2.1 Material Scope

• These terms and conditions govern the legal relationship between Clickcool and users as soon as they have expressed their willingness to use its services or the purchase of products offered by Clickcool. Opening a free account with Clickcool implies acceptance of these terms and conditions.
• The general conditions of use « CGU » are intended to determine the conditions of use of the Site and the Services made available to Users and Advertisers of Clickcool sites.
• Any User / Advertiser who has a Free Account on the Clickcool site and submits Ads and uses module of the creation of showcase website, e-commerce, reservation system for hotel and restaurant on the Clickcool Site declares to have read the present terms and conditions and expressly accepts the terms.
• Users and Advertisers agree to comply scrupulously and fully with these terms and conditions of use of Clickcool Site.

2.2 Personal Scope

These terms and conditions only apply to the relationship between the user / advertiser and Clickcool.

The transfer to a third party of the rights and obligations arising from these terms and conditions is subject to the prior consent of the other party. However, the transfer made in connection with a merger, demerger, transformation or transfer of assets is not subject to agreement.

These general terms and conditions do not confer any rights or obligations on third parties, insofar as they are not in a contractual relationship of representation or subordination.

2.3 Territorial Scope

Unless specific clauses specific to a Clickcool site hosted abroad or to a website in co-brands or a partner site, these terms and conditions apply regardless of the country in which it is domiciled. user or from whom he accessed Clickcool.

Users / advertisers domiciled in a country subject to embargo measures by international authorities « France, Switzerland, Canada, the United States etc., tending to forbid commercial relations or accessing Clickcool from such a country can not conduct economic activities on Clickcool or by means of this one.

Clickcool strives to create a borderless community with harmonized standards for all users in compliance with state legislation and regulations. Users agree that information about them will be transferred to Clickcool sites hosted in a different country than the one in which they opened an account or used the services or applications offered by Clickcool.

 

3.1 Without this list being exhaustive, the following services are accessible from the Clickcool Site:

• creating a Free Account;
• Online payment and billing system module with your logo
• creating / publishing SEO ads and multilingual translation
• the creation and management of showcase website: » e-commerce website, hotel and restaurant reservation
• Ad serving and managing published ads « only for Advertisers »
• creating email alerts and privilege options for Ads;
• command management for: « e-commerce and booking for hotels and restaurants »
• the business directory, and the management of contact details and personal information;
• contact between Users interested in Advertisements and Advertisers through the intermediary of messaging.

3.2 Conditions of access

Access to Clickcool services and benefits is subject to the fulfillment of the following cumulative conditions:

1. for users, to be at least 17 years old, not to be prohibited or incapable of discernment or to have been the subject of a final and enforceable conviction for sexual offenses or for acts of violence or for uploading, disseminating, propagating or viewing information that constitutes illegal representations of violence or hard pornography;
2. for legal persons, to be registered in a national register of companies;
3. not be prohibited from using computer resources or electronic communications networks by an administrative or judicial authority in your country of residence;
4. not have been excluded from Clickcool.

3.3 Registration / Account Creation

Creating an Account for Individual / Professional is free. The same Advertiser or User must create only one Account.

The User or the advertiser agrees to complete the online registration form in good faith, providing the exact information. The User or the advertiser undertakes not to impersonate or use a false identity likely to mislead third parties as to the identity of the author of an Ad.

On the Clickcool Site, the user or the advertiser will have to fill in the following fields: his / her civility, surname and first name, e-mail address, country and city etc.

On the Clickcool Site, the Professional Advertiser must obligatorily fill in the mandatory fields and in particular: the company name, the title, the name, the first name of the person in charge, the number of the company or trade register, the head office address, zip code, city, phone number and e-mail address.

To create a Free Account, the User or Advertiser must fill in their information on the registration form and choose a password.

The registration form and access to the account are accessible from the button at the top of the page « (Log In | Customer Area) and (Create a Free Account) ».

3.4 Registration Form

Membership is done using the registration form on the Clickcool website (at the top of the homepage). Subject to the provisions that follow, the filling of the fields of the form by the user / advertiser is worth adherence to these general conditions.

The registration form contains fields that must be filled out with information specific to each user. They are saved in a specific Clickcool account. The user / advertiser certifies that the information communicated is in conformity and does not belong to a third party.

In case of modification of any of these informations, the user will proceed without delay to update them in his Clickcool account. In case of use of inaccurate information, belonging to third parties, not updated or incomplete, Clickcool reserves the right to terminate the account of the user and deny him access to its services and services.

3.5 Password

The user or advertiser undertakes to maintain the confidentiality of his password, in order to allow him to access all or part of the Services and, in particular, his Account and his Messaging.

The user or the advertiser can not therefore seek the liability of the company Clickcool in case of acts on the Clickcool Site by a third party in possession of his password, against him to turn against this third party .

In general, the user or advertiser acknowledges that Clickcool Company is not responsible for fraudulent use of their Account or Internal Messaging.

The user or the advertiser undertakes to notify Clickcool Company, as soon as possible, of any unauthorized use of its Account or Internal Messaging, as soon as it becomes aware of it.

The user communicates the data relating to his real identity, namely his name, first name, age.

The user must respect the following conditions:

1. create only one account;
2. update their contact information;
3. not to provide false information about himself or information about third parties;
4. do not use a username that constitutes an offense, belongs to a third party or is protected by the laws and regulations concerning intellectual property or the protection of distinctive signs, trademarks, trade reasons or right to the name;
5. Do not create a new profile without Clickcool permission if the profile has been deleted or deactivated;
6. not to communicate to third parties his password, his secret key (customer ID and Security Pin) or any other means allowing access to his account and not to adopt any other behavior, active or passive, of a kind to compromise the security of his account. In case of lost or forgotten password, Clickcool will generate and send a new password by registered mail to the address of the user. This password can be modified by the user as soon as it is first connected;
7. Do not transfer your account without first obtaining written authorization from Clickcool. In case of non-compliance with this clause, Clickcool incurs no liability;
8. not obtain or solicit information about users or the data they publish;
9. do not access Clickcool using automated methods such as robots, spiders without prior authorization from Clickcool;
10. do not set up a hierarchical or pyramid structure on Clickcool, especially for commercial purposes or incorporate its Clickcool account in such a model;
11. do not download viruses, worms, trojans or other malicious code or elements;
12. do not request login information and access an account belonging to another user;
13. not harass or harm other users or third parties in any form through their account or the services offered by Clickcool;
14. not to publish information contrary to laws and regulations, including incitement to hatred, violence, violation of duties imposed by law, to undermine public safety or security of the person State or constitutive representations of violence, pornographic, containing nudity, or constituting threats or coercion;
15. not use their account or Clickcool services for the purpose of illegal, malicious or discriminatory activity;
16. not develop or operate applications containing or promoting alcoholic beverages, tobacco products or erotic products without age restriction;
17. do not offer contests, sweepstakes, sweepstakes or other competitions without the prior written permission of Clickcool. In case of acceptance, the user must comply with the legal and regulatory provisions applicable in his country of residence as well as conditions set by Clickcool. Clickcool is not liable in this context;
18. not act in such a manner as to disable, disrupt or interfere with the operation of Clickcool's services or cause a risk of disruption of its services such as e-bombing or denial of service or incite or promote such behavior. the share of other users or third parties;
19. not to provide access to the public to information protected by intellectual property rights, protection of distinctive signs, trademarks and designs or unfair competition provisions. Clickcool is not responsible for this.

Clickcool strives to offer its services as reliably as possible to users, but assumes no responsibility for technical problems, especially those related to hosting, providing access, networks electronic communications or electricity supply.

Clickcool assumes no warranty as to the lawful use of its services or applications by users or advertisers, or, subject to any contrary provisions of these terms and conditions, for defects in products and services acquired through or via Clickcool.

Clickcool assumes no responsibility for the illegality of the information inserted on the spaces made available to the users / advertisers, passing through them or the services or applications of Clickcool.

Clickcool assumes no responsibility for any damage suffered by third parties due to misuse of Clickcool, including in case of storage, dissemination or propagation of information constituting criminal offenses, personality, infringement of intellectual property rights, protection of distinctive signs, trademarks and designs or provisions relating to unfair competition or in the event of disruption or unavailability of Clickcool, its services or its applications.

The exclusions of warranty and liability above and contained in the specific provisions of these terms and conditions apply to all natural persons or legal entities in the name or on behalf of Clickcool, or in particular its employees , the members of its management, the members of its board of directors and its legal or contractual representatives.

5.1 Online Support

Clickcool, offers full support (advice, etc.) within 24 hours in chronological order of requests (tickets).

5.2. Special provisions

5.2.1 Security

Clickcool strives to provide the safest possible services, but can not guarantee absolute security. The user assumes under his sole responsibility the use of the services and services offered by Clickcool, in particular the contents, information and data that he inserts, downloads or makes available for download. Clickcool assumes no responsibility for the elements, in particular when they constitute criminal offenses, attacks on the personality, infringement of intellectual property rights, protection of distinctive signs, trademarks and designs. Unfair Competition Provisions (hereinafter intellectual property and related rights).

5.2.2 Setup

By default, the content inserted by the user for example the date of birth is not visible to other users.

5.2.3 Scalability

The services provided by Clickcool are constantly evolving and, therefore, subject to change without notice. Clickcool reserves the right, at any time and without notice:

• permanently or temporarily interrupt secondary services, features or services;
• to impose usage and storage limits at its sole discretion;

6.1 Confidentiality Guarantee

Any information provided by the user to Clickcool (data, content: photos, videos, files, etc.) is considered confidential and belongs to the only beneficiaries. Clickcool agrees not to transfer these elements to third parties, especially for commercial purposes. Are reserved cases of requisition of an administrative or judicial authority within the limits of legislation or regulations (see also our Privacy Policy). By using the services of Clickcool, the user authorizes it to collect the aforementioned information, which includes the transfer of these elements to Switzerland, France or to other countries, especially for storage purposes. Clickcool may be required to make press releases, such as Service announcements and administrative messages. These bulletins are considered part of the services included in the Clickcool account and as such may be required.

6.2 Mastery guarantee

All the information inserted or published in the Clickcool services by the user belongs to him. The latter retains all the rights relating thereto provided that it is the legitimate holder.

6.3 Deleting information

The user can delete his account at any time and without notice or information contained therein. Deleted items are permanently deleted. They can not therefore be recovered. Clickcool incurs no liability in this regard, even in case of user error. Clickcool reserves the right to maintain a backup point for a period of three weeks for technical reasons, including for review of the user's compliance with the terms of use. The deadlines stipulated by the legislation and the regulation of the pay in which is hosted the site or the services of Clickcool are reserved. Clickcool reserves the right to transmit information to the administrative and judicial authorities when required by them. Clickcool incurs no responsibility for the transmission of this information, particularly in the event that the transmission of information to the aforementioned authorities results in the opening of a procedure or a conviction of the user. After the aforementioned times, the information and the save point will be deleted by the Clickcool cleaning system.

6.4 Sharing User Content and Information

The content and information that the user publishes on Clickcool belong to him, subject to the rights of third parties. The user is solely responsible for any violation of these rights, Clickcool incurs no responsibility for this. Clickcool agrees not to use the user's data for advertising purposes, but reserves the right to use it to inform the user about elements related to the site and its services, including news, maintenance and recall of safety instructions. Also reserved are communications made necessary as a result of violation of these general conditions or on the requisition of an administrative or judicial authority. When the user publishes content or information by activating the « Everyone has the effect that it allows all other users and third parties to view this information. In principle, the persons not having the quality of user within the meaning of the present general conditions can not access the aforementioned information. Activation of the aforementioned parameter setting implies acceptance of this clause. In case of deletion of information, Article 2.4.3 of these general conditions is applicable.

Clickcool pays particular attention to the respect of the rights of third parties, especially in intellectual property and related rights and expects the same from the user. Clickcool provides the user with tools for the protection of intellectual property rights (see the page "How to report infringements of intellectual property rights?").

The user must not:

1. store, publish, propagate or otherwise distribute any content and will not perform anything on Clickcool that may infringe the rights of others or any applicable laws;
2. do not use, or may cause confusion with, the marks, designs or other distinctive features of Clickcool without the prior written permission of Clickcool or third parties;

In case of violation of this clause, Clickcool incurs no responsibility and reserves the right to withdraw the information in question or to block access, to report the case to the competent administrative and judicial authorities. When the user considers the withdrawal or blocking unjustified, he has the opportunity to submit a complaint to Clickcool. Clickcool will not enter into question when an administrative or judicial procedure is opened against the user concerning the withdrawn or blocked information and as long as no final and binding decision of classification or acquittal has been made. In case of obtaining information from other users, the user must:

1. obtain the agreement of the users concerned before any collection and transmission or dissemination;
2. clearly and unequivocally state that it is the user who collects, processes and transmits and disseminates this information and publishes a privacy policy that sets out the information collected
3. comply with the laws and regulations relating to intellectual property and related rights and the protection of personal data;
4. not to publish official documents, secreted according to the legislation or regulations in force or held as such by the persons concerned, or information, in particular financial or intimate information, that may infringe the rights of the personality people concerned;

In case of breach of these duties, the foregoing clause regarding infringement of intellectual property rights and related rights is applicable by analogy.

 

8.1. Publication of an Ad

The user or the advertiser may publish his advertisement free of charge according to the conditions indicated on the application form corresponding to the desired category and determining, in particular, whether it is paid or free, the number of photos etc., and the broadcast time is 30 days.

The user or the advertiser is informed that for reasons of control and quality, the posting of an Ad on the Clickcool Site will not be instantaneous with its validation. Only the account that has subscribed a paid subscription, or subscribed an option privileges their ads are published instantaneously. All paid services automatically canceled the moderation of the ad. Advertisements relating to the transfer of dogs and / or cats for sale must comply with the relevant legislation in the country of residence of the user or the advertiser.

8.1.2 Please respect

The location of the ads to be published on Clickcool sites must match the products, services, services and options chosen. The user or advertiser is solely responsible for the design and content of its ads sent to Clickcool for publication on the site.

Clickcool reserves the right to refuse the publication of any advertisement submitted for publication due to its source, technical format, quality or if ClickCool believes that the content of the ad does not respect these General Terms and Conditions.

8.2. Broadcasting an Announcement

8.2.1. Broadcast rules

8.2.1.1. General Distribution Rules

In addition to these provisions, the user or the advertiser undertakes to respect the provisions of the GTC and the Quality Charter.

The ad published on the Clickcool Site may also be distributed, free of charge, on any electronic communications service offered by the Clickcool Company, including websites operated by the Partners, and possibly, if they exist, any application for telephone the mobile phone and / or touchpad of the Company as well as the pages of the users' social networks (accessible via any electronic communication network and any fixed or mobile receiving terminal used).

Advertisements published on the Clickcool Site are accessible for 30 days (30) days from their posting unless the user or the advertiser withdraws it from their Customer Account or withdraws by Clickcool . With regard to categories « Catering, Hotels, Holidays » ;, they are accessible only with subscription.

8.2.1.2. Announcement and respect of the legislation in force and the rights of third parties

The Advertiser expressly warrants to make his personal business of obtaining all the rights and authorizations necessary for the publication of any Announcement and in particular the rights of intellectual property.

The Announcer acting as an Association guarantees to hold the status of a non-profit association and not to act in the context of a commercial activity. Otherwise, the Announcer is liable. The Advertiser warrants that the Ad does not violate any applicable standards and / or regulations (including ownership, advertising, competition, sales promotion, use of personal data), or any rights of third parties (including property rights, intellectual property rights and personality rights), the Quality Charter and that it does not contain any message that is defamatory or harmful to third parties.

Thus, the Announcer undertakes in particular that his Announcement:

• does not provide access via hypertext links to websites whose content is contrary to the laws or regulations in force;
• does not present false, misleading or misleading information or material that is defamatory, infringing or likely to harm the interests or image of Clickcool.

In this context, the Advertiser declares and acknowledges that it is solely responsible for the content of the Advertisements it publishes and makes available to other Users, as well as any document or information it transmits to Users.

The Advertiser assumes full editorial responsibility for the content of the Advertisements it publishes. It thus guarantees the Clickcool Company against any conviction that may be pronounced against it by this fact and expressly releases Clickcool from any liability that it may incur under the terms of the article liability.

8.2.1.3. Assignment of Ads Rights

By publishing any Announcement on the Website, each Advertiser: - grants to the Company, free of charge, a limited license to use, delete, add, perform or publicly represent, reproduce and distribute the (s) Announcement (s) that it stores, transmit to Partners or put on line or allow the putting on line, on the services of electronic communications, in order to make them accessible (s), and this, in some form that and whatever the method of dissemination of the Advertisements on said electronic communications services;

• The advertiser acknowledges that Clickcool will be able to reference all or part of the Ad in order to facilitate its management, storage and access. In addition, given the interactive and evolving nature of the Internet, each Advertiser agrees that its Announcement (s) may be presented in different contexts, associated with other Announcements, subject to partial exploitation, and declares to accept it without restriction or reservation. Each Advertiser accepts that the storage of Ads involves the compression and automatic encoding of Ads and that these operations can sometimes intrinsically cause any degradation of image quality. As a result, each Advertiser accepts and assumes full responsibility, especially with respect to all third parties. Clickcool will nevertheless provide its best efforts to ensure optimal quality of the ads;
• grants Clickcool, and the Partners, the right to use, reproduce, publish and distribute the Ads it has decided to store, transmit or upload on electronic communications services;
• expressly acknowledges and accepts that Clickcool, the Partner, will be able to transform and adapt the Announcements, reduce them, enlarge them, crop them, colorize them, for the purposes in particular of the putting on line and the exploitation of the Ads on the supports or electronic communications services, without this being an editorial intervention;
• The license is granted free of charge and not exclusive, for the territory of diffusion of the Ads and for the duration of diffusion of the Ads.

The Advertiser expressly agrees that its Announcement may be accessible, reproduced and represented by the Users of the Site and, in particular, on the personal pages of the Users' social networks and is also the subject of comments by the users of these networks. social. Clickcool is not responsible for published comments, especially in the case of abusive and defamatory comments. Clickcool will never be recognized as responsible for the operation of an Ad by a User.

8.2.2. Withdrawal – suspension of Ads

Clickcool reserves the right to delete, without prior notice or information or advance notification, neither indemnity nor right to refund, all or part of an Ad that would be in particular non compliant with the provisions of these Terms and Conditions and / or the Charter of quality and / or which would be likely to infringe or to infringe the rights of a third party or the Clickcool Company.

Clickcool may refuse or suspend any broadcast, especially in the case of technical impossibility linked to uploading to the server, or to the interruption of electronic and / or electrical communications networks.

8.2.3. Abuse Notification – Request from the judicial authorities

The Company reserves the right to remove Content or Ads that a User has identified as being unlawful or clearly illegal under the Trust for the Digital Economy Act of June 21, 2004.

The Advertiser is advised that, at the request of a judicial authority, the Company will provide all information enabling or facilitating the identification of the Advertiser that it may hold, such as, in particular, the IP address and the connection time.

9.1. Validity of the content of the ad

All elements and data of the Ad served by the User / Advertiser or submitted by the Advertiser to Clickcool are deemed to have been designed and written by the Advertiser or the User.

The Advertiser / User assumes full editorial responsibility for the content of the Ad that he / she posts on the Clickcool site. As such, the Advertiser undertakes that the Announcement does not present information false, misleading or misleading or defamatory, or counterfeit or likely to harm the interests or image of the Company.

The Advertiser / User expressly warrants to make his personal business of obtaining all the rights and authorizations necessary for the publication of any Announcement and in particular the rights of intellectual property.

Clickcool is not responsible for the loss or damage of the documents sent by the Advertiser.

The Advertiser // User warrants that the Ad does not violate any applicable standards and / or regulations (including those relating to advertising, competition, sales promotion, personal data) or the rules Clickcool's drafting and distribution (in particular the Quality Charter available on the Clickcool Site) and that it contains no defamatory, abusive or damaging message towards third parties or the Company.

The Advertiser / User agrees that the Ad does not grant access via hypertext links to websites whose content is contrary to the regulations in force or to competing sites of the Company ( sites that include ad serving) or that would damage Clickcool's brand image or reputation.

Clickcool reserves the right to refuse to insert and / or delete, without prior notice or information or advance notification, neither indemnity nor right to refund any Announcement that would be in particular non compliant with the norms and regulations in force, with the provisions of the present GTC, Clickcool's drafting and distribution rules, and / or which could violate the rights or infringe the rights of a third party or the Clickcool Company and / or its Partners. The Advertiser will not be able to claim any compensation in this respect.

In the event that Clickcool would be held liable because of an item thus placed under the responsibility of the Advertiser, or more generally because of an action or omission of the Advertiser / User, the latter must guarantee and indemnify the Clickcool Company for all the resulting financial consequences, in addition to any damages that may be claimed by Clickcool.

9.2. Content License

By broadcasting any Ad, the Advertiser:

• Grants Clickcool and its Partners a limited license to store, use, publish, distribute and reproduce all or part of the Ad and its distinctive signs (trademarks, logos, trade names) for the purpose of make available, in any form and manner of dissemination whatsoever and in particular on the Site, the Supports and any advertising made by Clickcool. The use of the content of an Ad by Clickcool and / or the Partner may not be subject to any additional discount or remuneration to the Advertiser / User.
• Acknowledges and expressly agrees that Clickcool and / or its Partners will be able to transform, adapt, reduce, enlarge, reframe, colorize the Ad especially for distribution purposes and, without this being an editorial intervention. Neither can this be a cause for cancellation or interruption of the current Order, nor may it be compensable in favor of the Advertiser.

The license is granted for free and not exclusive, for the whole world and for the duration of diffusion of the Announcement (including during a duration of archiving), whatever the Support.

In addition, the Advertiser grants to Clickcool and its Partners, free of charge, the right to store, use, publish, distribute and / or reproduce all or part of the comments and opinions posted by the Advertiser on the Website.

 

10.1 Price

The applicable rates are those in force on the day of the Order. They are indicated on the Clickcool Site or in the Customer Area. The Clickcool Company reserves the right to modify its rates at any time.

Prices are exclusive of taxes and any taxes or fees newly created for Professional Advertisers and all taxes included for Private Advertisers. They can be revised each end of year « December 30th »

10.2 Risks and Profits

The user / advertiser / seller assumes the risks and profits related to the products and services upon confirmation of the order of his shop.

10.3 Payments

Payments made by bank transfer or online at the Banque Populaire in France or payment by credit, they imply compliance with the terms and conditions of payment. If the user clears the Clickcool account, his credit will also be deleted and no refund will be made. Clickcool incurs no liability for the loss of any credit whatsoever. No amount converted into credits will be refunded in legal tender.

10.4. Billing of privilege options and Subscriptions subscribed.

In the event of non-compliance with the payment terms of the Privileges and / or Subscriptions Options or in general terms and conditions of the GTC, GTC or other contractual or legal provision, Clickcool reserves the right to suspend or terminate, without formalities. , notice, or indemnity, any Advertisements broadcast and / or any Subscription in progress. The Advertiser is then liable for the amount of the Privilege Options or the Subscription in their entirety until their respective term.

The Clickcool Company issues a proof of payment automatically after the subscription of the option privileges or the Subscription concerned.

 

11.1 Shared Links

When the user uses hyperlink sharing capabilities (sharing button), Clickcool can grant him permission to use a Clickcool link sharing button to allow users to post information about their site on Clickcool. This permission is subject to the following cumulative conditions:

• the user must allow Clickcool to access these links and allow other users to use the links and information to which they refer on Clickcool;
• the user must not place a link sharing button on a page containing information constituting a violation of legal or regulatory provisions or these terms and conditions.

12.1 Inserting and serving announcements with advertising elements

• Clickcool offers features for advertising insertion to advantage for advertisers and users. The user can use his privacy settings to limit the way in which his identification data (name, surname, company name, civil status, etc.) and his profile picture can be associated with commercial information, sponsored information (sponsored) or other content (eg a brand that the user indicates enjoy) disseminated by Clickcool. For this purpose, the user must give Clickcool the authorization to use the aforementioned elements of his profile in association with this information and, in this context, may establish limits. Clickcool does not transmit any information about the user to advertisers without prior authorization from the advertiser. Clickcool assumes no obligation to identify any chargeable nature of communications, information and services offered by advertisers.
• Mistakes or omissions in the content of the Ad or the poor quality of reproduction of the photos and / or documents provided by the Advertiser can not justify the lack of payment of the prize or give right to any compensation or entitlement a distribution at Clickcool's expense or compensation in any form whatsoever. For any error or omission in the composition and / or presentation of an Ad attributable to the Company and duly proven by the Advertiser, the Advertiser shall be entitled, as an indemnity, only to the rebroadcast of the 'Ad. In the event of Clickcool's fault of any kind, Clickcool's liability shall be expressly limited to the repair of the material damage directly caused to the Advertiser to the exclusion of any other damage. In addition, and in all cases where the law permits such limitation, Clickcool's liability in the performance of an Order is expressly limited to the price actually paid by the Advertiser as such.
• The Advertiser is warned and expressly agrees that its Announcement may be accessible, reproduced, disseminated and commented by the users of the Site, in particular on the personal pages of their social networks. The Company is not responsible for published comments, particularly in the case of comments that are offensive or defamatory or contrary to the interests of the Advertiser. No claim relating to the commercial benefits or the environment of the insertion of the advertisement can be taken into account.

12.2 Special conditions for advertisers

Clickcool offers the business user (hereinafter: the advertiser) the ability to target their customers or prospects by buying ads on the Clickcool site or on the Clickbuzz publishing network. The following additional terms apply if the advertiser places an order (« order ») through the Clickcool Online Advertising Portal:

• When the advertiser places an order, he must communicate the type of advertising he wants to buy, the amount to be spent and his offer. In the event of acceptance of the order, Clickcool diffuses the advertisement in the order of arrivals of the requests and according to the availabilities in terms of space on the site and flow of the stock. When advertising an ad, Clickcool strives to present it to the relevant target audience, but assumes no warranty in this regard;
• when Clickcool believes that a change could improve the effectiveness of advertiser advertising, Clickcool can extend the targeting criteria;
• The advertiser must pay the order amount in accordance with the payment terms. The amount due will be calculated on the basis of monitoring mechanisms;
• Advertisers' ads must comply with Clickcool's content terms and special terms and conditions of advertising;
• Clickcool decides the size, location and position of the ads;
• Clickcool does not assume any warranties about the activity that the ads will serve, for example how many clicks they will receive;
• Clickcool implements systems designed to detect and filter certain suspicious activities. Clickcool has no control over how users interact with advertisements and no liability for click fraud or other actions that may affect the cost of running ads;
• the advertiser can cancel their order at any time. It is, however, made aware that 24 hours may elapse before the actual stoppage of advertisements. The costs are the responsibility of the advertiser;
• the commercial license expires after the command is executed. However, if users or third parties have interacted with the advertisements, including copying them, they may remain visible until users delete them;
• Clickcool reserves the right to use advertisements, their content and related information for marketing or promotional purposes;
• Clickcool reserves the right to refuse or withdraw any advertisement, without having to justify it;
• If the advertiser is advertising on behalf of a sponsor, Clickcool must ensure that the advertiser is duly authorized. The advertiser ensures to be duly authorized to accept this clause in the name and on behalf of its principal and assumes all responsibility in case of non-compliance by the principal of the legal and regulatory provisions and these general conditions.

Users / advertisers who operates the e-commerce / hotel / restaurant reservation in particular, they pledge to:

• do not sell or otherwise assign or disclose the data of the persons provided to them when ordering or booking or any user who uses Clickcool;
• do not use people's data for commercial purposes, « like doing mailing companions, newsletters etc .. » except with the prior written consent of them.

Clickcool Corporation uses all industry standard practices and implements stringent security procedures to prevent unauthorized access and to comply with applicable privacy legislation.

All personal information provided is stored on secure servers of the technical provider.

Secure servers encode all Personal Data entered before it is sent to the Company. The servers of our technical service providers are located in France in Paris.

The password that allows the Advertiser or the User to login to their Account, and to use certain services, serves to protect their Personal Data. The Advertiser or the User is required to keep this password confidential and never to share or communicate his password to anyone.

The Advertiser or the User is responsible for any use of the Clickcool Site and the associated Services by any person using his Account ID and password. The Advertiser or the User must contact the Company immediately if there is reason to believe that his Account ID and password have been misused. As a precautionary measure, it is advisable for the Advertiser and the User to close their Account at the end of each session.

13.1 Personal data collected

Personal Data refers to all the information you provide us directly, including when you register on the Website to open an Account or to post an Ad or indirectly by browsing the Site.

The Personal Data collected on the Clickcool Site relates to the identification information, recorded directly at the time of registration for the opening of an Account by a User or Advertiser, such as, but not limited to, the surname, first name, civility, age, sex, date of birth, address, telephone number, email address, socio-professional category of the User or Advertiser.

Some information may be optional. The credentials registered by Advertisers and / or Users are available on the « Your profile » accessible from their Client Account.

Clickcool does not retain the Bank Data that the User or Advertiser may enter when using a Paid Service. For the processing of payment transactions, Clickcool Company uses the services of a service provider « Banque Populaire in France, Bank Desjardins in Canada, UBS Bank in Switzerland » providing, on its behalf, a commercial credit card transaction management service managed on their secure servers.

The electronic identification data makes it possible to recognize the Advertiser or the User indirectly during his connections on the Site, such as, for example, his IP address, or the pages viewed on the Site. These data are not nominative. They do not, on their own, identify the Advertiser or the User.

Location data, such as the IP address, postal code, or city of the Advertiser or User, to indicate the geographical position of its connection terminal and which are collected by means of a cookie. This data enables us to provide the Advertiser or the User with geographically personalized services related to a particular territorial area, particularly for the consultation of the Ads and the consultation of local information.

Clickcool can thus collect Personal Data for its directory when an Advertiser or a User:

• create his Account;
• use his Services;
• address a claim, a request for information;

13.2. Personal Data entered by Advertisers or Users

The user / advertiser is solely responsible for the data they communicate.

The User or Advertiser agrees to:

• provide accurate and complete identification information and undertake to update them regularly.
• The Advertiser and / or the User may update their credentials at any time.
• choose an identifier (e-mail address) and a password that will allow you to access the Services and, in particular, to post Announcements.
• not to use an email address infringing the rights of third parties and, more particularly, the right of the name, the right of the marks, the right of author, the neighboring rights or, more generally contrary to the regulation in force, public order and morality. Otherwise, Clickcool reserves the right to refuse any denominations, terms, words and other that would be contrary to these principles, without having to give the reason.

 

14.1 Personal data may be used as follows:

• to evaluate and improve the quality of the Services;
• for publishing and managing Online Announcements;
• to connect the user and the advertiser;
• to provide the Services made available on the Site;
• to comply with applicable laws and regulations.
• for registering, maintaining and authenticating the Account;
• to establish anonymous statistics relating to the use of the Site;
• to track invoices and the accounting of the Services;
• to allow to participate in Clickcool surveys (particularly of satisfaction);
• to provide personalized services (Emails alert, follow-up of announcements, sales, purchases, communication of local ads according to geographical location ...);
• to receive newsletters, commercial offers from Clickcool, its subsidiaries or those of its Partners, subject to the consent of the User or the Advertiser;
• to allow you to receive offers for products and services similar to the Service used;
• to avoid any violation of the T & Cs by the User or the Advertiser or by someone related to it, and to reinforce the security measures;

14.2. Sharing personal data with third parties:

Subject to the consent of Advertiser or User, its Personal Data may be subject to a lease agreement between the Company and its selected Business Partners in whom the Company trusts. Business Partners may use Personal Data to provide the Advertiser or the User with content that may be of interest to them. Except with the consent of the Advertiser or the User, they are not authorized to share or sell your personal information to anyone.

The Advertiser or the User is informed that the Company may be required to provide Personal Data:

• its technical service providers for (i) hosting the Personal Data, registering and maintaining the Accounts, (ii) helping to provide the Services and (iii) managing the customer relationship. These service providers are required to respect the confidentiality of the Personal Data and do not have the possibility to use the Personal Data for a purpose other than that for which the Company provides them;
• to the authorized administrative authorities in case of offense or violation of the TOS or when the communication of Personal Data is required by law;
• to the Partners of the Company.

14.3. Disclosure of Personal Data in the Announcement by the Advertiser

Advertisements, published on the Clickcool Site, are freely available to Users and may be automatically indexed by a search engine. Any disclosure of Personal Data in the Announcement exposes the Advertiser to receive unsolicited messages, and is under its sole responsibility.

The Advertiser undertakes never to disclose personal information about others without their express consent.

14.4. Specific Provisions for Messaging

In accordance with the applicable legislation, messages exchanged between Users and Advertisers are private correspondence and confidential, Clickcool acting exclusively as the host of the Messaging. The messages exchanged are not controlled by Clickcool.

The user / advertiser can decide to sell the products via the e-commerce module, operate and offer its reservation services in the following hotel and restaurant sectors. Product sales / reservations are not subject to commissions or booking fees

15.1 Litigation

Clickcool assumes no responsibility for the case where the advertiser / user / seller / and its customers conflict or if one of them has not respected the conditions applicable to Clickcool. At the request of one of the parties to the dispute, Clickcool may offer its good offices to find an amicable solution to the dispute.

Clickcool reserves the right to cancel, suspend or delete the advertiser / user / seller account, which does not comply with these terms.

 

16.1 A priori control

Any request for advertising must be sent to Clickcool administration in writing or by email.

Clickcool performs an ad control. Only those who respect these conditions are selected. Clickcool can refuse or postpone the publication of advertisements when they do not respect the present conditions:

• there is no more space available on the space dedicated to this activity;
• the advertiser does not pay the fees;
• There are technical reasons that prevent a broadcast or insertion on the dedicated space of good quality.

Clickcool assumes no responsibility for refusal or postponement of advertising (advertising).

16.2 Prohibitions

Clickcool refuses all advertisements (advertising) with violent, pornographic, discriminatory or racist content, calling for behaviors likely to harm public interests, including peace, tranquility, public order and security, or private , or to commit or tolerate offenses, constituting infringements of intellectual property or unfair competition. Clickcool reserves the right to report to the relevant authorities the offenses found in the advertised advertisements.

The Company may freely use the advertiser's reference (including the advertiser's trademark (s) and / or logo (s)) as a commercial reference, which the Advertiser agrees to. subscription of the Order unless sent by the latter a registered letter with acknowledgment of receipt requesting the non-use for the future of his quality of client.

 

18.1. The contents of Partners

The Company has no ownership of the Content that the Partners publish on the pages of the Site, through or in connection with the Services. After being put online, the Partners retain all the rights they may have on such Content, subject to the limited license they grant to the Company.

 

19.1 Litigation

For any disputes that may arise from these terms and conditions and the relationship between parties, especially the user or the advertiser, on the one hand, and Clickcool, on the other, the parties endeavor to find first place an amicable solution. Clickcool can open a dispute center.

When this feature is created, the user or advertiser will use it first. For the rest, the country law or the company Clickcool is applicable and only its authorities are competent. The jurisdiction of the Tribunal of its countries, in cases provided for by law, is reserved. Legal proceedings against Clickcool leading to a classification, acquittal or conviction of the plaintiff, the informant, the adverse party or a third party may give rise to compensation for the benefit of Clickcool from the user or advertiser who initiated the procedure. Compensation includes the costs, emoluments and disbursements of legal or administrative costs, attorneys' fees or advice and other amounts relating to property damage.

19.2 Versions

The present general conditions are enacted in French version which constitutes the original version. They can be translated into other languages. Only the French text is authentic.

19.3 Entry into force and application over time

These general conditions come into effect on August 1st. Contracts entered into before that date are governed by the terms and conditions or the specific agreements relating thereto and by Swiss, Canadian, French or Romanian law where its companies are registered. Clickcool reserves the right to modify these terms and conditions at any time without notice. In case of modification of the present general conditions, the rules applicable are those in force at the time of the conclusion of the contract.