These terms and conditions are intended to govern the relationship between Clickcool and anyone using the services offered by it (hereinafter: the user / advertiser). If you have any other questions whose answers you do not find in the following conditions, please contact us. &Laquo; Click here »
For the purposes of these general conditions, the following terms mean:
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.
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.
Access to Clickcool services and benefits is subject to the fulfillment of the following cumulative conditions:
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) ».
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.
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:
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.
Clickcool, offers full support (advice, etc.) within 24 hours in chronological order of requests (tickets).
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:
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.
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.
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.
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:
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:
In case of breach of these duties, the foregoing clause regarding infringement of intellectual property rights and related rights is applicable by analogy.
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.
8.2.1. 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:
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 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.
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.
By broadcasting any Ad, 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.
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 »
The user / advertiser / seller assumes the risks and profits related to the products and services upon confirmation of the order of his shop.
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.
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.
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:
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:
Users / advertisers who operates the e-commerce / hotel / restaurant reservation in particular, they pledge to:
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.
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:
The user / advertiser is solely responsible for the data they communicate.
The User or Advertiser agrees to:
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:
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.
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
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.
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:
Clickcool assumes no responsibility for refusal or postponement of advertising (advertising).
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.
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.
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.
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.
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.