses, 

• to solicit passwords or personal information from othersUser.ices for illegal commercial purposes,

• to involve commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramid schemes without the written consent of the Company;

• not distribute reproduce, publish or modify in any way elements protected by copyright, trademarks or any property rights belonging to third parties without their prior consent.

 

Any failure to comply with these obligations by aUser.ice can be reported by othersUser.ices to the Company at the following address: contact@jointhesorority.com

 

 

ARTICLE 9: MINOR USERS

 

THEUser.ices acknowledge having been informed that for reasons relating to current legislation, THE SORORITY cannot offer its Services toUser.ices aged under 15. THE SORORITY prevents access to the Application Services for reasons of age if theUser.ice is under 15 years old at the time of creating their AccountUser.ice. 

 

THEUser.ices aged under 18 at the time of creating their Account declare that they are emancipated minors or have obtained consent from one of their parents or legal guardians to accept these General Conditions. 

 

Minors over 15 years old wishing to create an AccountUser.ice provides, in addition to the information detailed in Section 5 hereof, the email address of a parent or legal guardian. The latter will be contacted by THE SORORITY in order to confirm, refuse or modify the minor's registration. THE SORORITY reserves the right to refuse access to the Services pending confirmation by the parent or legal guardian of the minor's registration.

 

Use of the Services by minors over the age of 15 is carried out under the responsibility of one of their parents or legal guardians. Any use of the Services by a minor is therefore presumed to have been validated by them. THE SORORITY warns people with parental authority about the diversity of content available on the Internet, some of which may be likely to offend the sensibilities of minors. 

 

THE SORORITY recommends that parents and legal guardians monitor their children's online activities. In order to protect their privacy, the Company recommends that parents and legal guardians ensure that their children never disclose their personal data without their prior consent. 

 

 

ARTICLE 10: PROPERTY RIGHTSINTELLECTUAL

 

“THE SORORITY » is a trademark registered with the INPI.

 

All these intellectual creations are protected under copyright, trademark law, patent law, sui generis database rights and image rights, for the entire world.

As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Application for private and/or professional use, subject to different or even more restrictive provisions of this code, is authorized. Any other use constitutes counterfeiting and is punishable under Intellectual Property law without prior authorization from the Company.         

 

Any form of total or partial copy, aspiration and reproduction of the Application and its Content is formally prohibited without the prior written consent of the Company.

 

 

ARTICLE 11: PROTECTION OF PERSONAL DATA

 

The Company undertakes to comply with the applicable regulations regarding the protection of personal data, and in particular the obligations arising from European Regulation No. 2016/679 on the protection of personal data.

 

When first connected, theUser.ice expressly consents to the processing of its Personal Data within the limits of processing strictly necessary for the proper functioning of the Application.

 

The provision of personal information collected within the framework of these T&Cs is mandatory. This information is necessary for the processing and provision of the Services. The lack of information prevents the proper functioning of the Services offered by the Company.

 

L'User.ice acknowledges and agrees that Personal Data may be transferred or stored outside the country where the Company and/or the User.ices authorized are located, for the purpose of carrying out the Services provided for by these T&Cs. 

 

RegardingUser.ice located in the European Economic Area (hereinafter the “EEA”), theUser.iceacknowledges and agrees that Personal Data may be transferred or stored outside the EEA, for the purpose of performing the services provided for in these T&Cs.

 

The Company implements all technical and organizational measures necessary to respect the protection of Personal Data, both from the design of the Service and by default. The Company undertakes to limit the quantity of Personal Data processed from the outset. 

 

L'User.ice must ensure that it has the right to transfer the Personal Data concerned so that the Company can, legally, use, process and transfer it on its behalf in accordance with the T&Cs. 

 

L'User.ice must ensure that relevant third parties have been informed of and consented to such use, processing and transfer, as required by all applicable data protection legislation. 

 

The Company collects Personal Data only in compliance with the terms of these T&Cs and any legal and reasonable instructions that the CompanyUser.ice will give at any time.

 

When the Company notices a violation of rights in the processing of Personal Data, this violation will be notified to the CNIL within a period not exceeding seventy-two (72) hours after becoming aware of it. 

 

Any violation relating to the processing of Personal Data of theUser.ice will be notified to theUser.ice concerned by e-mail, within one (1) month. 

 

Each party will take appropriate technical and organizational measures to combat unauthorized or illegal processing of Personal Data or their accidental loss, destruction or deterioration.

 

11.1 Use and transmission of Personal Data

 

In order to ensure the operation of the Application, the Company must process the Personal Data of theUser.ice. 

 

The processed data is directly transmitted according to the following methods and for the following purposes:

 

• Creating an Account;

• Profile management

• Publishing and sharing Content;

• Information relating to geolocation and,

• Looking for othersUser.ices and/or entities via the Platform.

 

The Company may also use this data to strengthen and personalize its communication, in particular through information letters/emails, to personalize the Application according to the preferences observed the most.User.ices and to offer services adapted to the expectations ofUser.ices.

 

The Company may also provide its partners with consolidated statistics relating toUser.ices, however, these statistics do not contain any personal data. This data may be transmitted to the Company's technical service providers, for the sole purpose of the proper execution of the services. 

 

Personal data communicated by theUser.ice will be destroyed no later than six months after the deletion of the Account of theUser.ice. The Company reserves the right to retain certain data in order to justify, where applicable, the perfect execution of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary.

 

11.2 Newsletters

 

Depending on the choices made by theUser.ice, they may be recipients of the newsletter. By checking the box provided for this purpose or by expressly agreeing to this purpose, theUser.iceaccepts that THE SORORITY can send it a newsletter. THEUser.icewill have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

 

11.3 Rights of access, modification, opposition and deletion

 

In any case, theUser.ice has a right of access, modification, opposition and deletion of personal data concerning him by writing to the following address: 

 

dpo@jointhesorority.com indicating their last name, first name, email and address. 

 

In accordance with current regulations, any request must be signed and accompanied by a photocopy of an identity document bearing the signature of theUser.ice and specifying the address to which the response should be sent. A response will then be sent to theUser.ice within two (2) months following receipt of the request.

 

L'User.ice will be able to recover their Personal Data in an open and readable format. The right to portability is limited to the data provided by theUser.ice concerned. It applies on the basis of the prior consent of theUser.ice. The Company undertakes to transfer, upon request, within one (1) month, any document collecting Personal Data to theUser.ice in order to be able to implement the right to portability. The costs related to data recovery are the responsibility of theUser.ice by making the request. 

 

 

ARTICLE 12: PROVISION OF TECHNICAL ORDERS

The services are provided as is and to the extent available. The Company does not guarantee error-free, timely and secure provision of the services offered via the Application. It is not bound by any obligation of personalized assistance, particularly technical. It disclaims any express or implicit guarantee, in particular concerning the quality and compatibility of the Application with the use that the Users will make of it.      

It does not guarantee any results or benefits in the use that will be made of the Application.
Nor does it guarantee that files cannot be subject to intrusion by unauthorized third parties or be corrupted or downloaded or that information and data circulating on the Internet are protected against such attacks or possible misappropriation.

 

 

ARTICLE 13: SECURITY

 

13.1 General

 

The Internet is an open international telecommunications network to which the User can access through a computer, a smartphone or a digital tablet. To access the Application, they must comply with the technical requirements (concerning equipment and software) as described in these T&Cs.

 

The User is required to take all necessary measures to ensure that the technical characteristics of his computer, smartphone, or digital tablet, as well as his software and internet subscription, allow him to access the Application in complete security.

 

The User.ice is entirely responsible for the correct functioning of his computer equipment, as well as his connection to the internet. As such, they must ensure that this equipment does not present any problems or viruses and presents sufficient security in order to prevent the risk of a third party obtaining access to their Account and the data that this space contains.

 

The User.ice must do everything possible to preserve this security. To do this, they must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting the Company's computer systems. In particular, the User must ensure the security of their computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.

 

They assume the technical risks particularly linked to a power outage, an interruption of connections, a malfunction or even the overload of networks or systems.

 

The Company cannot be responsible for the risks relating to internet access and the risks relating to the remote transmission of data by the User.ice or to the User.ice, particularly in the event of a conflict between the User.ice to this internet service provider, in relation to the confidential/personal nature of the data transmitted, the cost of transmission, the maintenance and interruptions of telephone lines and the internet network.

 

13.2 Modification and termination of services

 

The User.ice can unsubscribe from the services at any time directly online by going to the dedicated page. The Company then sends to the User, by electronic means, confirmation of the User's unsubscription from the services, his or her unsubscription taking effect on the date of this confirmation by the Company.

 

In the event of non-compliance by the User with these T&Cs, the Company reserves the right to suspend or terminate the User's access to the services, with immediate effect. This termination takes effect automatically on the date it is notified by the Company to the User by post (letter) or electronically (email).

 

 

ARTICLE 14: FORCE MAJEURE

 

Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as for example without this list being exhaustive: a strike or a technical breakdown (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a stoppage of energy supply (such as electricity), a failure of the network electronic communication on which the Company depends and/or networks which would replace it.

 

The Company cannot be held responsible, or considered as having failed in its obligations provided for in these T&Cs, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, on the condition that it does so. notifies the other party on the one hand, and that it does its best to minimize the damage and execute its obligations as quickly as possible after cessation of the force majeure event on the other hand.

 

 

ARTICLE 15: INTEGRALITY

 

The provisions of these T&Cs express the entire agreement concluded between the Users and the Company. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of these presents, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the T&Cs, except amendment duly signed by the representatives of both parts.

 

 

ARTICLE 16: NON WAIVER

 

The fact that one of the parties to these T&Cs has not required the application of any clause, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this party arising from of said clause.

 

 

ARTICLE 17: VOID

 

If one or more provisions of these T&Cs are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other stipulations of these T&Cs will retain all their strength and scope.           

If applicable, the Company undertakes to immediately delete and replace said clause with a legally valid clause.

 

 

ARTICLE 18: TITLE

 

In the event of difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.

 

 

ARTICLE 19: ATTRIBUTION OF JURISDICTION – APPLICABLE LAW

 

These T&Cs are governed by French law.

 

In the event of a dispute likely to arise during the interpretation and/or execution of these Terms or Conditions, the parties undertake to make every effort to resolve all disputes amicably. to which these T&Cs may give rise. 

 

Thus, in the event of a dispute between a User and the Company, the parties agree to negotiate the settlement of the dispute in good faith. If the parties fail to resolve the dispute after at least thirty (30) working days of negotiations, the dispute will be settled before the court having exclusive jurisdiction. 

 

All disputes, relating in particular to the validity, execution, interpretation, and/or termination of these Conditions of Use, fall under the sole jurisdiction of the courts of Paris, unless mandatory procedural rules to the contrary.

 

In the event that any part of this article is deemed unenforceable, the remaining provisions of this article will continue to have full effect and will be interpreted and applied as if the part deemed unenforceable did not appear herein.