As of: December 15, 2022
The www.apshan.com website (the " Website ") is published by APSHAN, a simplified joint stock company with share capital of 1,500 euros, registered with the Paris Trade and Companies Register under number 910 956 689, and whose registered office is located at 6, rue d'Armaillé - 75017 PARIS, represented by Mr In Soo Séguier, in his capacity as Chairman (the " Company " or " APSHAN ").
Publication manager: Mr In Soo Séguier.
Contact:
- E-mail address : hello@apshan.com ;
- Postal address: APSHAN - 6, rue d'Armaillé - 75017 PARIS.
Host: 02SWITCH - SAS with capital of €100,000, registered with the R.C.S. of Clermont-Ferrand under number 510 909 807, domiciled Chemin des Pardiaux - 63000 Clermont-Ferrand - 0033 444 446 040.
These General Terms and Conditions of Use (the " GTCU ") govern the terms and conditions of access, browsing and use of the Website by users (the " Providers ") who offer services (the " Services ") to customers (the " Customers "). Access to the Website and the creation of a Service Provider account are free of charge.
APSHAN offers a service that connects Customers and Service Providers on the Website (the " Service "). As such, it acts as an intermediary within the meaning of article 6-I-2 of the French law for confidence in the digital economy n° 2004-575 of June 21, 2004. Contracts are concluded directly between the Customer and the Service Provider; APSHAN is in no way a Customer, Service Provider or party to the contractual relations between Customers and Service Providers.
The GCU do not apply to Customers, nor to the Service Provider when acting as a Customer. The terms and conditions applicable to Customers can be found in the General Terms and Conditions of Sale at the following link: www.apshan.com/cgv-clients.
Browsing and the creation of an account by the Service Provider on the Website are subject to careful reading and unreserved acceptance :
- Terms and conditions ;
- Privacy policy(www.apshan.com/confidentialite).
By adhering to the GCU, the Service Provider acknowledges having been informed of them in a legible and comprehensible manner.
The Service Provider is hereby informed that if it wishes to benefit from the Service, it must also sign a partnership agreement with APSHAN, which will be communicated to it at a later date (the " Partnership Agreement "). In the event of any contradiction between the GCU and the Partnership Agreement, the provisions of the Partnership Agreement shall take precedence over those of the GCU.
If any part of the GCU is found to be illegal, invalid or unenforceable, for any reason whatsoever, such provision shall be deemed to be unwritten, without affecting the validity of the remaining provisions, which shall continue to apply and retain their full force and effect.
Furthermore, in the event of any difficulty of interpretation between the title and the text of any of the articles and any of the clauses, the titles will be deemed to be unwritten.
APSHAN's failure to enforce any provision of the TOU at any time shall not be construed as a waiver of any right to enforce such provision at a later time.
In addition to acceptance of these GCU, the provision of the Service is subject to the creation of an account by the Service Provider, using the form provided for this purpose on the Website.
Registration on the Website is free of charge. Any request for registration implies that the Service Provider declares that it has all the knowledge, skills and resources, in particular financial, human and technical, required to use and access the Website.
APSHAN reserves the right to accept or reject, at its sole discretion, the Provider's application for registration, which the Provider expressly accepts.
In any event, registration is subject to compliance by the Service Provider with the following access conditions:
- For individuals: have the status of a micro-business or sole proprietorship (EI) and for legal entities: be a commercial company;
- Be registered in France with a SIRET number ;
- Be a professional and not subject to a trade ban;
- For individuals: at least 2 years' experience (either freelance or in-house) and for legal entities: at least one member of staff with at least 2 years' experience (either freelance or in-house);
- In the case of an individual: be of legal age and able to subscribe in France.
The Provider agrees to provide APSHAN with all necessary information requested when creating the Provider's account. Should the Provider fail to provide this information, the Provider's account cannot be created.
The Service Provider further undertakes to:
a) provide true, accurate, up-to-date and complete information regarding the information requested during the registration process; and
b) maintain and promptly update all information concerning them in order to keep it true, accurate, up-to-date and complete.
APSHAN reserves the right to update the list of information required to create and maintain the Service Provider's account at any time. The Service Provider must provide the new information requested, otherwise his account may be suspended or deleted.
Once the necessary conditions and information have been provided by the Provider, they are subject to validation by APSHAN, which reserves the right to accept or refuse the creation of the Provider's account, at its sole discretion.
The Service Provider is hereby informed that the validation carried out by APSHAN is based on various specific criteria and, in particular, by way of illustration and without this list being exhaustive:
- The quality of our services;
- The quality of customer relations;
- Availability of Services.
Upon completion of registration and subject to validation by APSHAN, in order for the Service Provider to use the Service on the Website, the Service Provider and APSHAN enter into a mutual commitment by signing the Partnership Agreement.
The Service Provider undertakes to provide a valid e-mail address in order to receive the Partnership Agreement and confirmation of the creation of its account. In the event of failure to provide this information, APSHAN shall not be held liable for any consequences arising therefrom, in particular the failure to receive any future updates to the GCU.
At the end of the registration and subject to its validation by APSHAN and the signature of the Partnership Agreement, the Provider will be given a login and a password (the " Login Codes ").
In the event of forgetfulness, misappropriation or unauthorized use of the Identifier Codes by any third party, APSHAN shall in no event be liable and the Provider shall immediately inform APSHAN of this situation by e-mail to hello@apshan.com.
Upon receipt of this duly justified written notification, APSHAN will review the case and may, for security reasons, suspend all access to the Provider's account. APSHAN will process the request as soon as possible and will send the Provider his or her new login codes, subject to verification of the Provider's identity.
The Provider remains responsible for the use of its account by third parties until APSHAN modifies the User IDs. The Service Provider shall indemnify and hold harmless APSHAN from and against any and all claims, demands, and damages for loss of data resulting from the loss or fraudulent use of the Service Provider's User IDs.
The Provider is solely responsible for the accuracy, quality, legality, updating and reliability of all data and information communicated to APSHAN and/or on the Website. The Service Provider may add to and/or modify such data and information via the Service Provider's account.
If the Provider provides false, inappropriate, outdated or incomplete information, APSHAN reserves the right to refuse the Provider's application for registration, to delete the Provider's account, to refuse any new registration and/or to refuse any current or future use of the Website or the Service by the Provider.
Likewise, the Service Provider undertakes not to provide any information or choose any Identifier Codes that might infringe the rights of a third party, and in particular personal rights (names, images, disparagement, insults, etc.) or intellectual property rights (brand, logo, copyright, etc.).
The use made of the Service Provider's information and Identifier Codes is the Service Provider's sole responsibility. All the Provider's actions on the Website must be carried out under its Identifier Codes and all actions carried out under its Identifier Codes are deemed to have been carried out by the Provider.
All information relating to the collection and processing of the Provider's personal data by APSHAN and the use of cookies on the Website is available in the Privacy Policy accessible at the following address www.apshan.com/confidentialite.
The Service Provider must adhere to this agreement if it wishes to browse the Website, create an account and benefit from the Service.
The Service Provider expressly accepts that computer or electronic records made by APSHAN and/or its suppliers for access to the Website and the provision of the Service or of any operations carried out in particular through the Service Provider's account may be used or produced before any competent administrative and/or judicial authority as evidence.
When registering on the Website and accepting the GCU, as well as throughout access to the Website or use of the Service, the Service Provider undertakes to comply with the present stipulations and refrains from :
- Communicating incorrect or false information;
- Indicate any offensive information of racial or ethnic origin or concerning political, philosophical or religious opinions, trade union membership, sex life or health, contrary to morality or the law.
The Service Provider may publish on the Website any content and information freely, provided that such publications do not contravene the provisions hereof and in particular those set out in this Article and in Article 5 hereinafter.
4.1. With respect to content and information published by the Service Provider, including but not limited to textual, video, photographic and/or audio content, so that it may be freely distributed by APSHAN on the Website, the Service Provider grants APSHAN - by accepting these TOU - a license to reproduce and display it on the Website, for the purpose of allowing online viewing by any Internet user, in free access.
This license includes the right to represent and distribute the content and information transmitted by the Service Provider to APSHANor which it distributes on the Website, by all digital and computer communication methods, via the Internet or any wired or wireless access, on all media and in particular computer, tablet and smartphone. It is granted for the entire world and for the entire duration of the protection of applicable intellectual property rights.
The Service Provider accepts that this content and information may be adapted and modified according to technical and/or technological constraints linked to new modes of telecommunication and the Internet.
4.2 In addition, the Service Provider expressly authorizes APSHAN to use the Service Provider's name and/or company name and, if applicable, the Service Provider's trademark, including the Service Provider's logo, for commercial reference purposes, on the Website and via all communication media, whether digital or physical (e.g. printed version).
The Service Provider is responsible for the content and information it publishes online on the Website, and for its legality and accuracy.
The Service Provider acknowledges that APSHAN has no control or verification over the content transmitted to or published by the Service Provider on the Website or by any third party.
The Service Provider warrants in this regard that all content and information (text, images, links, etc.), transmitted to APSHAN and/or distributed on the Website are correct, truthful and accurate, that they do not contravene any law, regulation or the TOU, that they are not unlawful and/or do not infringe the rights of third parties.
The Service Provider therefore guarantees :
- Be the sole owner of the content and information transmitted to APSHAN and published on the Website and have all rights and capacities to distribute them;
- Not to infringe one or more protected rights, in particular personal rights (privacy, right of personal portrayal, etc.) or intellectual property rights (copyright, neighbouring rights, trademarks, patents, etc.);
- Undertake in particular not to use content or information that is of a nature :
[x] to cause harassment of third parties or to call upon third parties to engage in harassment, to incite hatred, discrimination, racism, bigotry and physical violence of individuals or groups of individuals;
[x] to depict pornography, pedophilia, or any other offensive subject or containing a link to an adult website;
[x] to solicit personal information from minors ;
[x] to represent or advocate illegal activities or conduct of a defamatory, abusive, obscene, threatening or libelous nature, or false or misleading information;
[x] to offer an illegal or unauthorized copy of works protected by copyright, patent, design or trademark;
[x] to induce, cause or promote the transmission of unsolicited e-mail, chain letters, mass mailings, instant messages, unsolicited advertising messages or unsolicited mail;
[x] to promote or encourage any criminal activity or enterprise or give indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses;
[x] to solicit passwords or personal information from other users for illegal purposes;
[x] to involve commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramids without the written consent of APSHAN ;
[x] to distribute, reproduce, publish or modify in any way any material protected by copyright, trademark or any other proprietary right belonging to third parties without their prior consent.
The Service Provider shall also refrain from publishing on the Website or transmitting to APSHAN any content or information containing Internet links to pages hosting and/or reproducing content contrary to the provisions of the GCU and in particular this Article.
The Service Provider also agrees to inform APSHAN by any written means (postal mail, e-mail), of any request, complaint, legal action, directly or indirectly related to the content of its account or its use of the Website and / or the Service.
If the Service Provider publishes content on the Website in violation of these provisions, the Service Provider shall be solely responsible for such violation, to the full and complete exclusion of APSHAN, which shall be entitled to claim damages from the Service Provider as well as, in particular, the reimbursement of sums incurred for the defense of its rights.
In addition, for the publication of any information, content or comments about APSHAN, the Service Provider is required to comply with the legal and regulatory provisions in force and the stipulations herein.
The trademark, logo, and/or any other distinctive sign, company name, sign, drawings, models, samples, brochures, materials, prototypes, documents, projects, memos, plans, studies, descriptions, consultations, opinions, conclusions or other procedural acts, methods, processes, techniques, developments, designs, techniques, know-how, software, documents, electronic mechanisms and systems and any other similar items that may be protected under applicable law, without this list being limitative, supplied or distributed by APSHAN, are the entire and exclusive property of APSHAN and may not be used by the Service Provider under any circumstances, except with the express, written and prior agreement of APSHAN.
Nothing contained in these TOU shall be construed as conferring any right to the Service Provider under any of APSHAN's intellectual property rights.
The Service Provider agrees not to reproduce, represent, distribute, adapt and/or modify, in any way and for any reason whatsoever, even partially, these elements without the express, written and prior authorization of APSHAN. Any use without the express prior written consent of APSHAN shall render the offender liable to prosecution.
The Service Provider is also prohibited from redistributing, reproducing, distributing, marketing, exploiting and more generally making available or granting the use of the aforementioned elements to third parties without the express, prior and written consent of APSHAN.
Likewise, the Service Provider undertakes not to redistribute, reproduce, commercialize or exploit the elements placed online by other users of the Website, failing which it will also be liable to prosecution.
In general, these terms and conditions do not imply any transfer of intellectual property rights to APSHAN or other users, or any warranty of any kind to the Service Provider or any user of the Website.
APSHAN publishes a platform for putting users in contact with each other, and acts only as a technical intermediary. APSHAN cannot be held responsible for the formation or execution of contracts concluded between Customers and Providers, on or via the Website, contracts to which APSHAN is not a party. Any request or complaint from a Customer relating to the Provider's Services will be redirected to the Provider, who will assume full and sole responsibility in this regard. The Service Provider releases APSHAN from any and all liability, claims and demands relating to its contractual relationship with the Customer(s).
APSHAN may only be held liable in the event of non-performance of its obligations under the TOS, for events that are directly attributable to it and that cause direct damage to the Service Provider. APSHAN cannot be held liable for indirect damages. APSHAN cannot be held liable for the content of third-party API modules used via the Site.
APSHAN exercises only an a posteriori control of the contents present on the Website.
Thus, if the Service Provider notices on the Website the presence of content contrary to the law, it is requested to notify APSHAN as soon as possible. APSHAN cannot be held liable to third parties without prior notification of the presence of illegal content on its Website.
Similarly, APSHAN is not responsible for links on its Website to other websites that it does not own or control, as it has no control over the content or practices of third-party websites. APSHAN is not responsible for the availability of these sites and cannot control their content nor validate the advertising, products and other information disseminated.
APSHAN makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any Content by the Service Provider, the software used to download the Content, the Website or the server that makes it available.
In this respect, the Service Provider acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other devices in order to protect them against any bugs, viruses or other such programming routines that may prove harmful.
The Service Provider acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Website and is solely responsible for any damage to its computer system or loss of data resulting from the download of such content.
The Service Provider declares that it accepts the characteristics and limitations of the Internet and information technology and, in particular :
- Be aware of the nature of the Internet, in particular with regard to technical performance and APSHAN's response time for consulting, querying or transferring information;
- That the communication of personal identification details or, in general, of any information that he/she considers confidential is made under his/her own responsibility;
- That it is the user's responsibility to take all necessary measures to ensure that the technical characteristics of their smartphone or computer allow them to consult the necessary information.
APSHAN cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, including but not limited to service interruption, external intrusion or the presence of computer viruses.
APSHAN does not guarantee error-free, uninterrupted and secure provision of the Service offered via the Website. APSHAN is under no obligation to provide any personalized assistance to the Service Provider, in particular technical assistance. APSHAN disclaims all warranties, express or implied, including, but not limited to, warranties as to the quality and compatibility of the Website for use by the Service Provider outside the scope hereof. APSHAN does not guarantee any result or benefit from the use of the Service and the Website by the Provider.
APSHAN is not responsible for any costs incurred by the Service Provider in accessing the Website, such as internet connection fees, purchase of equipment, etc. APSHAN is not responsible for any costs incurred by the Service Provider in accessing the Website.
APSHAN may use cookies. APSHAN's use of cookies is described in its Privacy Policy (www.apshan.com/confidentialite.).
8.1. The Provider may terminate its registration on the Website at any time by sending an email to APSHAN at the following address hello@apshan.com. APSHAN will send the Provider a letter confirming the cancellation.
8.2. APSHAN reserves the right to suspend or terminate the Service Provider's access to the Website or use of the Service at any time and without notice in the event of the Service Provider's breach of any of its obligations under the TOS, without prejudice to any compensation to which APSHAN may be entitled.
APSHAN may also terminate the Provider's access to the Website or use of the Service at any time and without notice in the event of termination, for any reason whatsoever, of the Partnership Agreement signed with the Provider.
APSHAN and the Service Provider undertake to comply strictly with the legislation and regulations applicable to the processing of personal data and, in particular, the provisions of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Data Protection Act of 6 January 1978 as amended by the Act of 20 June2018 on the protection of personal data.
The Privacy Policy defining the conditions under which APSHAN processes the Provider's personal data is available at www.apshan.com/confidentialite.
APSHAN shall not be liable for any damages, additional costs or losses incurred by the Service Provider as a result of any failure or delay in performance due to force majeure.
The term " force majeure " refers to any act of government or state administration, natural disaster, declaration of war, state of emergency, acts of terrorism, epidemics, pandemics, riots, strikes or demonstrations, the consequence of which would be to prevent a Party from performing its obligations and which would be external to the intention of the Parties, irresistible and unforeseeable.
If the force majeure situation ends before a period of 30 days, the Party unable to fulfill its obligations shall promptly fulfill its obligations hereunder. If the case of force majeure lasts for more than 30 days, each of the Parties shall be entitled to terminate the present contract without any compensation being due on either side.
The GCU are applicable and enforceable against the Service Provider for the duration of the Service Provider's access to and browsing of the Website.
APSHAN may modify and/or update the TOS in accordance with certain economic or legal requirements. In the same way, APSHAN reserves the right to modify, at any time, the characteristics of the Service.
Modifications to the GCU and/or the Service are enforceable against the Service Provider from the time they are posted online.
These GCU are governed by French law.
In the event of a dispute relating to the conclusion, performance, interpretation or termination of these GCU, the Parties shall endeavor in good faith to find an amicable solution to the said dispute. In the absence of an amicable solution, exclusive jurisdiction shall be attributed to the competent courts of Paris.
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