Share(d) mobile app
Article 1 - COOT SOLUTIONS
1. COOT SOLUTIONS is a simplified joint stock company with a capital of €9,626.50, registered with the Grenoble Trade and Companies Register under number 830 800 868, whose registered office is at 4bis rue Lafayette, 38000 Grenoble, France, and whose EU VAT number is FR32 830 800 868; E-mail address: firstname.lastname@example.org;
2. COOT SOLUTIONS has designed and published a mobile application called "SHARE(D)", offering any user or natural person, services dedicated to the management and organisation of their daily family life.
Article 2 - Définitions
For the purposes of this document, the following terms shall have the following meanings:
"Application" means the mobile application “Share(d)”, designed and published by Coot Solutions, available to download by any User and accessible from a mobile device provided that the latter is equipped with a suitable mobile operating system;
"User Account" means the virtual and personal account of a User, created after downloading the Application and from which the User can access a selection of Features;
"General Conditions" means the present general conditions of sale and use binding the User to the Publisher, as well as any subsequent version;
"Publisher" means Coot Solutions;
"Features" means all features of the Application;
"Parties" means both the User and the Publisher;
“Site” refers to the website www.share-d.com, hosted by OVH, whose registered office is at 2 rue Kellermann, 59100 Roubaix;
"User" means any natural person acting in his or her own name who has downloaded the Application and is using it through an account of his or her own.
Article 3 - Purpose
The purpose of the General Conditions is to define the rights and obligations of the Parties in the context of the use of the Application and the subscription taken out by the User with the Publisher:
a) they are applicable as soon as they are published online;
b) they may be modified at any time by COOT SOLUTIONS and any subsequent version of the General Conditions is applicable as of the date of its publication online;
c) unless specifically agreed by the Publisher, they prevail over any other document and apply to any transaction between the Publisher and the User.
Article 4 - Pre-contractual information
1. The User acknowledges that he/she has read the General Conditions and all the information contained therein, that he/she has accepted them before using the application or making any financial transaction via the application and that they are binding on him/her.
2. The essential characteristics of any product or service sold by the Publisher, as well as its unit price plus any necessary or only possible incidental costs, shall also be communicated to the User in a clear and comprehensible manner.
3. The Application and its Features comply with the requirements of current French law relating to the health and safety of persons, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
Article 5 - Access to the application and its features
1. Access to the Application and the consultation of its Features require the following minimum configuration: Android from version 5.0 and on IOS from version 10.
2. Access to and use of the Application is open to any person aged 18 or over who has filled in the registration form to open a User Account. The opening of a User Account is nevertheless authorised for minors, on the express invitation of at least one adult User certifying the existence of a family link.
3. Access to and use of the Application and the Features are reserved for strictly personal use: the User is prohibited from using the Application and the information or data contained therein for commercial, political, malicious or advertising purposes and for any form of commercial request, in particular the sending of unsolicited e-mails.
4. Access to the Features presupposes the prior creation of a User Account; to this end, the User must successively fill in:
- his or her first name
- a personal e-mail address;
- a password which is personal and confidential and which he/she undertakes not to disclose to anyone;
5. Optionally, the User may, under his/her sole responsibility, enter:
- their surname and date of birth;
- the first name, date of birth and/or e-mail address of his/her children;
- the first name, date of birth and/or e-mail address of their former spouse, subject to the latter's prior agreement.
6. The User is obliged to fill in the information provided diligently, accurately and precisely.
7. In all cases, the User is entirely responsible for the login information communicated by him/her (e-mail address and password) and undertakes to ensure the confidentiality of this information. He/she must report any fraud or hacking to the Publisher's customer service department as soon as possible.
Article 6 - Subscriptions
2. To take out a subscription, the User must have legal capacity and be at least eighteen years old.
3. The User can take out a subscription with the Publisher by selecting the type of subscription desired and offered via the Application. Once selected, the User checks the details of the selected subscription and the total price indicated.
4. After having accepted the General Conditions by clicking on the indicated place, the User validates his/her subscription:
- any validation by the User implies irrevocable acceptance of the price, the terms and conditions of the subscription as well as these General Conditions by the User;
- the User proceeds to payment of the first instalment corresponding to the subscription taken out.
5. The subscription offered by the Publisher is considered final after collection of the full first instalment of the corresponding price by COOT SOLUTIONS or any third party it substitutes. The latter reserves the right to block the subscription of the User in the event that the debit has not been possible.
6. For any questions relating to the monitoring of its subscription, the User should contact COOT SOLUTIONS directly, either by sending a letter to the address indicated in Article 1 above, or by sending an email to the following address: email@example.com.
Article 7 - Price
1. The price of any subscription offer proposed for sale by the Publisher via the Application is freely set by the latter, in compliance with applicable laws and regulations, and is not negotiable by the User.
2. The unit prices are either indicated in euros, or in the the local currency of the User’s app STORE; they do not take into account any additional costs, which are invoiced in addition, subject to acceptance by the User, prior to the latter's subscription.
3. The prices are fixed inclusive of all taxes as in force on the day of the confirmation by the Publisher of the subscription: any creation or modification of tax, whatever its nature or amount, will be applied as soon as it comes into force.
4. The Publisher reserves the right to change the price of subscriptions at any time. Any change in tariffs after the subscription is taken out will take effect from the payment due date following the tariff change date. The User may refuse to consent to the price change by unsubscribing before the change comes into effect. Otherwise, the continued use of the Application after the tariff change has come into force shall be deemed to constitute express consent to the said change.
Article 8 - Payment
1. Any subscription implies an initial payment at the time of validation of the subscription by the User, as well as successive payments at the time of the periodic deadlines set out by the type of subscription taken out.
2. All payments and withdrawals are made by electronic payment, from one of the electronic payment methods offered, on behalf of the Publisher, by its third party partners, Google and Apple. The User must first enter his/her bank details in the area of the Application or the interface of the third party partners provided for this purpose and confirm this entry. Users are advised to review the Google and Apple Terms and Conditions of Use prior to any transaction.
3. The Publisher or any third party that it substitutes reserves the right to suspend or refuse any processing of a subscription request in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment. The Publisher or any third party that it substitutes reserves the right to refuse any subscription request from a User who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
4. In the event of fraudulent use of bank details, the User is invited, as soon as this use is noticed, to report it to firstname.lastname@example.org.
Article 9 - Right of withdrawal
1. The use of a Feature as from the validation of the subscription by the User entails the express renunciation of the User's right of withdrawal.
2. Until the expiry of the period specified on the app STORE at the time of the validation of the subscription by the User and subject to the application of the terms of the previous paragraph, the User may withdraw from the subscription.
3. In the event of withdrawal by the User within the aforementioned period, the User will not be charged for the next period of the subscription taken out.
Article 10 - Proof of transactions
1. Any validation of the subscription by the User is proof of the latter's agreement with regard to the payment of the sums due under the subscription as well as all the operations carried out by them.
2. The computerised registers, kept in the computer systems of the Publisher under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Subscription forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 11 - Content of the application
1. All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer and software applications that may be used to operate the Application and more generally all elements reproduced or used on the Application are protected by the laws in force with respect to intellectual property.
2. They are the full and complete property of the Publisher. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited and is likely to constitute an infringement of copyright.
3. The fact that the Publisher does not initiate proceedings upon becoming aware of such unauthorised use does not constitute acceptance of such use and waiver of proceedings.
Article 12 - Application management
For the good management of the Application and without being able to take on the responsibility of these heads, the Publisher will at any time be able:
- to suspend, interrupt or limit access to all or part of the Application, restrict access to the Application, to certain parts of it or to a specific category of Users;
- to delete any information that may disrupt its operation or contravene national or international laws;
- to suspend the Application in order to make updates.
Article 13 - Responsibilities
1. The User is solely responsible for its use of the Application and its Features.
2. The Publisher does not interfere in any way with the use of the Application and the Features made available to Users; only facts that are directly attributable to COOT SOLUTIONS, can engage the responsibility of the latter towards the User, provided that they cause direct harm.
3. COOT SOLUTIONS cannot be held responsible if the non-performance or poor performance of its obligations is attributable to:
- misuse of the Application by the User or due to the User's fault;
- an unforeseeable and insurmountable act by a third party;
- a case of force majeure;
- the disadvantages inherent to the use of the Internet - such as an interruption or breakdown in service, external intrusion or the presence of computer viruses.
4. The Publisher cannot be held responsible in the event of legal proceedings against a User:
- as a result of the User's use of the Application or any Feature;
- due to the User's failure to comply with these General Conditions.
5. The Publisher is not responsible for any damage caused to the User, to third parties and/or to the User's equipment as a result of the User's use of the Application and the User waives any action against the Publisher in this respect.
6. The User is solely responsible for the equipment they use to connect to the Application. The User must take all appropriate measures to protect his/her equipment and his/her own data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data that he/she consults.
7. The User undertakes to indemnify and hold harmless the Publisher against any claim and amicable or legal proceedings arising from the use of the Application by the User and to compensate the Publisher for any damages, sums, sentences and costs that may arise thereof.
8. COOT SOLUTIONS gives no guarantee of compliance of the Application to any legislation other than French legislation, especially if the User accesses the Application from other countries outside France.
9. Any element entered by the User may not contain any element contrary to the laws and regulations in force, to public order and may not in any case be violent, insulting, denigrating, defamatory, vulgar, discriminating and, in any case, only the Users may be held responsible for the information and data they communicate via the Application and its Features whereas the Publisher may not be held responsible for any act of a User.
Article 14 - Termination
1. Any User may terminate their subscription at any time and without reason via the "My Account" section of their User Account.
2. Termination takes effect from the end of the monthly or annual subscription period which is the subject of the said termination and definitively interrupts access to all the "premium" Features as well as any future financial deductions without entitling the User to the reimbursement of the sums previously paid, which remain definitively acquired by the Publisher.
3. In the event of non-compliance by a User with the General Conditions or in the event of a payment incident or non-payment of a periodic due date, the Publisher reserves the right to terminate a User's subscription without prior notice or warning.
4. This termination will occur without prejudice to any damages that may be claimed from the User or his/her rights holders by legal action by COOT SOLUTIONS in compensation for the damages suffered.
5. The User will be informed by e-mail of the termination or confirmation of the termination of his/her account.
Article 15 - Personal data
The Personal Data Protection Policy implemented by the Publisher is subject to a separate document, accessible here.
Article 16 - Totality
1. In the event of the disappearance of one of the clauses of the present General Conditions, in particular following the application of a law, a regulation or following a final decision of a competent court, the other stipulations of the present General Conditions shall retain all their force and scope.
2. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 17 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in the General Conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Miscellaneous
1. Unless otherwise specified, any notification shall be made by registered letter with acknowledgement of receipt.
2. Any notice interrupting the time limit shall be assessed for this purpose at the time of its dispatch.
3. Any notice which gives rise to a time limit shall be assessed for this purpose at the time of its first presentation to the recipient.
4. The purchase, by the User, of any product or service offered by the Publisher is considered to have been made in France.
Article 19 - Mediation
For any dispute or disagreement, in case of failure or lack of response from COOT SOLUTIONS, the User may resort to conventional mediation, in particular with the CMAP, which the User can contact here [https://www.cmap.fr/].
Article 20 - Litigation
The General Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention, and no guarantee is given as to their conformity with any law other than French law.