Registration No: RCS 790 688 329
Address: 12 rue saint-fiacre 75002 Paris
Tel: 01 40 26 15 88
Email address: firstname.lastname@example.org
Publishing Director: Romain Moyne
Host server: OVH
Host server address: 2 rue Kellermann/ BP 80157/ 59053 Roubaix Cedex 1
Tel: 0 820 698 765
The Website and the Service
WHERETOGET, through the Website, offers a service online the purpose of which is to enable each User wishing to know where to find an item of clothing or an accessory, to post a photo of the desired item on the Website so that the User community could inform him on this item and, in particular, where it can be bought, its price or specificities, as well place a link to the seller's website or a website selling similar products (hereafter, the Service). WHERETOGET does not participate in the Service which is a Service of the exchange of information between Users.
Access to the Website
Unless otherwise specified in the Website or in the specific terms, access to the Website is unrestricted, free of charge and does not require any prior registration.
To gain access to the Service, the User undertakes to follow a registration procedure (by providing up-to-date and accurate information about himself), keep confidential his user name and password and prevent any disclosure thereof to or access thereto by third parties. The user shall be solely liable for ensuring that his user name and password are kept confidential and strictly for personal use and warrants this to WHERETOGET. The User may modify the content of the personal data communicated at registration but he warrants that they are complete and accurate. Once registered, a User becomes a Member, and the term User refers indifferently to Users and Members.
The User must comply with the rules and good practice concerning confidentiality and the security of his user name and password: he must create suitable passwords, renew them regularly throughout the year, inform WHERETOGET if they have been compromised or if it is suspected that they have been compromised etc.
The fact that a Member has indicated his user name and password is proof of his identity when logging on to the Website, consulting the Website and that he is responsible for any related event or action.
Follow and Best Members
The Website allows Members to:
- tag information on one of the items disseminated on the Website (e.g. indicate the source of the image, the colours, the types of clothing);
- follow a theme which enables the Member to receive information or new elements in relation to this theme;
- acquire points depending on the actions he carries out using the Service.
A Member who is active in the Service, notably taking part, asking questions and providing answers can attain "Best Member" status. A list of "Best Members" is available on the Website.
Limitations to the Website and the Service
The Website enables the User to receive information from Members on the items which a Member has disseminated on the Website. WHERETOGET does not provide any warranty as to the conformity of the content or information provided with the requirements of the User or Member, who shall take any measures and make any enquiries he considers necessary from professionals in the relevant field according to the context concerning him.
The relationship between the User and WHERETOGET are exclusively governed by these terms and, if applicable, by the specific terms and conditions provided within the Website.
Unless otherwise provided in the Website or in the specific terms of service, access to the Website is provided free of charge.
Role and general obligations of WHERETOGET
WHERETOGET undertakes to provide access to the Website and to the Service in compliance with these terms and warrants that:
The Website shall be accessible 24 hours-a-day, 7 days-a-week, subject to vicissitudes (technical, third party, force majeure, virus etc.) or maintenance operations to the Website or the Service. WHERETOGET reserves the right, of course, to stop providing access to the Website and the Service at any time and may refuse or withdraw access to the Website and the Service from a Member who does not comply with any whatsoever of the provisions herein or who does not comply whit applicable law, ethical standards and the commercial policy of WHERETOGET.
Role and general obligations of the User
- The User is solely in charge of his use of the Website and the Service. He should be discerning and prudent.
- The aim of WHERETOGET is to provide enjoyment. The information provided in the Website should not in any event be used instead of the advice of a professional or a specialist in that field.
The Website may reproduce content, opinions and advice provided by Members.
This information should only be viewed as the expression of the opinions or information of Members who provide them. In no event shall WHERETOGET agree or approve of the aforesaid opinions or information or warrant the accuracy, exhaustiveness or suitability for requirements thereof. If such information is contrary to the law, mandatory public policy, contains items or content of a pornographic, paedophilia, defamatory or insulting nature, within the meaning of the law, inciting violence or racial hatred, the commission of an offence, a crime or an act of terrorism or defending war crimes or crimes against humanity or inciting suicide or infringing the rights of users or third parties, in particular the right to the respect of private life, the right to one's image and intellectual property rights, WHERETOGET shall not incur liability on any grounds whatsoever.
Users must also, especially if in doubt, verify the accuracy of the opinions and information posted on the Website and whether they are up-to-date. A warning mechanism is available to any websurfer wishing to notify the publication of contentious information on the Website which he has become aware of, in particular those within the ambit of the offences set out in Article 24 paragraphs 5 and 8 of the Law on the Press and Article 227-23 of the Criminal Code, such as the defence of crimes against humanity, incitement to racial hatred, pornography or paedophilia, in accordance with the provisions of Article 6-I-7 paragraphs 3 and 4 of Law No. 2004-575 of 21 June 2004 relating to security in digital transactions. It is also possible to raise the alarm in writing and without delay to WHERETOGET (postal address: WHERETOGET 29, rue du Docteur Finlay, 75015 Paris, France) about the aforesaid unlawful content.
Access to the Website, the content of the Website, the Service and the use of the information and items accessible therein are at the sole risk of the User and at his full liability.
Generally, the User warrants WHERETOGET that (i) access, consultation and use of the Website and its content are fully compliant with these general terms and current regulations, (ii) he is the author or holds the rights required by the author of content, in particular images or photographs, put on-line on the Website, and (iii) the content put on-line on the Website does not infringe the rights of users or third parties, in particular the right to the respect of private life, the right to one's image and intellectual property rights. Consequently, the User warrants WHERETOGET against any challenge, claim or action by third parties in these respects and undertakes to hold WHERETOGET harmless from any direct or indirect loss which WHERETOGET or any third party could incur as a result thereof.
WHERETOGET represents that the personal data of the User shall be processed in accordance with Law No. 78-17 of 6 January 1978, and in particular that:
personal data shall be collected from the User;
personal data is only collected or processed in so far as necessary for the supply and management of the Website and the Service, unless otherwise consented to by the User; and
data automatically collected relates to data for connection and navigation on the Website for the purposes of facilitating the connection of the User to the Website and to establish anonymous statistics (Internet URL address of the host site, date and time of visits, the number and duration of the pages viewed, IP address, host domain and site, operating system, audience measuring tools for certain pages, data processed by Google Analytics etc.).
Further information on cookies may be obtained on the website published by Microsoft at the following address: http://www.microsoft.com/info/cookies.htm or on the website of the Commission Nationale de l'Informatique et des Libertés (National Commission for IT and Civil Liberties (CNIL)): www.cnil.fr. We would like to inform you that you may also refuse to allow "cookies" to saved by configuring your browser as follows:
For Mozilla Firefox:
1. select the "Tools" menu and then "Options";
2. click on the icon "Privacy";
3. find the "cookie" menu and select the options you want.
For Microsoft Internet Explorer:
1. select the "Tools" menu and then "Internet Options";
2. click on the tab "Confidentiality";
3. select the desired level with the cursor.
For Opera 6.0 and over:
1. select the menu "File" > "Preferences";
the recipients of this data is WHERETOGET, subsidiaries or affiliates of WHERETOGET, as well as approved partners (e.g.: boxes to be ticked for good suggestions, the newsletter etc.). For the purposes of the technical management and maintenance of the Website, the service providers of WHERETOGET may have access to the aforesaid data within the scope of their attributions, and they are subject to an obligation of confidentiality and security. Where it is contemplated to provide or transfer personal data to third parties which has been collected through a form, the form in question should inform the User thereof and allow the User to withhold or grant his consent thereto by ticking a box to this effect, where required by law;
WHERETOGET undertakes to respect the confidentiality and security of the personal data of the User in accordance with Articles 34 and 35 of Law No. 78-17 of 6 January 1978; and
the User has the right to access the data concerning him, a right of objection, in particular concerning prospecting, the right to modify, correct, update and delete the data from WHERETOGET. The User can exercise each of these rights at any time according to one of the following methods:
By letter sent to WHERETOGET at the following postal address: WHERETOGET 29, rue du Docteur Finlay, 75015 Paris, France or suing the contact form available on the Website.
Right of access: the User can procure the communication of his personal data. Such communication must correspond to the content provided at the time of registration. A copy may be delivered to a User who so requests against receipt of a fee determined by regulations.
Right of rectification: a User may procure the rectification, update or delete personal data which is inaccurate or out-of-date.
Unless expressly provided otherwise, all the information and items contained in the Website and the Service, whether visual or auditory, including the technology underlying the Website itself (including icons, text, data, databases, graphs, logos, trademarks, names, animations, images, videos, sounds, software or any other element) are protected by law (authors' rights, copyright, trademark rights, patents) and belong to WHERETOGET and/or the holders of the rights in question who granted authorisation to WHERETOGET, apart from the content posted by Members in respect of which the Members warrant that they are the authors or have been duly authorised to put such content online and disseminate it on the Website and in the Service. It is forbidden to reproduce, operate, copy, modify, distribute, disseminate, adapt, re-use or use the information and elements of the Website and the Service, even in respect of a minute part. The User shall not acquire any rights to these elements and undertakes not to infringe them in any manner whatsoever and on any medium whatsoever.
WHERETOGET cannot warrant that the use of all the information and data from the Website does not constitute the infringement of the rights of certain third parties. If there is a suspicion of fraud and after prior verification, WHERETOGET undertakes to remove any contentious content brought to its attention.
If a User has a personal website and wishes to put a simple link to the WHERETOGET website on his site for personal use, he may do so in principle without the prior consent of WHERETOGET. He should agree with the ethical principles of the general terms of service. It will not consist of an implied affiliation agreement. In any event, all links should be withdrawn immediately on simple demand by WHERETOGET, without WHERETOGET having to justify the reason for its request for withdrawal.
The WHERETOGET site may also contain links to other sites. Users have discretion as to whether or not to activate these links, given that WHERETOGET is neither the guarantor nor liable for the content of the sites to which the links lead.
WHERETOGET is the host of the Website and the Service within the meaning of Article 6 of Law No. 2004-575 of 21 June 2004 relating to the security of digital economy and is governed solely by the regime applicable to website hosts.
The obligations of WHERETOGET inherent in the capacity of a website host concern measures against unlawful content according to the procedure described in Clause 7 d) hereof, the conservation of connection data of users, processed in compliance with current statutory provisions relating to personal data, as well as the withdrawal of manifestly unlawful content as soon as WHERETOGET becomes effectively aware thereof.
WHERETOGET may incur liability for any proven breach of any of the obligations referred to in these terms, within a maximum of one (1) year from the date on which such breach occurs.
WHERETOGET shall not held liable for reprehensible actions and the resulting direct or indirect loss, committed by Users or any third party with access to or visiting the Website and the Service. Similarly, WHERETOGET shall not incur liability for the direct or indirect loss which may directly or indirectly result from the use of the Website and the Service, or the use of the information contained in the Website and Service by Users, web surfers or any third party with access to or visiting the Website or the Service.
WHERETOGET shall under no circumstances be liable for any malfunctions and defects encountered during access to or use of the Website and Service, and the direct or indirect consequences which may result therefrom for the User or any third party.
WHERETOGET shall not be liable for any harm which may occur to the hardware and/or software of the User as a result of access to the Website or Service, their consultation, use or copying of the information or elements presented on the Website or Service (in particular including text, data, graphics, logos, animations, videos, sounds etc.). Similarly, WHERETOGET does not provide any warranty as to the continuous accessibility and availability of the Website and Service.
Term and termination
These terms apply throughout the entire duration in which the Website and Service offered by WHERETOGET are online. In the case of breach by the User, WHERETOGET may terminate access to the Website and Service, without notice or formal notification. Such termination shall be without prejudice to any damages which WHERETOGET may claim from the User or its successors in compensation for the loss suffered as a result of such breach.
If one or more provisions herein are invalid or null and void pursuant to a law or regulation, or held to be so by a definitive judgment of a competent court, the other provisions shall remain in full force and their scope shall be unaffected.
If one Party does not act on the breach by the other Party of any of its obligations, this shall not be interpreted as the waiver of such obligation for the future.
The present terms are governed by French law.
Unless otherwise provided by statute, in the case of dispute relating to the performance or construction hereof, and it has not been possible to reach an amicable settlement, jurisdiction is expressly granted to the competent courts of Paris, irrespective of whether there is more than one defendant, the matter involves a guarantee being called, emergency proceedings or protective proceedings by way of interim proceedings or petition.