GENERAL CONDITIONS OF USE OF THE « LOBBYNOIR DIRECTORY » SITE
Applicable from 03/01/2017
These general conditions of use (the “T & Cs”) describe the conditions under which LOBBYNOIR Distribution offers access to its “Lobbynoir Directory” site and associated services (hereinafter “the Applications”).
These T & Cs apply to all users of the Applications, whether they are simple visitors or advertisers.
By using the Applications, you accept the following conditions, as well as those accessible by hypertext links when they are applicable. The conditions set out in these links are an integral part of these T & Cs.
The use of the Site and associated services is reserved for natural or legal persons, located anywhere in the world, operating in different sectors, to the exclusion of products and services prohibited by law.
Some services are reserved for professionals. Also certain restrictions of use are made to users acting in a private capacity.
If you do not fully accept our T & Cs, you will not be able to use our Applications.
Each of these conditions and regulations incorporated into these T & Cs is subject to change. The changes are effective as soon as they are online on the Applications.
ARTICLE 1 – DEFINITIONS
Announcement : refers to all the elements and data (visual, textual, sound, photographs, drawings), deposited by the LOBBYNOIR team or an Advertiser under its exclusive editorial responsibility, with a view to buying, renting, promoting, selling a property or a service, or to inform the public of the Site, this set being distributed on the Site « Directory Lobbynoir »
Advertiser : refers to a User, acting for professional or private purposes, established worldwide, who has published at least one Ad, Directory Page, advertisement or Contribution.
Contract : the contract consists of the Advertiser’s order for paid option (s) or paid service and the general conditions of sale. It constitutes all of the agreements binding LOBBYNOIR and the Advertiser as to its subject. However, it is specified that the general conditions of use of the Applications (including the elements that compose them) apply without reservation to the Advertiser.
Personal Account : refers to the free space, accessible from the Site that any Advertiser / Visitor / Contributor must create, and from which he can distribute, manage, view his Advertisements and his Directory page, subscribe to one or more options (s ) pay (s) or to a paid service (s), ask questions about an Ad, respond to an Ad and publish a Contribution. The creation of a Personal Account is a prerequisite for the publication of an Ad, a Contribution and the subscription to an option or a paid service.
GCU or General Conditions of Use of Applications : designate these General Conditions of Use as well as any document to which it refers.
Contributor : means a User who has published at least one Contribution.
Contribution : refers to all the elements and data (visual, textual, sound, photographs, drawings), submitted by a Contributor under his exclusive editorial responsibility, with a view to commenting on an Ad, asking questions or answering questions / Advertiser’s comments, to participate in a discussion, this set being posted on the « Lobbynoir Directory » Site
Directory page : refers to all the elements and data (visual, textual, sound, photographs, drawings), deposited by an Advertiser under his exclusive editorial responsibility, with a view to communicating about his company, intended for the public of the Site, this set being published on the Site « Lobbynoir Directory »
« Lobbynoir Directory » Site or Site : refers to the « Lobbynoir Directory » website, whether used via a computer, phone, tablet or any other equipment allowing access.
User : refers globally to the Visitor, Advertiser, Contributor and Buyer.
Professional User : refers to a User acting for professional purposes.
Visitor : means a person accessing the Site for reading only.
Buyer : refers to a User who purchases a product or service by responding to an Ad.
ARTICLE 2 – DESCRIPTION OF THE LOBBYNOIR LN DIRECTORY SITE
The Site is a privileged place of exchange between people evolving in the « Afro descendant and / or Afro sympathizing » ecosystem, the purpose of which is to allow any User to offer, sell or buy products and services. services, or to inform the public about products, services or events, to offer, to research, or to communicate with other Users sharing common areas of interest.
The Site therefore aims to allow:
- posting and viewing Advertisements;
- the publication of content (Ads, Directory Page, advertising, etc.);
- the publication of contributions (comments and news);
- the connection between Users.
- Promotion of events
ARTICLE 3 – ACCESS TO THE SITE AND OTHER APPLICATIONS
Creation of a Personal Account
The use of the Applications is conditional on the creation of a Personal Account. The creation of a Personal Account is free.
Only Users whose Personal Account has not been suspended or deleted can publish an Announcement or a Contribution or subscribe to a service or option.
When creating their Personal Account, the User undertakes to provide accurate and up-to-date information. He also undertakes to update his information in the event of any change.
The User is informed that LOBBYNOIR sends him information, in particular relating to his Ads, via the email and / or telephone address entered in the Personal Account.
There can only be one Personal Account per User. The User undertakes not to create several Personal Accounts.
A legal person must create his Personal Account for use for professional purposes only.
Employees and collaborators of a legal entity must create their own Personal Account for their use of the Applications for private purposes.
The Personal Account is accessible by entering a username and password.
The User’s identifier is the User’s email address and / or the login.
The User chooses his own password, respecting the password structure defined by LOBBYNOIR.
The User is responsible for the confidentiality of his password.
For security reasons, the User is invited to change it regularly.
Any use of the Applications made with the identifiers of a User is deemed to have been made by said User.
Deleting a Personal Account
The deletion of a Personal Account implies the automatic, immediate and definitive deletion of all Advertisements, Contributions, services and options including paid and any other element attached to them as well as access to the Site.
The User can delete his Personal Account by sending a message through the “contact us” link on the site.
LOBBYNOIR reserves the right to suspend or delete a User’s Personal Account in the event of non-compliance with the T & Cs and other conditions, in particular in the event of non-payment for the paid services subscribed to.
Publication – deletion – modification of an Ad
The User, after creating his Personal Account, can create an Ad via the link « Place an ad » or « Add your Business ».
Ads are published, after validation by the advertiser, however the LOBBYNOIR team reserves the right to revise, suspend, delete ads in the event of non-compliance with standards.
The User can also subscribe to paid options in order in particular to highlight his Ad.
The User can unpublish his Ad from the ads management space in the « my account » section.
From this space, it is also possible to: duplicate or modify it.
Before posting an Ad, the User must be aware of the conditions attached to it, in particular the distribution rules and the User’s charter of good conduct , which he undertakes to respect.
LOBBYNOIR reserves the right to relay an Ad on social networks or any other so-called social media site of the LOBBYNOIR group and partners, without information or notice from the Advertiser, which the Advertiser expressly accepts. It is specified that LOBBYNOIR is in no way obliged to relay an Ad on its Facebook page or one of its accounts opened with any other social media. Thus, the Advertiser cannot under any circumstances question LOBBYNOIR’s liability or make a claim that his Advert has not been relayed on social networks or any other so-called social media site of the LOBBYNOIR group and partners.
Publication of a Contribution
The User can, after creation of his Personal Account, publish a Contribution.
Contributions, whether relating to an Announcement or a news item, are published after LOBBYNOIR moderation.
Contributions relating to an Ad are published for the duration of the publication of said Ad.
Contributions relating to the news are published until the deletion of the article to which said Contributions relate.
Before publishing a Contribution, the User must be aware of the conditions attached to it, in particular the charter of good conduct , which he undertakes to respect.
The Site is a participatory space where conviviality and respect for others are essential.
Announcements, Contributions and Directory Pages are moderated a priori: they are published after reading by a moderator. Thus, Announcements and Contributions will be published as soon as possible following validation of the Announcement or Contribution by the User.
The User will receive a notification of LOBBYNOIR’s refusal to publish an Ad, without obligation of explanation and / or justification.
The User can also from the « my account » section check the status of his Ad or the comments attached to it.
Users can report abuse in a comment.
ARTICLE 4 – SUBSCRIPTION / USE OF PAYABLE OPTIONS AND SERVICES
The descriptions of the paid options and services as well as the prices appear on the LOBBYNOIR sites and applications.
Any use and / or subscription to an option or a paid service is subject to the unreserved acceptance of all the General Conditions of Sale and other conditions attached to them.
The prices of paid options and services are subject to change. The changes made are effective as soon as they are posted on the Applications. LOBBYNOIR reserves the right to temporarily modify the rates applicable to these options and paid services during promotional events or the launch of new services. These modifications come into force on the date indicated in the notification sent to the User concerning the temporary promotional event or the new service on the Site, or failing this as soon as they are posted on the Site.
Unless otherwise stated, all prices are indicated in euros excluding tax (EUR).
The LOBBYNOIR User accepts to receive LOBBYNOIR invoices for the purchase of options and paid services in electronic format, by e-mail.
The provisions relating to the LOBBYNOIR GTC are applicable.
ARTICLE 5 – ACCESS TO APPLICATIONS – INTEGRITY
Access to Applications
LOBBYNOIR makes its best efforts to ensure that the Applications are accessible 24 hours a day, 7 days a week.
However, LOBBYNOIR cannot guarantee continuous and secure access to the Applications, insofar as the proper functioning of the Applications may be affected by many factors beyond the control of LOBBYNOIR. Consequently, no temporary or definitive interruption, for any reason whatsoever, may give rise to compensation or, in particular financial compensation; within the limits of the legislation in force, LOBBYNOIR excludes all guarantees, conditions or other provisions, and cannot be held responsible for any financial or reputational loss, nor for special, indirect or induced damages resulting from or related to the use of Applications.
The User declares to accept the characteristics and the limits of an online service, and in particular to recognize:
- a) that he is aware of the vagaries of online consultation, in particular with regard to response times;
- b) that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer and / or of his equipment and / or of his computer network allow him access to the Applications.
- c) that he is solely responsible for his access to the Internet;
- d) that it is their responsibility to take all appropriate measures to protect their own data and / or software and / or hardware from contamination by any viruses circulating on the Internet or contracted by any other means.
LOBBYNOIR reserves the right to modify the characteristics or content of the Applications.
Any User can consult the Announcements and Contributions published on the Site.
However, certain services are reserved for certain categories of Professional Users, consequently their access may be restricted to only those professionals identified as such via their Personal Account.
In addition, access to certain services may be restricted to certain Users who have subscribed to a subscription or to a paid service.
Where applicable, certain services may be accessible by invitation only and will depend in particular on the profile of the User.
LOBBYNOIR may also temporarily or permanently suspend access to all or part of a User’s Applications in the event of non-compliance with the T & Cs or restrict access to the Applications and / or certain sections without warning.
The information contained in the Applications is regularly updated and is protected by property rights or is granted to LOBBYNOIR by Users or by third parties via a license.
The User is prohibited from:
- use robots, spiders, scrapers or any other automatic process to access the Applications, for any purpose whatsoever, without the express, prior and written consent of LOBBYNOIR; and or
- initiate action which could, at LOBBYNOIR’s discretion, impose an unreasonable or disproportionate load on the infrastructures used by the Applications; and or
- copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content of the sites, services, Applications or tools without the prior express written consent of LOBBYNOIR or, where applicable, that relevant third parties; and or
- disrupt or attempt to disrupt the proper functioning of the Applications or the activities that take place there; and or
- bypass security protocols, robot exclusion or any other measure that LOBBYNOIR implements to protect, prevent or limit access to the Applications.
ARTICLE 6 – HYPERTEXT LINKS
LOBBYNOIR prohibits the creation of any hypertext link, whether it is a simple or deep hypertext link to the Site or an Application.
However, by exception and under certain conditions, LOBBYNOIR may authorize any natural or legal person who owns a website or any other medium to cite the site or to set up a simple hypertext link pointing to the address of the Sites or of the site. LOBBYNOIR. An authorization, express and in writing, must then be requested from LOBBYNOIR.
Hypertext links may be authorized in the pages or Advertisements from Professional Users, where applicable, they must point to the Advertiser’s home page or to the page of the product / service concerned.
LOBBYNOIR does not control the sites to which the hypertext links point. The links to these sites cannot be analyzed as constituting a partnership between LOBBYNOIR and the said sites or the companies which operate them. Thus, LOBBYNOIR disclaims all liability for the content, products, elements, or services offered by these sites, the latter being solely responsible for the content they distribute.
ARTICLE 7 – OTHER CONDITIONS
The special conditions, general conditions of sale and other conditions referred to below are incorporated into these T & Cs and provide additional terms and conditions:
- The general conditions of sale applicable to users
- The User’s Code of Conduct
- The rules for posting announcements
- The general conditions of sale of LOBBYNOIR products and services
- The general conditions of use of the LOBBYNOIR site
- Where applicable, the general conditions of use and sale of the e-documents service.
Other conditions and regulations may be applicable even if they are not listed herein. If applicable, they appear on the relevant Application page.
LOBBYNOIR reserves the right to modify the T & Cs and / or the documents incorporated therein at any time by posting the modified conditions online on the Applications. The User is invited to regularly consult the T & Cs in order to be aware of the changes made. Unless expressly stated otherwise, all changes will be effective 15 days after being posted online. The provisions of the T & Cs cannot be modified in any other way.
ARTICLE 8 – PERSONAL DATA – COOKIES
LOBBYNOIR collects information and personal data relating to Users.
This information and data collected from Users are necessary for the proper use of the Applications by the latter. These data are then recorded in the information systems and used by the relevant departments of LOBBYNOIR.
The User is informed that in the event of failure to provide certain data, the use of certain Applications or certain services may be restricted or even impossible.
With the authorization of the User, LOBBYNOIR may be authorized to use this data in order to offer him personalized services.
In accordance with the law of January 6, 1978, the User may oppose, for legitimate reasons, the processing of his personal data and that he has a right of access to the processing carried out on the data which concern him. If these prove to be inaccurate, incomplete, erroneous or out of date, the User may request that they be rectified or deleted. To exercise his rights, the User:
- Can modify the data that he can manage himself in his « my account » space
- Can contact the Site administrator via the « contact us » link on the Site
- Can send an email formulating his request and specifying his name and contact details, as well as proof of his identity to LOBBYNOIR on firstname.lastname@example.org.
LOBBYNOIR makes every effort to ensure the security of the data it collects in accordance with the law. However, Users are informed that the data circulating on the Internet network may be diverted by third parties without LOBBYNOIR’s knowledge.
LOBBYNOIR servers automatically record the information sent by the User’s browser when browsing the Site. This information may include the User’s IP address, their browser type, the date and time of their connection to the Site. Such information will be used only for the purposes of analysis, audit and improvement of the Applications. This information will be processed and stored in an aggregated format, such as, for example, the number of users who have visited the same page or who have clicked on a particular link. These aggregated and non-nominative data may be transmitted to a third party.
LOBBYNOIR uses a tag identification system. The purpose of this technology and this information is to help LOBBYNOIR improve the quality of its Site.
LOBBYNOIR uses the Google Analytics audience measurement tool. This allows you to obtain a complete analysis of the Site’s traffic. The browsing statistics make it possible to better detect the problems encountered on the Site, particularly in terms of security. No nominative profile is kept.
LOBBYNOIR keeps this information linked to statistics in a strictly confidential manner and undertakes not to communicate it to third parties other than the service providers in charge of the expertise and maintenance of the Site. Any information that would have to be processed by an external service provider for LOBBYNOIR’s internal use will be subject to the most absolute confidentiality, and cannot be marketed.
LOBBYNOIR nevertheless reserves the right to communicate to its commercial partners anonymized statistical analyzes, in particular on the number of users, their type, the clicks made on advertising banners or advertisers.
Users can oppose the registration of cookies by configuring their browsers. Disabling or uninstalling cookies may prevent the proper functioning of certain features of the site and / or services, in particular the publication of an Ad and the subscription to options and services.
ARTICLE 9 – NON-RESPECT OF TERMS
The User undertakes to use the Applications in accordance with the T & Cs and each of the elements that compose them as well as the conditions and terms that appear on the page of a service.
In the event that LOBBYNOIR finds a violation by a User of the legal provisions in force, the rights of third parties « including in particular intellectual property rights such as trademarks, copyright » or the T & Cs, after – when possible – unsuccessful notification to the User to comply with the T & Cs, LOBBYNOIR reserves the right to take one / or more of the following sanctions, if applicable:
- delay the publication of the Ad, the Contribution and in general, any content;
- not to publish an Announcement, Contribution or content that it considers not to comply with the T & Cs or the spirit of the Site or which would be pointed out to it as such, without notice or notification;
- remove any published content that violates the aforementioned provisions without notice or notification;
- suspend the User’s access to the Applications and to his Personal Account.
LOBBYNOIR may take any legal action against a User who violates the T & Cs.
ARTICLE 10 – OWNERSHIP
The User grants LOBBYNOIR on a non-exclusive basis, free of charge, for all languages, for the whole world and for the legal duration of the rights (including any extensions that may occur), all intellectual property rights relating to elements used for the composition of its Ads, Contributions and more generally, of content published on the Site and application (in particular texts, images, photographs, logos, illustrations, brands, models, titles, data), including any database ( hereinafter the « Content ») in full or by extract, as and when they are inserted on the Site.
These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sub-license and communicate to the public all or part of the Content by any means, on any format and any media (digital, printed, etc. known or unknown to this The rights listed above are granted for all websites and applications of the LOBBYNOIR group as well as for third party websites authorized by LOBBYNOIR and Mfunguamoyo Corporation.
LOBBYNOIR may provide third parties with all or part of the rights granted under this license.
The User guarantees that the Content complies with applicable legislation, that he is the holder of the intellectual property rights on the Content, that he does not infringe the rights of third parties, and that he is not subject to infringement actions.
The User guarantees LOBBYNOIR against all the financial consequences of any actions, claims, claims, or oppositions from any person invoking an intellectual property right over the Content, an act of unfair and / or parasitic competition, and / or a violation of the press law.
ARTICLE 11 – LIABILITY OF LOBBYNOIR
LOBBYNOIR is bound by an obligation of means.
Except in the event that LOBBYNOIR has been duly informed of the existence of illegal Content within the meaning of the legislation in force, and has not acted promptly to remove it, LOBBYNOIR cannot be held responsible for either the Content or the actions (or lack of action) of Users, or items or services they are selling.
LOBBYNOIR cannot be held liable, in contractual, tort (even in the event of negligence) or otherwise, for any commercial loss that the User may suffer (loss of data, orders, profits, turnover, activity, opportunities, customer value, reputation or business interruption) or any moral prejudice, any loss and resulting, directly or indirectly:
- the use by the User of the Applications, or his inability to use them;
- the publication or non-publication of an Announcement on the LOBBYNOIR Annonces pages or any other so-called social media site opened in the name of LOBBYNOIR or the Mfunguamoyo Corporation Group;
- any delays or disruptions that could affect the Applications;
- viruses or any other malicious software obtained by accessing the Applications;
- any malfunctions, bugs, errors or inaccuracies whatsoever present in the Applications, or in the information and graphic elements obtained through them;
- content, actions or lack of action by third parties or destruction of Advertisements suspected of not complying with the T & Cs;
- suspension or any other action taken vis-à-vis the User’s Personal Account or non-compliance with the T & Cs;
- consequences for the User of the modifications made to the Applications.
For the consumer, no stipulation of the T & Cs can exclude or limit in any way the liability of LOBBYNOIR towards him. LOBBYNOIR’s liability can only be limited or excluded in the cases provided for by law, namely in cases of force majeure, irresistible facts, faults by a third party or the fault of the consumer himself.
Within the limits of the legislation in force and without prejudice to the stipulations provided for in the previous paragraph, if LOBBYNOIR is held liable by the competent court, LOBBYNOIR’s liability may not exceed the greater of the following amounts: (a) the total amount of the options or paid services purchased and paid for during the 12 months preceding the said liability action; or (b) € 100.
LOBBYNOIR reserves the right to limit the use and storage of the Content at any time, at its sole discretion, without notice.
LOBBYNOIR reserves the right to access, store and communicate any information it reasonably believes is necessary for the purposes of (a) complying with any applicable legal or regulatory obligation as well as any request from a judicial or administrative authority , (b) assert his rights under the T & Cs including verifications relating to any non-compliance with them, (c) detect, prevent, fight against any fraud or technical or security issues ; (d) respond to Users’ requests for technical assistance or (e) protect the rights, property or safety of Users.
Provisions specific to Advertisements
LOBBYNOIR does not intervene in any case in the transaction between buyers and sellers / Advertisers. As such, LOBBYNOIR does not transfer ownership of objects from the seller to the buyer.
Sale / purchase / rental or other types of contracts are made directly between the buyer / tenant and the seller / Advertiser. Consequently, LOBBYNOIR does not exercise any control over the quality, safety or legality of the products or services offered for sale or offered in an Advert, the veracity or accuracy of the content or advertisements of Users, the capacity of sellers / Advertisers to sell / rent such products nor the ability of buyers to pay for such products or services.
LOBBYNOIR also does not guarantee that the seller / Advertiser or the buyer / lessee will enter into or execute the transaction. The seller / Advertiser is free to choose with which of the Users he wishes to conclude the sale or the contract. However, upon notification by the buyer of acceptance of the offer, it is recalled that the provisions of French law on sale apply.
Special provisions for Contributions
LOBBYNOIR cannot be held responsible for the content of Contributions.
ARTICLE 13 – USER’S RESPONSIBILITY
The User consults and uses the Applications and the information appearing therein (in particular the Announcements and Contributions) under his sole responsibility: this information cannot be used without prior verification by the User and LOBBYNOIR cannot be held responsible for the direct consequences. and indirect which may result from the use, consultation and interpretation of information published on the Site. The use of the Site and the information it contains by the User is therefore done under his sole responsibility and at his own risk.
The Professional User undertakes to maintain or, where applicable to take out, civil liability insurance covering bodily, material, immaterial, direct or indirect damage likely to be caused by his actions or his staff that he authorizes to use. its codes and identifiers.
The User is solely responsible for any damage suffered by his computer equipment or any loss of data resulting from the use of an Application.
The User agrees to indemnify and defend LOBBYNOIR, against any request or claim made by a third party, caused or resulting from a violation by the User of these T & Cs or of any document incorporated therein by reference, or a violation by it of any law or any right of such third parties. This includes, for the User acting as a professional, the obligation to indemnify LOBBYNOIR for all reasonable costs of lawyers incurred by the latter to defend himself.
Provisions specific to Advertisements
Ads are published under the editorial responsibility of their author. Under no circumstances will LOBBYNOIR be held responsible for the content or the veracity of the Advertisements, in particular that the products or services which are sold or offered therein conform to the needs of the User.
LOBBYNOIR cannot be held responsible for the content or the veracity of the advertisements published by the LOBBYNOIR team upon validation and / or request from the advertiser.
The User is responsible for the choice of Ads he publishes and / or to which he responds. LOBBYNOIR recommends that Users exercise caution and critical judgment in using the Site and applications.
Special provisions for Contributions
Contributions are published under the editorial responsibility of their author and express the personal opinions of their authors. Under no circumstances will LOBBYNOIR be held responsible for the content of Contributions.
The publication of a Contribution by LOBBYNOIR on the Site does not mean that LOBBYNOIR shares, endorses or validates in any way the opinions or information that is exposed there.
LOBBYNOIR recommends that Users exercise caution and be critical of Contributions.
ARTICLE 13 – NOTIFICATIONS
Unless expressly stipulated otherwise, any notification sent to LOBBYNOIR must be sent via the contact form available on the site under « contact us » or by email to the address email@example.com with confirmation of receipt.
Any notification intended for Users will in principle be sent by e-mail to the address entered in the User’s Personal Account. Notifications are deemed to have reached the User 24 hours after sending the e-mail, unless the sender is notified of the invalidity of the e-mail address.
Notifications can also be sent by letter to the postal address entered in the User’s Personal Account. In this case, the period mentioned above is extended to 3 days after sending the letter.
ARTICLE 14 – CLAIMS
In the event of a complaint, please send your request via the contact form available on the site under « contact us » or to the address firstname.lastname@example.org with confirmation of receipt.
ARTICLE 15 – MISCELLANEOUS
The titles of the various articles appearing in the T & Cs are purely indicative and do not necessarily determine the content of the articles to which they refer.
The fact that LOBBYNOIR has not required the application of any clause of the T & Cs (or of an integrated document), whether permanently or temporarily, can in no way be considered as a waiver of the rights of LOBBYNOIR arising from the said clause whose non-application was tolerated.
LOBBYNOIR and the User are independent. None of the stipulations of the T & Cs may be interpreted as creating between them a company, a joint venture, a mandate, a subsidiary, an agent or employee-employer relationship.
ARTICLE 16 – APPLICABLE LAW
These T & Cs are subject to the provisions of French law.
Any dispute or litigation that may result from the interpretation and / or execution of these, and more generally from the use of the Site falls within the jurisdiction of the courts of Paris, even in the event of a connection or a guarantee call. or multiple defendants.