Terms of Service
Warning - disclaimer
Please read these General Conditions of Use carefully before using the services offered by the company WE LINK (hereinafter the “ Company ”) on the website accessible at the address http://www.katchr.uk/ ( hereinafter the " Website ") which offers access to and consultation of a professional directory listing professionals in the field of advertising and / or communication.
These General Conditions of Use (hereinafter the " T & Cs ") define the conditions and legal obligations related to the use of the Website.
Any use and / or recourse to the services offered by the Company to users imply the unconditional acceptance of these general conditions. The mere fact of using said services entails the pure and simple acceptance of these general conditions, which the user of the Website expressly declares and acknowledges.
The Website is in no way an official website of the Professional Advertising Regulatory Authority. The Website is private and separate from any official body / administration.
The Company is a simple technical intermediary within the meaning of article 6-1-2 of the law for confidence in the digital economy of June 21, 2004.
1.object - validation - acceptance
These General Conditions of Use define, on the one hand, the legal framework for use by users of the Website (hereinafter referred to as “ Users ”), the services offered by the Company on the Website, as well as the relations that can be established between them on the Website, these with the rights which are recognized to them, but also with the founded duties, independently of what is referred to herein.
The use and / or recourse to the Service offered by the Company to the User implies his unreserved acceptance of these T & Cs. The mere fact of using the Service entails the pure and simple acceptance of these T & Cs.
It is specified as necessary, that the User can save or print these T & Cs, provided however that they do not modify them.
The version of the T & Cs available online on the Site will prevail, where applicable, over any other version hereof, with the exception of modifications that may have occurred subsequent to its use of the Services, in accordance with common law.
These T & Cs may be supplemented, if necessary, by the Special Conditions for the Provision of Services (hereinafter the "CPPS") which together form a single and inseparable contract. In case of conflict, the CPPS will prevail.
A copy of these T & Cs will be sent in PDF format, by email, to the user, in their version in force at the time of their acceptance.
2. entry into force - duration
These T & Cs are applicable for the entire duration of the User's browsing and access to the Website and for the entire duration of use of the Service by him.
The User is informed that the T & Cs may be updated at any time under the conditions of article 14 hereof.
These T & Cs were updated on October 6, 2020.
Subsequent modifications to these T & Cs will be enforceable against Users from their posting.
3.Checking the adequacy of needs for services
The User hereby declares that he has previously verified the suitability of the Website Services for his needs.
He thus declares and guarantees that he has received from the Company all the information and advice that was necessary for him to subscribe to these T & Cs and that he consequently waives any dispute on this point.
In this extension, the User acknowledges having been informed that the Company is only a technical service provider offering via the Website a platform for connecting Professionals (defined below) and Users (defined below).
It is therefore up to the User to verify that the Services offered on the Website are suitable for his needs.
The User also declares that he has the knowledge, skills and resources, in particular human and technical, required for the use of the services of said platform.
In these T & Cs, it is agreed that the following expressions or words, whether used in the singular or in the plural, will have the following meaning:
- " Article ": designates any article of these General Conditions of Use.
- “ Personal data charter ”: refers to the Company's personal data charter, established specifically for the needs of the Services provided by the Company, forming an integral part of these T & Cs.
- "Contact form " : form accessible on the Website in which the User indicates his contact details (first name, last name, email, phone) and writes his request allowing him to contact a Professional.
- “Professional” : refers to any natural or legal person who uses the Company's Services for the purpose of being listed on the Website and has a Profile published on said Website.
- "Profile" : refers to the file dedicated to the Professional, accessible on the Website, on which his contact details, the services he offers and all information relating to his professional activity are detailed.
- "Service" : refers to the service for putting the Professional and the User in touch with the Company offered by the Company via the Website.
- "User" : designates any natural person who browses the Website and / or uses the services provided on the Website by looking for a Professional adapted to his needs, thanks to the Website search module giving him access to Professional Profiles, to purposes to get in touch with them.
5.description of the service
Browsing the Website is free and open.
The User can access the various Professional Profiles listed on the Website as follows:
- Step 1 : find the Professional
The User can search for a Professional using the website search engine giving him access to the various Profiles of the referenced Professionals.
- Step 2 : selection of the Professional
The User selects the Profile of the Professional that he wishes to solicit from among those offered, containing the description of his practice and his activity, his price lists, his payment methods.
- Step 3 : call or message to the Professional
The User who wishes to get in touch with the Professional has the option of calling the Professional directly and / or sending him a message via the Contact Form on the Website, specifying his request.
6.general user behavior
The User acknowledges that the transmission of content via the Contact Form takes place immediately and without the Company exercising any control or prior validation on the content sent, in particular in view of the requirements of confidentiality imposed by professional ethics.
Consequently, it will automatically be sent to the Professional in a private manner without the Company being required to exercise any control or any moderation / validation prior to its sending.
In this regard, the User is solely responsible for checking the accuracy and legality of the content he sends.
The User undertakes not to disseminate via this Contact Form as part of its content any malicious, denigrating, deliberately misleading, illicit and / or contrary to good morals and respect for private life and freedom of information information. worship.
7.1 intellectual property rights of the company
7.1.1 The Company is the exclusive owner of the intellectual rights on the Website and in particular of all texts, comments, works, illustrations, videos and images, whether visual or audio, published and reproduced by it on the Website as well as the databases of which it is the producer, with the exception of the content that the User sends through the Contact Form and of which he is the exclusive owner.
All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database rights and image rights, for the whole world.
These creations are the full and entire property of the Company.
However, the Company grants a license to reproduce and display the Website, but only and strictly for personal use in the context of viewing this Website and using the Service.
However, this license excludes the right for the User to modify, copy, translate, distribute, publish, transmit, distribute, produce, display or assign the rights on and through the Website.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of this code is authorized.
Any other use constitutes an infringement and is punishable under Intellectual Property without the prior authorization of the Company.
As a reminder, placing a hypertext link to the Website, using the technique known as framing or deeplinking or inlinelinking, is strictly prohibited.
Any form of total or partial copying, extraction and reproduction of the database produced and used by the Company on the Website is strictly prohibited without its prior written consent.
7.1.2 The Company integrates API modules such as Googlemap, Twitter, LinkedIn and Facebook, developed by third-party companies whose use is regulated through licenses.
7.2 user's intellectual property
7.2.1 The User remains the sole owner of the rights attached to the content they intend to transmit and disseminate through the Contact Form and remains solely responsible for them.
7.2.2 The User is prohibited from sending via this Contact Form internet links referring to pages hosting and / or reproducing content contrary to the provisions of these T & Cs.
8.informatics and freedoms - personal data
The Service is provided as is. The Company does not guarantee an error-free, uninterrupted and secure supply of the Service offered online on the Website.
It is only bound by any obligation of personalized assistance, notably technical.
It disclaims any express or implied guarantee, in particular concerning the quality and the compatibility of the Site for the use that the User will make of it.
It does not guarantee any result or benefit in the use that will be made of the Service offered through the Website and even more of the services offered by the Professionals listed on the Website.
It also does not guarantee that the files transmitted by the User cannot be accessed by unauthorized third parties or be corrupted or downloaded, nor that the information and data circulating on the Internet are protected. against such attacks or possible diversions. It therefore does not guarantee the confidentiality of messages sent via the Site to Professionals.
10.1 The Company hosts content on the Website that the User transmits via the Contact Form. The Company thus acts only as a technical intermediary.
Thus, the Company cannot be held responsible for the content that the User sends via this Contact Form and which violates the provisions of these T & Cs and the law applicable herein.
If the User transmits via this Contact Form content in violation of said provisions, he will be held solely responsible for this violation to the full exclusion of the Company. The Company's liability towards third parties can only be engaged after having been notified of the illegal nature of the content transmitted via the Contact Form by a User.
This is what will lead the Company, upon simple notification to it, about the content that would be contrary to the provisions hereof and which is therefore either prohibited or infringing on human rights and intellectual property, to proceed with its sole head and by authority to the withdrawal of the corresponding files.
10.2 The Company's liability towards the User can only be incurred in the event of non-performance of its commitments resulting from the T & Cs.
The User is fully informed of the simple role of intermediary of the Company which cannot be responsible for the services offered directly to Users by Professionals with whom they have chosen to contact.
10.3 The User is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability referred to above, essential conditions without which the Company would never have contracted.
Likewise, the Company is in no way responsible for the links appearing on its Website to other websites which do not belong to it and which are not controlled by it, since it does not exercise any control over the content, the personal data protection charters or the practices of third-party sites.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.
11. Illegal content - complaint
In its capacity as a hosting provider within the meaning of the provisions of article 6-I-7 of Law n ° 2004-575 of June 21, 2004 Profiles and the information they contain, or any other content (here- after the “Content”) published and distributed under the exclusive responsibility of Users and Professionals, the Company cannot materially organize a general surveillance of the Content that it hosts on the Website and cannot determine whether or not it is lawful.
In the event that a User considers that all or part of the Content posted on the Website could be manifestly illegal, the User may report this to the Company.
In accordance with the provisions of article 6-I-5 of Law n ° 2004-575 of June 21, 2004, the User may be invited by the Company to specify his request by sending him all of the following information in writing:
- his names, first names, date, place of birth, postal address;
- the date of notification of the disputed Content;
- the elements of identification of the disputed Content;
- the URL address (es) of the disputed Content;
- the reasons for which the Content must be withdrawn, including the mention of the legal provisions and justifications of facts;
- a copy of the correspondence sent to the User or Professional author of the disputed Content requesting the withdrawal or modification of the Content or the justification that the author could not be contacted.
In this regard, the User undertakes not to abuse this option, failing which, he acknowledges and accepts that he is liable to criminal prosecution, by application of the provisions of article 6.I. 4 of Law n ° 2004-575 of June 21, 2004 according to which: "The fact, for any person, of presenting to the persons mentioned in 2 (online platforms and hosts) content or activity as being illegal in order to 'to obtain its withdrawal or to stop its dissemination, when it knows this information is inaccurate, is punishable by one year's imprisonment and a fine of EUR 15,000 ”.
In general, in the event of an infringement or violation of the rights of third parties, the Company reserves the right to delete the disputed Content without notice, and to prevent the User from accessing the Services and his User Account.
12. force majeure
12.1 Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and therefore suspends the obligations of the parties, such as, for example, without this list being exhaustive: a strike or a technical failure (edf, erdf, telecommunications operators, internet or hosting providers, Registrars, etc.), an energy supply shutdown (such as electricity), a network failure electronic communication on which the Company depends and / or the networks that would replace it, an epidemic, a pandemic.
12.2 The Company may not be held liable, or considered to have failed in its obligations provided for in these T & Cs, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and perform its obligations as quickly as possible after the termination of the force majeure on the other hand.
12.3 If such an event occurs, the parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
13. correspondence between the parties
Unless otherwise provided in these T & Cs, correspondence exchanged between Users and the Company is handled by email via the Website.
In application of articles 1365 et seq. Of the Civil Code and, where applicable, of article L.110-3 of the Commercial Code, the parties declare that the information delivered by electronic mail is authentic between the parties as long as no written contradictorily authenticated and signed, calling into question this computerized information, is produced.
Items such as the time of reception or transmission, as well as the quality of the data received shall prevail as a priority as appearing on the Company's information systems, or as authenticated by the computerized procedures of the Company except to provide written proof to the contrary by the Users.
The Company may modify and / or update the terms of the T & Cs according to certain economic or legal requirements.
The Company reserves the right to modify, at any time, the characteristics of the Service, without the said modifications leading to substantial modifications.
The provisions of these T & Cs express the entire agreement concluded between the User and the Company. They prevail over any proposal, exchange of letters prior to and subsequent to the conclusion hereof, as well as any other provision appearing in the documents exchanged between the parties and relating to the subject of the T & Cs, unless an amendment duly signed by the representatives of the two parts.
16. no waiver
The fact that one of the parties to these T & Cs has not required the application of any clause, whether permanently or temporarily, may in no case be considered as a waiver of the rights of this party arising from of said clause.
If one or more provisions of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become final of a competent court, the other provisions of these T & Cs will keep all their strength and reach.
Where applicable, the Company undertakes to immediately remove and replace said clause with a legally valid clause.
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.
19. attribution of jurisdiction - applicable law
Any difficulty arising from the interpretation and / or execution of these conditions will be subject to the assessment of the competent French courts, the only applicable laws being French laws.