Table of contents :
- 1. Definitions
- 2. Acceptance
- 3. Use of the Services
- 3.1 Registration conditions
- 3.2 Purpose of the Leeloo space
- 3.3. Service availability
- 3.4. Withdrawal
- 4. Warranty
- 5. Intellectual property
- 6. Responsibility of Phenomen
- 6.1. Access to Espace Leeloo
- 6.2. Public content of Espace Leeloo
- 6.3. Force majeure
- 7. Rights and responsibilities of the User
- 7.1. Liability
- 7.2. Contents
- 7.3. Access and security
- 7.4. User's personal data
- 8. Specific terms of use for third-party platforms and tools
- 9. Hyperlinks
- 10. Claims
- 10.1. What is a claim?
- 10.2. How do I send a complaint to Phenomen?
- 10.3 How are complaints handled?
- 10.4. Control authority
- 11. Final provisions
Introduction
Leeloo is a trademark of PHENOMEN, headquartered at 141 avenue de Wagram, 75017 PARIS, France, operator of the www.getleeloo.io website, which distributes cancellation insurance products.
PHENOMEN acts as an insurance broker and is remunerated in this capacity in the form of commissions.
All Users (as defined below) are requested to read these Terms of Use carefully before using the Services (as defined below) of the Leeloo space.
1. Definitions
" Account " refers to a User's digital profile created through Leeloo used for the purpose of purchasing insurance products.
" General Conditions of Use " or " GCU " refers to the present general conditions of use of the Leeloo space, the purpose of which is to govern the use by the User of the Services of the Leeloo space.
"Espace Leeloo " refers to the event/media subscription forms and the customer area.
" Services " means (i) information on the insurance products offered on Espace Leeloo, (ii) the provision of free quotes with a view to the possible purchase of a cancellation insurance contract, (iii) the purchase of insurance products and/or services and (iv) the online management of any insurance product and/or service on Espace Leeloo.
" User " means any person using the Services.
Defined terms have the same meaning whether used in the singular or plural, feminine or masculine.
2. Acceptance
Access to and/or use of the Leeloo Space and the Services offered therein requires unconditional and unreserved acceptance of and compliance with all the terms of the GCU. The GCU are governed by French law.
The GCU constitute a contract between Phenomen and the User. The present contract is concluded for an indefinite period from the time of use of the Leeloo Space by the User.
Phenomen reserves the right to modify the Espace Leeloo and the GTU at any time, or to supplement them with new contractual conditions, particularly in the event of technical, legal or jurisprudential developments, or when new Services are provided. Consequently, the User is advised to consult the GCU regularly in order to refer to the current version.
Phenomen will not inform the User in the event of modification of the GCU concerning the technical aspects of the Leeloo Space and the Services as long as this does not result in an increase in price or an alteration in quality and as long as the characteristics to which the User has subordinated his commitment have been included in the GCU.
For other modifications to the GCU and Services, Phenomen will inform the User by any means. In this case, a User has thirty (30) days' notice to inform us of his/her disagreement, after which time he/she will be deemed to have tacitly accepted its terms. In the event that the User does not wish to accept all or part of the GCU, he/she is requested to renounce all use of the Leeloo Space and Services.
3. Use of the Services
3.1 Registration conditions :
- be resident in France for tax purposes;
- Be of legal age and have legal capacity;
- have a valid email address to finalize registration for Espace Leeloo ;
- have an Internet connection with sufficient data transmission speed.
3.2 Purpose of Espace Leeloo :
Espace Leeloo offers its Users a service for issuing and managing cancellation insurance policies online.
Subscription to insurance products and services on Espace Leeloo is only possible after the conclusion of an insurance contract subscribed remotely, signed digitally and whose documentation is accessible in the personal profile created by the User on Espace Leeloo.
The GCU are thus completed by the terms of the documents forming the insurance contract(s) taken out by each User on the Espace Leeloo.
3.3. Availability of Services :
Espace Leeloo is available at any location as long as minimum technical conditions are met, in particular in terms of access to the mobile telephone network, the Internet network and the technical compatibility of the equipment used to access it.
3.4. Withdrawal :
All insurance contracts taken out online via Espace Leeloo benefit from the legal right of withdrawal of fourteen (14) calendar days following the date of receipt of the contractual documents, in accordance with article L.112-2-1 of the French Insurance Code.
Cancellation may be made without having to justify the reason or incur penalties.
Sample waiver letter :
"I, the undersigned, Surname, First name and Address, hereby renounce my subscription to the Passenger Shuttle Ticketing Insurance.
Date and Place, Signature".
The insurance premium paid at the time of enrolment will be reimbursed in full.
However, if the Guarantee is activated during the waiver period, it will no longer be possible to exercise the right of waiver.
4. Warranty
Phenomen is bound to the User only by an obligation of means and provides no warranty, express or implied, including any warranty of quality and fitness for a particular purpose of the Services provided to the User (without prejudice to Phenomen's obligations as an insurance broker).
5. Intellectual property
Espace Leeloo and all of its components (for example, tree structure, trademarks, domain names, texts, images, graphics, sounds, data, software, etc.) are the exclusive property of Phenomen or are used by Phenomen with the authorization of the person who holds the rights, and are subject to French and international legislation. In particular, they are protected by copyright and trademark law.
The User agrees not to infringe any of these intellectual property rights and not to exploit any element of Espace Leeloo without the prior written authorization of Phenomen. Espace Leeloo and all of its components are also protected by the contractual undertakings set forth in the GTU.
In particular, the User undertakes not to reproduce, modify, alter, distribute, transmit, give away, rent, sell or generally exploit all or part of Espace Leeloo, by any process and on any medium whatsoever, without the prior written authorization of Phenomen. In particular, the following are prohibited: (i) any text or data mining activity, (ii) the use of a robot or data vacuum cleaner or any other tool allowing the automated extraction of all or part of the content of Espace Leeloo, and (iii) the substantial extraction of all or part of the content of Espace Leeloo.
By placing content online on the Espace Leeloo, the User automatically grants Phenomen a license to use this content for the needs of managing the Espace Leeloo, and this for the entire world and for the time necessary to manage his/her account.
The User declares that the copyrights thus granted do not infringe the rights of third parties and are not the subject of any claim.
Finally, the User guarantees Phenomen against any claim of any nature whatsoever that may arise in relation to the ownership of the rights granted, whether in relation to intellectual property rights, image rights, unfair competition or parasitism, and undertakes to reimburse Phenomen for any sums it may be ordered to pay in this respect.
6. Responsibility of Phenomen
Phenomen makes its best efforts to ensure the proper functioning of the Leeloo Space and Services, within the limits of liability set forth in the GCU.
6.1. Access to Espace Leeloo :
Phenomen makes every effort to ensure quality access to the Espace Leeloo, which is in principle accessible 24 hours a day, 7 days a week. As the obligation is one of means, Phenomen cannot undertake to achieve this result. Thus, Phenomen declines all responsibility, without this list being limitative, in the event of interruption of Espace Leeloo (for example following maintenance operations or due to technical problems), in the event of computer viruses and more generally in the event of direct or indirect damage caused to the User, whatever the nature, resulting from access to or use of Espace Leeloo (including in the event of illicit use following identity theft).
6.2. Public content of Espace Leeloo :
Phenomen cannot provide any guarantee, express or implied, concerning the accuracy of the information presented on the Espace Leeloo of which it is the author. Consequently, Phenomen cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on Espace Leeloo.
6.3. Force majeure :
Phenomen cannot be held responsible or considered to have breached the GCU due to any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by French jurisprudence. It is also agreed between the parties that the notion of force majeure also includes the interruption, suspension or reduction of electronic communications networks, as well as all events beyond the control of Phenomen.
7. Rights and responsibilities of the User
7.1. Liability :
Use of Espace Leeloo is made under the sole and entire responsibility of the User. The User is solely responsible for the information communicated via Espace Leeloo. In the event of abnormal use or illicit exploitation of Espace Leeloo, the User shall be solely liable for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.
The User also waives the right to exercise any recourse against Phenomen in the event of legal action taken by a third party against the User as a result of the use and/or illicit exploitation of the Espace Leeloo.
In general, the User undertakes to comply with all regulations in force in France. In such a case, PHENOMEN reserves the right to take action against the User for unlawful use of Espace Leeloo.
7.2. Contents :
The User agrees not to use the Leeloo Space to (i) publish, transmit, share, store or otherwise make available any content that is contrary to public policy, harmful, threatening, illegal, defamatory, unauthorized, abusive, offensive, malicious, fraudulent, invasive of privacy or publicity rights, inciting violence, racial or ethnic hatred or otherwise objectionable, (ii) create multiple Accounts or impersonate any third party, (iii) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or electronic communications, and (iv) publish, transmit, share, store or otherwise make available any content that is unlawful or contrary to public policy.
The User is solely responsible for the content he/she includes on Espace Leeloo, in particular any content that may be offensive or illegal or that may infringe the rights of third parties.
7.3. Access and security :
It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.
For any difficulty or claim, the User may contact Phenomen at the following e-mail address: contact@getleeloo.io
7.4. User's personal data :
By using Espace Leeloo, the User acknowledges having read the privacy policy, which can be consulted at the following link: https: //getleeloo.io/politique-de-confidentialite/
The privacy policy also includes the Espace Leeloo Cookie Usage Policy.
The User has the right to consult, free of charge, the data hosted on Espace Leeloo and any other information concerning him/her. He also has the right to rectify any errors or to delete his data, in accordance with the provisions of the French Data Protection Act (Loi Informatique et Libertés).
8. Specific terms of use for third-party platforms and tools
In addition to the GCU, the User undertakes to comply with the general terms and conditions of service of the platforms providing access to Espace Leeloo and third-party tools used by Espace Leeloo (for example, Stripe, for online payment).
The use of these third-party platforms and tools by the User leads to the collection and processing of personal data for which Phenomen cannot be considered as the data controller as defined by the amended law n°78-17 of January 6, 1978 relating to data processing, files and freedoms. See https://getle eloo.io/politique-de-confidentialite/
By using Espace Leeloo, the User declares that he/she has read and agrees to the general terms and conditions of service of the platforms providing access to Espace Leeloo and third-party tools used by Espace Leeloo (available on their websites). PHENOMEN cannot be held responsible for any damage resulting from the use of these third-party tools.
9. Hyperlinks
Phenomen specifies that the use of hypertext links may lead the User to other websites or applications independent of Espace Leeloo, for which Phenomen is in no way responsible.
In the same way, the insertion of hypertext links to all or part of Espace Leeloo is authorized, on a non-exclusive basis and revocable at any time, without Phenomen having to provide any justification and on condition that this link cannot create a misleading, false or pejorative character against Espace Leeloo or be prejudicial to it. Phenomen reserves the right to object to this authorization.
Phenomen cannot be held responsible for any direct, indirect or incidental damage resulting from access to or use of information from third-party sites.
10. Claims
10.1. What is a claim?
A claim is a statement by which the User informs Phenomen of his/her dissatisfaction. It relates to the execution of the mission of issuing and managing insurance contracts.
10.2. How do I send a complaint to Phenomen?
Phenomen makes every effort to offer a quality service to the User.
Despite our vigilance, difficulties may arise. If the User wishes to express his/her dissatisfaction and address a complaint to Phenomen, he/she may :
- Write to the following address Phenomen - 141 avenue de Wagram, 75017 Paris ; or
- Send an e-mail to the following address: reclamation@getleeloo.io
His or her request will then be examined by the Phenomen team in charge of handling complaints.
10.3 How are complaints handled?
- All claims are carefully studied by Phenomen's services.
- Phenomen acknowledges receipt of the User's complaint within a maximum of ten working days from the date it is sent.
- A detailed reply will be sent to the User within two months of the first written expression of dissatisfaction.
- PHENOMEN also undertakes to follow up any complaints received.
- If the User is not satisfied with the response given, or if no response has been received within the agreed period, the User may refer the matter to the mediator Institut d'Expertise d'Arbitrage et de Médiation ("IEAM"). The Mediator may be contacted in any case two months after the first written complaint has been sent, regardless of the person or department to whom it was sent. Referral to the Mediation officer is free of charge. It can be made in the following ways: by post : Médiateur l'Institut d'Expertise d'Arbitrage et de Médiation ("IEAM") - Palais du Tribunal de Commerce de Paris, 1 Quai de Corse 75004 Paris. Offices & secretariat located at 31bis-33 rue Daru 75008 Paris; or by e-mail at the following address ieam-paris@ieam.eu or by telephone at +33(0)1 42 27 28 83.
- Claims relating to contracts taken out by private individuals via the Internet may be submitted to the European Online Dispute Resolution platform, accessible at https://webgate.ec.europa.eu/odr.
- In the event of a definitive disagreement, the User has the option of bringing the matter before the competent courts.
10.4. Control authority
PHENOMEN is subject to the supervision by the Autorité de Contrôle Prudentiel et de Résolution, 4 place de Budapest 75436 Paris Cedex 09.
11. Final provisions
If any part of the TOS should be found to be void, invalid or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall remain in full force and effect. The terms declared non-existent will then be replaced by the terms that most closely resemble the content and meaning of the cancelled clause.
The official language of the GCU is French. In the event of any difference, inconsistency or conflict between this version and any translated version, the French version shall prevail. The GCU are governed exclusively by French law. Any dispute arising from the use of Espace Leeloo shall be submitted to the competent courts of Paris.
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