IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THESE GENERAL WEBSITE TERMS AND CONDITIONS OF USE.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREINAFTER.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND YOU DO NOT WISH TO COMPLY WITH THEM, YOU MUST NOT ACCEPT THEM AND MAY NOT, AS A RESULT, MAKE A DONATION TO THE COMPANY ON THE WEBSITE.
1. RECITALS
(A) These general website terms and conditions of use (hereinafter referred to as the “General Terms and Conditions”) set forth the terms and conditions applicable to the website http://cicret.com (hereinafter referred to as the “Site”).
(B) The Site is the exclusive property of CN2P (hereinafter referred to as the “Company”).
(C) The purpose of the Site is to present the project developed by the Company (the “Project”) and to enable the collection of donations through the Site in order to finance the completion of the Company’s Project (the “Donations”).
2. DEFINITIONS AND INTERPRETATIONS
2.1 Definitions
For the purposes hereof, capitalized terms shall have the meaning given thereto below, unless the context requires otherwise:
“Company” means CN2P, a société par actions simplifiée incorporated under the laws of France, whose registered office is La Grande Arche Paroi Nord 92044 Paris La Défense, registered under number RCS Nanterre B 808 557 573;
“Donation” means any amount in cash collected by the Company to finance the Project described on the Site;
“Donor” means a person who would like to support the Project described on the Site by contributing Donations to the Company and registered on the Site based on his prior acceptance of the General Terms and Conditions;
“General Terms and Conditions” means these general terms and conditions for site use applicable to Donors that may be viewed on the Site by any Donor and which said Donors must accept in order to make a Donation;
“Intellectual Property Rights” means all intellectual property rights as specified in the French Intellectual Property Code and international agreements, in particular, copyrights, the related rights of performing artists and producers of sound recordings and video graphics, trademark rights, patents, trade names (including Internet domain names and e-mail addresses), moral rights, rights to any models, rights to any databases, and know-how, whether registered or not and whether or not it is eligible for registration, in any jurisdiction in the world;
“Party” means the Company and any Donor that has accepted the General Terms and Conditions;
“Project” means the manufacturing of the Cicret Bracelet that is published on the Site in accordance with the General Terms and Conditions;
“Site” means the website http://cicret.com which is the exclusive property of the Company, the purpose of which is to allow the Company to promote the Project and to allow Donors to support completion of the Project through the Donations collected using the Site;
“Visitor” means any person who visits the Site to view the content and information published on the Site without being registered or prior to registration on the Site as a Donor.
2.2 Interpretation
Unless expressly provided otherwise or if the context requires a different meaning:
(i) references to recitals and articles herein refer to the recitals and articles of the General Terms and Conditions;
(ii) plural terms include the singular and vice versa;
(iii) references to a legal provision include, if appropriate, any amendment or new promulgation of said provision, as well as any legal or regulatory instrument or order related to said provision or its new promulgation; and
(iv) references to a document designated herein, as it may be amended, replaced through novation, or supplemented.
3. PURPOSE
The purpose of the General Terms and Conditions is to specify the terms and conditions of the Site in order to enable Donors to finance the completion of the Project by contributing Donations through the Site.
Site access terms and conditions are described in Article 4 of the General Terms and Conditions.
4. SITE AVAILABILITY SERVICE
4.1 Ownership of the Site
The Company developed and launched the Site in order to present the Project to Visitors and to provide an interface between Donors who would like to support the Company with the objective to complete and promote the Project presented on the Site.
All Intellectual Property Rights relating to all software, updates, new versions and copies of said software made available to Donors over the Site are, and shall remain, the property of the Company or its transferees, successors or assignees and no title related thereto shall be considered as transferred to Donors hereinafter.
Donors acknowledge that any information related to the Site, other than Site contents, is the exclusive property of the Company, which is the sole holder of the title and rights to the Site, and which updates and maintains it.
The duplication right under the French Intellectual Property Code only covers display on a single screen and is strictly reserved for private use. Any reproduction, distribution or publication of the contents for commercial or multi-person use without the Company’s prior, written authorization is prohibited.
4.2 Site Accessibility
The Site may be accessed, to the extent possible, 24 hours a day, seven days a week. Although the Company has taken all necessary steps to ensure the reliability of the information and software contained on the Site, it may not be held liable for errors, omissions, viruses or results that may be generated by, or be the consequence of, the improper use thereof.
The Company may not be held liable for technical problems or incidents that may occur that cause a risk of data loss. The Company is only subject to an obligation to make resources available.
The Donor represents and warrants that it fully understands the characteristics and limitations of Internet.
The Donor is solely responsible for the equipment (computers, software, electronic communication resources, etc.) that allows access to the Site, as well as for the electronic communication expenses caused by the use thereof.
In general, each Donor is subject to an obligation to (i) comply with applicable laws and regulations, (ii) treat the Company and other Donors fairly, (iii) comply with the Intellectual Property Rights related to the content provided by the Company on the Site, (iv) only provide true and accurate data regarding his civil status and personal contact information, and (v) not assume any undertaking on behalf of a third party.
If any of the conditions for Site access or use of the Site is violated, the Company reserves the right to suspend the Site access and use of the Site by the respective Donors. Continuous or repeated violations entitle the Company to terminate the present terms with respect to the concerned Donors, effective immediately.
4.3 Donor Registration and Identification
A Visitor may register on the Site and become a Donor by completing all of the mandatory fields available on the Site.
Visitors may contribute Donations in order to support the Project presented by the Company on the Site.
A Visitor must read and accept the General Terms and Conditions (which may be viewed at any time on the Site), in order to become a Donor.
4.4 Personal Data of the Donors
(a) Data Collection
The Company shall protect the personal data and private life of its Donors. Accordingly, the Site is registered with the French National Data Protection Committee (Commission Nationale de l'Informatique et des Libertés, located at 8 rue Vivienne – CS 30223 – 75003, Paris Cedex 02, http://cnil.fr/) under the registration number 1909928.
Only persons that have clearly completed the form containing all of the information requested on the Site, that have a valid e-mail address and that agree to these General Terms and Conditions may become Donors. The Donors shall duly complete the mandatory fields in good faith by providing accurate information to the Company.
Registration is necessary to make Donations on the Site.
The Company will be the sole recipient of the personal information collected.
In addition, the Company may have to disclose personal data that when this is are necessary to identify, question or take judicial action with respect to any individual who damages or infringes on (intentionally or otherwise) the rights or ownership of the Company, other Donors or any other person that could be harmed by such activities.
(b) Confidentiality of Personal Data of the Donors
No information transferred by the Donor is visible to other Donors.
The Company undertakes to make its best efforts to take the appropriate technical and organizational steps to protect personal data.
In addition, web sites that have hypertext links on the Site may collect personal information on Donors. The information policies of these sites are not covered by the General Terms and Conditions.
(c) Access to and Modification of Donors’ Personal Data
Under French Data Protection Act No. 78-17 of January 6, 1978, as amended by Act No. 2007-801 of August 6, 2004, each Donor has a right to access, correct and challenge personal data related to him. Therefore, a Donor may require any data related to it to be corrected, completed, clarified, updated or erased if it is incorrect, incomplete, ambiguous or out-of-date.
To exercise their modification rights at any time, a Donor must notify it to the Company.
5. DONATION COLLECTION
5.1 Donation Collection
Based on this information placed on the Site, Donors may decide to make Donations for the Project as described below.
The Donation must be of at least 10 €.
The Donor is fully aware that the Donation is irrevocable and that the Project may only be completed if, among other conditions inherent to all kind of business launching, the total amount of the Donations is sufficient. As a result, the Company does not subscribe to any kind of obligations towards the Donors, the Donation being a free and irrevocable contribution to the Project.
The Donation does not constitute a payment to acquire something or any kind of investment and may not give rise to any kind of advantage, save for provisions of article 6 below.
As a result, the obligations accepted hereunder are the sole obligations of the Company with respect to Donors and Donors may not attempt to hold the Company contractually liable if the Project does not succeed.
5.2 Payment of Donations
The Company uses the "Stripe" system for secured Donations on the Internet to secure and manage all Donations made using the Site.
The Company has the company has delegate the technical aspects, web site and financial account to AKARE French company registered in Paris 495 145 898 R.C.S. PARIS. The account is opened at HSBC Paris Niel. that is solely dedicated to collecting Donations from Donors using the Site. Donor may make payments to said bank account by bank card (inter alia, Visa, Carte Bleu, American Express, Eurocard, Visa International, Mastercard etc.) to support the Project described on the Site.
The Company has a secure payment server on the Site to ensure the confidentiality of the information provided. The secure payment server confirms the validity of the bank card used prior to authorizing payment and automatically confirms the result to the Company.
Transaction completion is subject to validation of the payment transaction. Donations must be paid in current funds by debiting the credit card in the Donors’ name, the number of which is provided by Donors when paying using the secure payment server.
5.3 Cancelling of the Donations
The Donation will be deemed irrevocably paid to the Project, as changed, unless the payment is rejected when the Donor’s bank account is debited.
6 PREFERENTIAL PRICE AND DISCOUNT
In order to thank the Donors who will have contributed to the success of the Project, the Company undertakes to provide Donors with:
- a preferential price on the Cicret Bracelet ordinary selling price; and
- an additional discount on the Cicret Bracelet’s price equal to the amount of Donation.
Once the Project is completed, the Company will inform all Donors of their rights to the preferential price and discount and give all necessary information to collect their Cicret Bracelets under those preferential conditions.
The Donor is aware that the Company may not succeed in developing and manufacturing the Cicret Bracelet or that the final Cicret Bracelet may differ in size, design, colours or in any of the technical features showed on the Site. For this reason, the Donor is informed that he or she may not be in a position eventually to buy the Cicret Bracelet under the preferential terms set forth above and that he or she shall not rely solely on the possibility to buy the Cicret Bracelet at preferential price when he or she makes his or her decision of donation.
7. VALIDITY, MODIFICATIONS AND TERMINATION
7.1 These General Terms and Conditions shall come into effect as soon as they are published on the Site and remain in effect until modified in whole or in part by the Company. The Company reserves the right to unilaterally modify the General Terms and Conditions at any time. The Company shall inform Donors of changes by e-mail and shall request them to give their consent to the changes. Each use by the Donors of the Site constitutes acceptance thereby of the most recent version of the General Terms and Conditions published on the Site.
7.2 These General Terms and Conditions may be terminated by operation of law by the Company:
(a) with thirty (30) day-notice, if the Site access is interrupted at any time; and
(b) if any Donor violates the undertakings accepted in these General Terms and Conditions.
8. NOTICES
8.1 Type of Notice
Any notice, request or communication issued in performance of the General Terms and Conditions must be issued in a written document sent by any means to the party in question.
8.2 Addressees
Any notice, request, communication or document to be issued by Donors in the performance hereof must be issued in accordance with the information provided below:
- To the Company: CN2P
8.3 Notices shall be deemed properly served:
(a) by certified letter, return receipt requested: on the date of the first presentation of the certified letter by the post office; the date stated on the receipt will be binding as to the date;
(b) by personal delivery: on the date stated on the receipt signed by the addressee or any whatsoever of its employees or agents, and
(c) by electronic communication: on the date stated on the sent message, provide that a legible receipt is available.
9. MISCELLANEOUS
9.1 Severability
If one or more provisions of the General Terms and Conditions are declared null and void, the validity of the remaining provisions hereof shall not be affected any manner.
The provisions that have been declared null and void will, in accordance with the spirit and purpose hereof, be replaced by other valid provisions which, in light of their scope and to the extent allowed by law, are similar to the provisions declared null and void.
9.2 Entire Agreement
Unless otherwise specified, the General Terms and Conditions completely and exclusively set forth all terms applicable to the purpose hereof and supersede all prior negotiations, communications, representations and undertakings, whether verbal or written, between the Parties with respect to the subject matter hereof.
9.3 Independence of Donors
Donors use the Site totally independently and their registration on the Site and the collection of the Donations does not create, with the Company, any subordinate relationship, agency, de facto company or joint venture, or representation relationship.
9.4 Assignment
The Company reserves the right to assign to any third parties of its choice all or part of its rights and obligations under these General Terms and Conditions, which Donors accept without qualification.
10. APPLICABLE LAW – DISPUTE RESOLUTION
10.1 The validity, interpretation and performance of the General Terms and Conditions is subject to French law.
10.2 If it cannot be amicably resolved by the Parties, any dispute related hereto, or to any related document or undertaking, will be resolved exclusively before the Paris Commercial Court.
11. LEGALLY REQUIRED INFORMATION
(a) Site Editor This Site is edited by: CN2P
(b) Site Hosting AKARE sarl
(c) For any claim related to this Site and/or its content: CN2P
SECURE PAYMENT 
