General terms and conditions of use Familycorp

Last update: 26/11/2019

General terms and conditions of use

Article 1: Identification of the publisher and host on the website

Article 2: Scope and definitions

Article 3: Online acceptance of the T&Cs

Article 4: Modification of the T&Cs

Article 5: Acquisition and withdrawal of membership

Article 6: Services and use

Article 7: Damage, loss or theft

Article 8: Protection in the event of cancellation

Article 9: Personalized assistance

Article 10: Flags

Article 11: Rates and payment terms and conditions

Article 12: Insurance

Article 13: Liability

Article 14: Personal Data

Article 15: Intellectual Property

Article 16: General

General Terms and Conditions of Use of the Platform: http://familycorp.fr :

a networking service published by Familycorp International.

Article 1: Identification of the publisher and host on the website

The Contact Platform proposed by http://familycorp.fr is published by Familycorp International, a simplified joint stock company with a capital of €6,000. French company registered under number 835 357 476, domiciled at 35 ter avenue pierre grenier, 92 100, Boulogne-Billancourt, France.

The director of publication is Mrs. Mailys Cantzler.

Article 2: Scope and definitions

Familycorp International has developed and implemented the Platform to provide an IT service, in the form of Software-as-a-Service (SaaS), allowing Members, employees of the Client, to be connected for international language exchanges.

In this Agreement, terms whose first letter appears in capital letters shall have the following meanings in the singular and plural:

"Au pair": refers to the fact that a Hello Member organizes with a Welcome Member from another country the au pair stay of his child in the Welcome Member's family.

 "GCU": refers to these General Terms and Conditions of Use.

"Client": refers to the company that has contracted with Familycorp International to make the Members available to its employees.

"Colleague Accommodation": refers to the fact that a Hello Member, while travelling abroad, stays free of charge with a Welcome Member and immerses himself in the local culture.

"User Account": refers to the account that must be created to allow a visitor to the Platform to become a Member and access the Services offered by it.

"FLAGS": refers to the points accumulated by Welcome Members and Hello Members by performing actions on the Platform or language exchanges.

 "Gamification": refers to the mechanism for allocating Flags and badges.

"Identifiers": refers to the identifier chosen by the Member and the password entered by the Member when creating his account to allow him to access his personal space. Identifiers are personal and confidential.

"Language stay": refers to the fact that a Hello Member organizes with a Welcome Member from another country the stay of his child in the country of the Welcome Member.

"Medals": refers to virtual rewards that can be obtained after the automatic conversion of Flags.

"Member": refers to any person, employee of the Client, who registers on the Platform and who, to do so, accepts these T&Cs. The Member has access to the Profiles published on the Platform and can consult these Profiles. It can also be restarted on the email displayed on its Profile. The Member is subject to a number of obligations and prohibitions listed below in these T&Cs. The Member undertakes to use the Platform as a Welcome Member and as a Hello Member, in accordance with these T&Cs.

"Hello Member": refers to any Member registered on the Platform who decides to contact a Welcome Member in order to respond to the welcome offer offered by the latter. The Hello Member has free access to information allowing him to contact other Hello Members as well as Welcome Members. Members Hello and Welcome are the only decision-makers and responsible for the implementation of the language exchange. The exchange is carried out outside the Platform in a "private" setting.

"Welcome Member": refers to any Member registered on the Platform who decides to publish his Profile in order to share his residence with a Hello Member. The Welcome Member therefore enters into a contract with Familycorp International giving it free access to contact information for other Welcome Members and Hello Members. The Welcome and Hello Members are the only decision-makers and responsible for making the welcome in their residence to Hello Members a reality. The exchange is carried out outside the platform in a "private" setting.

"Party": refers to the Member and Familycorp International, individually and/or collectively.

"Platform": refers to the platform http: //familycorp.fr published by Familycorp International.

"Profile": refers to the Member's profile on the Platform.

"Service": refers to the service(s) provided by Familycorp International on the Platform.

"Verification" or "Verification Service": refers to the Service offered by the Platform, in preparation and prior to the Members' contact service, consisting in verifying the apparent consistency of the Members' declared identity with the Client's verification of the Member's professional e-mail address.

Article 3: Online acceptance of the T&Cs

The use of the Platform is subject to the acceptance of these T&Cs.

At the time of creation of the User Account, the Member has these T&Cs. This acceptance is formalized by a checkbox, including the following formula reproduced below:

"By checking this box and creating an account on Familycorp International, I accept these terms of use without reservation. »

Only the acceptance of these T&Cs allows the Member to access the Services offered on the Platform.

These T&Cs form an indivisible whole and are binding in full and without reservation on the Members who have accepted them.

The T&Cs applicable to the Platform are the last ones that have been accepted by the Member.

The T&Cs are applicable for the entire duration of the Member's use of the Platform, from the date of their acceptance.

Article 4: Modification of the T&Cs

Familycorp International reserves the right to modify the TOS at any time, the features offered on the Platform or the Platform's operating rules. In particular, Familycorp International reserves the right to offer new Services, free or for a fee, on the Platform.

The Member shall be notified prior to the entry into force of the change. It will have to accept the T&Cs to continue to use the Platform. If they are not accepted, the Member may not continue to use the Platform and must delete his User Account.

Article 5: Acquisition and withdrawal of membership

5.1 Access conditions and verification

To be able to access the Familycorp International platform and open a User Account, the visitor must be at least 18 years old and must fill in all the mandatory information contained in the registration forms.

Each Member must be an employee of Familycorp International's client company and be in legal possession of a professional e-mail address created by the Familycorp International Client. Otherwise, the visitor will not be able to create a User Account and access the Services provided on the Platform.

If the visitor does not have a professional e-mail address (with the subdomain previously entered by the Customer's administrators), then he/she must contact the Customer's administrator so that the latter can validate his/her presence in the company. The visitor will then receive a verification link to his email address and will be able to create a User Account and become a Member.

If the visitor has a valid business email address (including the Customer's subdomain) then a validation link will be sent to the visitor's business email address.

Familycorp International's Client is responsible for carrying out the necessary verification and confirming that the visitor is one of its employees and is eligible to become a Member. This verification is mandatory in order to proceed with access to the platform. Familycorp will not be liable to the visitor if the Customer does not carry out or carries out the verification in an incomplete or incorrect manner.

Once the verification has been carried out, the Member may contact other members in order to carry out a stay for himself or his family.

5.2 Creating a User Account

To register and benefit from the Services offered on the Platform by Familycorp International, each visitor must first create a User Account, allowing him/her to become a Member, by providing data concerning him/her, including personal data, essential to the proper functioning of the Service for connecting people (in particular surname, first name, date of birth, civility, valid e-mail address, postal address, number of children and their age group). The collection and processing of this personal data will be governed by the Platform's Privacy Policy.

Each Member undertakes to inform Familycorp International without delay in the event of any change in the information provided at the time of registration by making such changes itself in its User Account. The Member must provide real and up-to-date information, under its own responsibility, in particular to other Members. Familycorp International shall in no event be held liable for any information provided by Members that may be erroneous or fraudulent.

In particular, Familycorp International reserves the right to refuse in a discretionary manner (without being obliged to give reasons for this refusal and without possible recourse or compensation of any kind) to any Member who does not comply with the conditions of the TOU, the rules of good character, or who contravenes the values and ethics that the Platform strives to promote.

As soon as his account is created, the Member will choose an identifier and enter a password, (hereinafter "Identifiers") allowing him to access his personal space. Identifiers are personal and confidential. They can only be changed at the request of the Member. The Member must ensure that his password is sufficiently complex and meets security standards. Familycorp International will therefore not be liable in the event of unauthorized access to the User Account due to a brute force attack on the password.

Each Member is solely and entirely responsible for the use of the Identifiers concerning him/her and undertakes to keep them secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. Each Member shall be responsible for the use of its Identifiers by third parties or for actions or statements made through its Member's personal account, whether fraudulent or not and guarantees Familycorp International against any claim in this respect. In addition, since Familycorp International has no obligation and no technical means to ensure the identity of persons registering for the Platform, it is not liable in the event of usurpation of the identity of a Member (even a verified Member). Familycorp International shall therefore not be liable for any unauthorized use of the User Account by a third party and shall not be liable for any damage caused by such use.

If the Member becomes aware that his User Account or his identification elements are compromised or used without authorization or fraudulently, or any other security breach related to the Account, he must inform Familycorp International as soon as possible.

In the event of loss or theft of one of the Identifiers concerning him, the Member is liable for any harmful consequence of such loss or theft, and must use, as soon as possible, the procedure allowing him to modify them.

The Member undertakes not to create or use any User Accounts other than the one initially created, whether under his own identity or that of third parties. Any deviation from this rule must be explicitly requested by the Member and must be subject to prior written and specific authorization by Familycorp International.

The creation or use of new User Accounts under its own identity or that of third parties without having requested and obtained the authorization of Familycorp International may result in the immediate suspension of the Member's accounts and all associated services, without Familycorp International's liability being engaged, which the Member accepts.

5.3 Control or closure of a User Account at the initiative of Familycorp International

In the event of non-compliance by Members with all or part of the T&Cs, or in the event of behaviour contrary to the regulations, rules of good conduct, values and ethics that the Platform strives to convey, Familycorp International reserves the right to :

- limit or suspend Members' access to the Platform and Services;

- remove certain content posted by the Member and hosted on the Platform;

- close the User Account.

Familycorp International will not be required to provide reasons for its decision. This will be without possible recourse or compensation of any kind whatsoever. Familycorp International cannot be held liable in this respect, which the Member accepts.

The Member will lose the right to use the Platform when he/she leaves the Client's workforce. His User Account may be deleted by Familycorp International, if the Client so informs, or by the Member himself.

In addition, in the event that the Member no longer has the conditions giving him access to the Platform, in particular by leaving the Customer's workforce, the following behaviours are strictly prohibited to Members and expose them to immediate closure of the User Account without compensation:

- Give false or misleading information on the Platform to other Members or any other person in error;

- Create multiple User Accounts without prior written authorization from Familycorp International;

- Create fake User Accounts;

- Attempt to access a third party's User Account,

- Infringe the rights of third parties in any way whatsoever;

- To broadcast advertisements, content, aggressive photographs, photographs of a violent, sexist, pornographic, racist, homophobic, discriminatory nature... or more generally, polemical.;

- Be the perpetrator of discrimination;

- Copy, modify, distribute or distribute content (texts, photographs, videos, etc.) in violation of the intellectual property rights of third parties;

- Reproduce the Platform or any content of Familycorp International, in any way, by any means and in any form;

- Extract data or computer code from the Platform without prior written authorization from Familycorp International, including adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding all or part of the Platform;

- Make a commitment to a third party;

- Sending unsolicited commercial e-mails (spamming),

- Divert Members from the Platform;

- Tracking Members on social networks for commercial purposes, without the Member's prior written consent;

- Spread viruses, trojan horses or other technologies that may damage the Platform or the interests and property of Familycorp International or other users of the Platform;

- Attempt to access servers (not in normal use of the service) or computers on the Familycorp International network;

- Post or distribute, in any form whatsoever, information or content that has the effect of diminishing, disorganizing, preventing Services or interfering with the proper functioning of the Platform;

- Use robots, spiders, scrapers or other means used to access the Platform and collect Platform content for any purpose whatsoever, without the prior written consent of Familycorp International;

- Collect or otherwise obtain information about others, including e-mail addresses, without having been authorized to do so;

- Bypass measures to prevent or restrict access to the Platform;

- Include links within Members' ads, including to other sites;

- Collect or provide information on holiday periods indicated by Members to encourage burglary of Members' residences;

- Divert the use of Profiles posted by Members;

- Fraudulently acquiring Flags in any way;

- Use the Platform in any way that is illegal or inconsistent with its purpose.

This list is not exhaustive and Familycorp International reserves the right to remove without notice or other notification any content that is not compatible with the rules in force on the Platform and/or that would compromise the security of the Platform or other Members.

Familycorp International and the Customer's administrator may terminate the Member's User Account without notice or formal notice, and Familycorp International may not be held liable.

Any closure of the User Account for breach shall be without prejudice to any damages that may be claimed by Familycorp International from the Member as compensation for damages suffered.

The closure of a Member's User Account for breach of any of the obligations under the T&Cs shall automatically result in the deletion of the Member's User Account, if any, without giving rise to any right to a refund, even in part.

Familycorp International will also close any User Account that has been inactive for thirty-six (36) months.

The Member will be informed by email when his User Account is closed.

5.4 Closing the User Account at the request of the Member

Members may, at any time, request the closure of their User Account within the Platform, without any costs other than those related to the transmission of their request, without reason and by any means indicated on the Platform.

This request shall be deemed to have been made and shall take effect on the business day following receipt by the Client of Familycorp International of the request to close the User Account concerned. Prior to deletion, the Member shall have the possibility of saving his data, in accordance with the regulations on personal data.

Personal data will be deleted by Familycorp International, unless it is necessary to comply with its legal and regulatory obligations, or if it has been anonymized.

Article 6: Services and use

6.1 Access to the Platform and announcements

FamilyCorp International makes available to its Members free of charge the possibility for the Welcome Member to publish his Profile in order to propose his residence, and for the Hello Member to consult this announcement in order to be hosted by a Welcome Member.

Access to the Platform is completely free of charge for all of the Customer's employees.

Members who have entered into a relationship within the Platform with a view to carrying out a stay thus undertake, where applicable, to choose and validate the conditions of this stay independently, outside the Platform.

It is specified that the contact details (address) of a Member are only communicated to another Member in private, when the Members agree on the conditions of the stay. Outside this private sphere, the exact address is not visible to other Members. The Platform does not allow Members to accurately locate other Members, with the exception of a general location.

The purpose of the Platform is not to guarantee the finalization or proper execution of one or more stays between Members put in contact by Familycorp International. The role of the Platform is only to connect Members, in a technical way through a website.

The relationship between Members is independent of Familycorp International. Familycorp international is in no way part of the relationship between the Members, who incur their own liability thereunder and fully guarantee Familycorp against any liability that may be imposed on it as a result.

As Familycorp International is not a party to the exchanges between two Members, it may not check either the regularity of the exchanges (whether with regard to the availability of the offer, the conditions of formation of the contract, the lawfulness of the obligations contractually imposed on one or other of the Members or in any other capacity) or the proper performance.

Each Member undertakes, in the context of its relationship with other Members, to respect standards of courtesy and ethics and not to act in a manner that is not in conformity with the law in any way whatsoever.

Members' attention is therefore drawn to the risks associated with cohabitation in the context of an exchange, in particular the risk of damage to the property or theft of certain objects that furnish it. In particular, it is recalled that any Welcome Member is free to choose the Hello Member who will stay with him/her and conversely that preliminary contacts between Members may prevent certain difficulties that may arise from a stay.

Any Member may report to Familycorp International any inappropriate behaviour by another Member. Familycorp International may then, at its discretion, delete the User Account of the Indelicate Member, without incurring any liability and without having to carry out any verification, which the Members accept.

6.3. Quality of service

Familycorp International will make its best efforts to ensure that the Platform operates in accordance with its specifications, without incurring any obligation to achieve results.

Familycorp International does not commit to:

  • Any obligation of result in the provision of the Platform.
  • Whether the Platform is bug-free or permanently available.
  • The relevance of the information provided within the Platform.
  • Any frequency of maintenance or updating of the Platform.
  • Any quality of service for the Platform.
  • Any level of service and availability for the Platform.
  • Any duration of support for the Platform.

Familycorp International will only do its best to ensure that the Platform is operational in a secure manner, as part of a best effort’s obligation. However, Familycorp International does not guarantee absolute safety of the Platform.

Familycorp International may suspend, modify or withdraw the Platform and discontinue its support at any time, without notice or notification, without liability.

Familycorp International may discontinue providing the Platform and Services at any time.

6.3. Profiles

The Member has the option of creating a Profile detailing his or her personal information.

The Member is responsible for any content held and posted online within the Platform. Familycorp International does not carry out any prior checks on these elements.

The Member undertakes to include in them only content relevant to other Members and, in this context, to respect the T&Cs, and in particular Article 5.3.

Familycorp International may, at any time, moderate, modify, delete a Profile, or any other content of the Member, at its discretion and without incurring liability, in any way whatsoever. Any Member may also report a Profile or inappropriate content to Familycorp International, which will then become aware of it and may take any appropriate action.

6.4. Links to third party sites

The Platform may contain links to third party sites as well as articles, photographs, texts, graphics, images, design elements, music pieces, sound files, video sequences, information, applications, software and other content or elements belonging to or originating from third parties.

Consequently:

  • The posting of links to a third-party site or third-party content is not subject to the control of Familycorp International.
  • Familycorp International does not guarantee the accuracy, relevance or completeness of third-party sites or third party content,
  • Familycorp International is not responsible for the content, accuracy, offensiveness, opinions, reliability, privacy and other practices of third-party sites or third party content,
  • Access to third party sites or the use of third-party content is at the Member's own risk.

Familycorp International shall in no way be liable for any damage, direct or indirect, that may be caused by third party sites.

Article 7: Damage, loss or theft

In the event of damage, loss or theft suffered by a Member during a stay, Familycorp International shall not be held liable in this respect and shall not be liable to the Member for any compensation.

The Member is invited to report any damage to its property in accordance with applicable legislation.

Article 8: Protection in the event of cancellation

Familycorp International's service, which is a technical networking platform, is not responsible in the event of cancellation and has no way of accessing this information since contacts between Members are made in the private sphere. Familycorp International shall not be liable in this respect and shall not be liable to the Member for any compensation.

Each Member may have its own cancellation policy, in accordance with the contract that binds the Members during a stay. It does not engage Familycorp International.

Article 9: Personalized assistance

Familycorp International provides assistance to Members, by phone, email during business hours, and by email 7 days a week in case of emergency.

The proposed means of contact are detailed within the Platform.

This assistance does not in any way constitute an obligation to resolve disputes and is provided solely as part of an obligation of means.

Article 10: Flags

Any activity on the Platform (registering, completing your Profile, having your Profile checked, sponsoring friends, concluding a stay with another Member, etc.) allows the Member to accumulate Flags.

The number of Flags accumulated results in medals that will be displayed on the public profile. The Member can consult at any time the evaluation of the Flags proposed by Familycorp International on the page dedicated to Gamification. 

A Member may win new Flags if it concludes a stay with a Member, outside the Platform, and informs Familycorp International accordingly.

Flags are not transferable. Any attempt to circumvent these rules (false sponsorship, creation of several accounts by one person, etc.) is prohibited. The operating procedures of the Flags (description, calculation, allocation procedures, etc.) are detailed on the Platform and can be freely consulted on the page dedicated to Gamification.

Familycorp International is free to modify these operating terms and conditions at any time and provides no guarantee of the quality of this Service, which the Member accepts. Familycorp International will not be liable for any miscalculation of Flags or malfunction of this Service.

Article 11: Rates and payment terms and conditions

Access to the Platform and Gamification is free of charge for the Member. It is the Familycorp International Client who pays for the annual rental of the Platform and makes it available free of charge to the Members, its employees.

No monetary exchange can take place on the Platform. Failure to comply with this rule may result in the immediate closure of the User Account, in accordance with Article 5.3 of the GCU.

 

Article 12: Insurance

The Welcome Member undertakes to have the necessary insurance coverage for the Hello Member's accommodation, in any capacity whatsoever, for the duration of his stay. This insurance must comply with the legislation, with an insurer legally authorized to market such policies.

Members are informed that insurance companies may refuse to cover damage that may occur during stays.

Familycorp International shall not be liable if a Member does not have such insurance or if it refuses to cover damage arising during a stay.

Article 13: Liability

Familycorp International's liability is strictly limited to the technical supply of the Platform, and its proper functioning, under an obligation of means.

Familycorp International will not be liable if it is impossible to access the Platform for any reason whatsoever.The information provided within the Platform is provided for information purposes only, with no obligation of result. The Member must carry out the usual checks before any use of this information.

Any content posted online (in particular Profile,) is the responsibility of the member. Familycorp International is not liable in this respect and only acts as a content host.

Familycorp International also excludes any liability for the independent relationship between Members, in particular due to the actions of a Member.

In addition, Familycorp International makes its best efforts to ban any illegal conduct by the Platform, including preventing any discrimination by its Members on the Platform, but shall not be liable if such conduct occurs on the part of a Member.

The stays resulting exclusively from the agreement reached between the Welcome Member and the Hello Member, the Members act under their sole and entire responsibility.

Familycorp International does not provide any other services.

Familycorp International does not assume any liability for the availability, availability, maintenance and use of the Platform. No express or implicit guarantee is provided for the quality of the Platform, the information contained therein, and its adequacy to the needs of the Member.

The Member is informed that the use of the Platform is carried out under his own responsibility.In any case, only direct damage will be liable to Familycorp International. Familycorp International shall not be liable for any indirect damage.

This limitation of liability applies to any type of indirect damage, including but not limited to operating losses, loss of revenue, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image, reputation and notoriety, loss of opportunity, financial or commercial loss of any kind.

In particular, Familycorp International shall not be held liable for any damage to residences and more broadly to real estate, or any other prejudice suffered by a Member or a third party as a result of a visiting Member's stay in the residence or residences and more generally in a real estate property. Similarly, Familycorp International shall not be held liable for any damage suffered by a Member or a third party during a stay with another Member.

Familycorp International shall also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information.

If these limits of liability do not apply, for any reason whatsoever, Familycorp International's liability for damage suffered by a Member shall be strictly limited to fifty (50) euros per damage.

Article 14: Personal Data

The provision of the Platform involves the collection of personal data by Familycorp International, in a manner consistent with applicable laws and regulations.

The Member is fully aware that personal data submitted directly or indirectly to Familycorp International will be subject to automated processing. The Member must accept Familycorp International's Privacy Policy when registering. Otherwise, it will not be possible to use the Platform.

Familycorp International's Privacy Policy can be found at the following address: https://familycorp.com/en/terms/privacy_policy/

Article 15: Intellectual Property

The trademarks, logos, graphics, photographs, animations, videos and texts contained on the familycorp.fr Platform are the intellectual property of Familycorp International or its partners and may not be reproduced, used or represented without the express authorization of Familycorp International or its partners, under penalty of legal action.

In particular, Members shall refrain from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing in any way whatsoever the Services, the Platform pages, the databases, or the computer codes of the elements composing the Services and the Platform.

Members grant Familycorp International a free license to use the intellectual property rights attached to the content they provide for distribution on the Platform. This license includes in particular the right of Familycorp International to reproduce, represent, adapt, adapt, translate, digitize, use for the purposes of the Service or sublicense the content concerning the Member (information, search criteria, etc.), on all or part of the Platform. This license is provided for the duration of the protection of rights by intellectual property legislation, and for all uses.

If a Member considers that an infringement has been made on its rights, or that any content is illegal, it is requested to inform Familycorp International. Familycorp International reserves the right to remove content if it has reason to believe that it violates these T&Cs, the law or the rights of third parties.

Any partial or total reproduction of these elements may constitute an infringement. Familycorp International reserves the right to take any action that may be necessary to enforce its rights and compensate for its damages.

Article 16: General

16.1 Disputes and applicable law.

The GCU are governed by French law, except public policy provisions relating to consumer protection in the country of residence of a Member.

In the event of a dispute relating to the interpretation and/or execution of these T&Cs, the Member and Familycorp International shall seek, before any contentious action is taken, an amicable settlement and shall communicate to this end all necessary information to each other.

In the event that no amicable agreement can be reached, any dispute that may arise in connection with the validity, interpretation or execution of the GCU and/or the service in question shall be submitted to the competent court at the registered office of Familycorp.

This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the payment terms.

16.2 Transmission

Familycorp International reserves the right to assign or transfer its rights and obligations under these T&Cs to any third party of its choice.

16.3 Notification

With the exception of notifications relating to illegal or infringing content, Members' notifications must be sent by registered mail to Familycorp International - 35 ter Avenue Pierre Grenier - 92100 Boulogne-Billancourt France, or by email to contact@familycorp.com

Any notification to a Member will be sent by email to the address provided to Familycorp International on its User Account and will be deemed to have reached it 24 hours after the email is sent, unless the sender is notified of a failure or error message from the email address.

16.4 Major force

In connection with the performance of these T&Cs, Familycorp International shall not be liable if the Service no longer operates due to any event of major force.

For the purposes of these T&Cs, force majeure is defined as any unforeseeable, irresistible event outside the Parties within the meaning of French law and jurisprudence.

In the event of a case of major force, Familycorp International shall use its best efforts to ensure the operation of the Platform.

If major force persists, Familycorp International may terminate the provision of the Platform, without notice and without incurring any liability.

16.5 Final Stipulations

Proof

The Member acknowledges and accepts that the information provided by Familycorp International by e-mail and on the Platform is authentic between the parties and receives the same probative value as a handwritten document.

All data entered in an unalterable, reliable and secure manner into Familycorp International's computer database relating in particular to orders and confirmations received from the Member, notifications sent, access, withdrawals and refunds shall be deemed authentic between the parties until proven otherwise.

Independence

Neither Party may make a commitment in the name and/or on behalf of the other. In addition, each Party shall remain solely responsible for its own actions, allegations, commitments, service, products and personnel.

Non-waiver and tolerance

The fact that Familycorp International does not claim from the Member a breach of any of the obligations referred to in these T&Cs shall not be interpreted in the future as a waiver of the obligation in question and shall not have the effect of granting acquired rights to the Member.

A failure or delay in the exercise of a right by Familycorp International shall not be construed as a waiver of that right.

Partial invalidity

If one or more provisions of these T&Cs are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, they shall be deemed to be unwritten, the other provisions shall retain their full force and scope.

Survival

The termination of these T&Cs, for any reason whatsoever, shall not affect the validity of any clause whose nature or content requires it to be maintained.

Exclusivity

No exclusivity is concluded between the Parties by the acceptance of these T&Cs. The Parties remain free to enter into contracts with third parties of their choice.

Entire agreement

These T&C prevail over any other stipulation potentially applicable to the relationship between Familycorp International and the Member. These T&C supersede any prior undertakings of the Parties with respect to the subject matter hereof and constitute the entire agreement between the Parties with respect to the subject matter hereof.

Compliance with legislation

FamilyCcorp International provides the Platform in compliance with French regulations.

The Member must review local and national laws to ensure that he or she can use the Platform.

Additional legal information

The Platform's Publishing Director is Mailys Cantzler.

The Platform is hosted by: OVH.com located at 2 rue Kellermann, 59100, Roubaix.

Interpretation

In the event of any contradiction between a translation and the French version, the latter shall prevail.