Article 1 – General Informations
SB Square company whose registered office at Avenue de la Tenderie 5, 1300 Wavre, Belgium, listed on the B.C.E. Under N°0604.998.896 (hereinafter « SB Square ») manages and operates mobile application GONESTOR available on the App Store « IOS » version or Play Store version « Android » (Google) and on the website www.gonestor.com (hereinafter « GONESTOR »).
SB Square is only an intermediary between the Users. Each user has his/her own public profile (hereinafter the « Profile ») visible on GONESTOR, which corresponds to their account. This profile is visible to any user who consults GONESTOR. In order to assess the reliability of users, SB SQUARE makes available to them a system of « ratings » / « feedbacks » (in the form of individual recommendations) to enable them to assess the person with whom they deal at the end of the transaction or during it.
SB Square reserves the right to modify and update at any time without notice these Terms, GONESTOR access and to their content. All these modifications apply to users at each access to GONESTOR. SB Square recommends consulting them regularly (refer to the date of update on top of this document). SB Square reserves the right to suspend or discontinue at any time GONESTOR. In this case, it publishes a notice on GONESTOR or sends an email.
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Article 2 – Informations regarding Mangopay
The GoNestor integrated payment service is provided by SA Leetchi Corps. (Hereinafter « Mangopay »). Leetchi Corp. S.A. is a public limited liability company incorporated under Luxembourg law. The Issuer is listed under number B173459 in the Luxembourg Trade and Companies Register. The Issuer is authorised to conduct its business in certain European Member States under the freedom of establishment, as an electronic money institution approved by the Luxembourg Financial Sector Supervisory Commission, whose address is at 110 route d’Arlon L-1150 Luxembourg. SB SQUARE cannot be held liable for errors, negligence, or omissions resulting from this payment system.
Article 3 – Accessing GONESTOR and its features
Before enrolling, to use GONESTOR application, the user goes first using his/her smartphone on the Apple App Store (hereinafter the « App Store ») to download « IOS » version application. GONESTOR the application can also be downloaded via Google Play (« Android »). The terms relating thereto shall apply. SB Square cannot be held responsible if the smartphone is not compatible with the GONESTOR application or if the downloaded version of the application GONESTOR is inadequate for the smartphone.
Article 4 – Obligations of the User
4.1. User generated content
The User has the ability to upload content on GONESTOR (hereinafter the « Content »). SB SQUARE does not guarantee that the information contained on GONESTOR is complete, accurate, adequate and reliable or that they comply with applicable law or violate any third party rights. SB SQUARE expressly disclaims any responsibility for the Content posted by users on GONESTOR. User acknowledges that he/she is solely responsible for the Content that is online and the consequences of its spread. The User represents and warrants that he/she has all the necessary authorizations for the launch of the Content and its dissemination. The User therefore undertakes not to communicate, upload, or display the Content on which third parties could be right holders (including the right to respect for privacy and image rights, especially regarding photographs), unless the prior express authorization of such third parties. The User guarantees SB SQUARE against any action or complaint of third parties (including public authorities) relating to such Content. The User agrees to respect the laws, regulations and codes of conduct, and in particular to refrain from:
– publishing or sending content or false or misleading communications, (and to update the content, if any, to ensure it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, misleading, infringing of another’s privacy, offensive, harmful, threatening, harassing, defamatory, constituting an offense to a right of intellectual property or to any other right, or encouraging or participating to one of these things ;
– Soliciting personal information from other users ;
– Disclosing or making available to third parties any username, password, secret code or similar information, or using them for purposes other than identification on GONESTOR ;
– Providing email addresses to SB SQUARE or a third party without the prior consent of the persons concerned ;
– Publishing or sending content of any third party without having obtained their prior consent;
– Publishing or sending content violating the rights of third parties or prejudicing in any way whatsoever ;
– Publishing or sending content which leads to illegal websites or websites containing inappropriate content ;
– NESTOR used for direct marketing purposes, including prospecting, canvassing, advertising or sale of products or services ;
– Using GONESTOR for sending junk mail, unsolicited, pyramid or similar or fraudulent method ;
– Any action which may have the effect of disturbing the functioning of GONESTOR, including the use of worms, viruses, software bombs or mass mailings ;
– Attempting to violate unauthorized access to any part of GONESTOR or equipment used for the operation of GONESTOR ;
– GONESTOR used to harass another user or attempt to contact a user who asked not to be contacted ;
– Using a false name, pseudonym, or claiming the identity of another person or entity ;
4.2. Friendly use of GONESTOR
The User agrees to use GONESTOR for its intended purpose only, to the exclusion of any other purpose. The User is responsible for the use of access to his/her account. In this respect, the user must ensure that no other person will have access to GONESTOR with his/her password. In the event that the user is aware that another person accesses GONESTOR with his/her password, he/she informs SB SQUARE promptly by email to the following address: email@example.com The User is fully and solely responsible for all activity with his/her account and SB SQUARE shall not be liable for any loss or damage the User may have suffered as a result of the unauthorized use of his/her password by another person, even without the knowledge of the user. The User agrees to give correct opinions and notations to avoid harm to the evaluation system implemented by SB SQUARE. The user does not attempt to contact another user outside the platform to propose him/her a service whereas this request for service was sent by the latter on GONESTOR. The User agrees to make any clarifications/updates necessary so that the description provided is true to the service actually delivered and not misleading. He/she agrees to withdraw his/her proposal if he/she no longer wishes to provide/receive the Service. The User agrees not to send emails to other(s) User(s) to guard against another User.
Article 5 – Intellectual property rights
and its components (trademarks, logos, graphics, photographs, animations, videos, music, text, etc.) are the property of SB SQUARE or its partners. They are protected by intellectual property rights (including copyright and related rights, trademarks, etc.) and may not be reproduced, distributed or used in the absence of prior written permission of SB SQUARE or, where applicable, the rights holder concerned, doing so will constitute a copyright infringement offense, and/or designs and/or brands, punishable by three months to three years and a fine of 100 to 100,000 euros or one of these penalties.
SB SQUARE gives hereby, the User, a licence, non-exclusive, non-transferable, revocable and indefinite for a period at any time without giving any reason, to access the contents of GONESTOR, view and download only for display purposes. User may also print a copy of the content displayed on GONESTOR for his/her personal needs, subject that alter in any way the content of GONESTOR and he/she retains all mentions of paternity and origin of GONESTOR. The User also undertakes not to circumvent the technical devices of document protection and multimedia elements. Reproduction is therefore permitted only in strictly private purposes.
Any use of GONESTOR and its components not covered by those rules is strictly prohibited.
5.4. To enable SB SQUARE to use different information in the announcement published by the User, the latter shall grant SB SQUARE a non-exclusive, free, without time or territory limit with the right to sublicense, for use, exploitation and disclosure of these elements, in any existing media or about to be. If applicable, this licence will remain in effect for the entire term of protection of these elements.
SB SQUARE cannot be held responsible if any part of the content of the ads was resumed on another existing or future media unwittingly, without written authorization from it.
Article 6 – Liability related to GONESTOR
6.1. Accessibility and operation
SB SQUARE will ensure, to the extent possible, that GONESTOR is current and remains accessible to a normal number of Users. However, SB SQUARE does not guarantee that the functions of GONESTOR will be available uninterrupted or error free, that defects will be corrected or GONESTOR and the server that makes if available are free of viruses or other harmful components. SB SQUARE maintains, moreover, the right to suspend or discontinue all or part of GONESTOR at any time, without notice. SB SQUARE cannot be held responsible for any loss and/or damage of any nature whatsoever arising from any suspension, interruption, disturbance (technical), slowdown, difficulty accessibility and/or termination of access to all or part of GONESTOR or viruses or other harmful elements present on GONESTOR. If the user finds the presence of a virus or other harmful elements on GONESTOR, he/she is invited to communicate to SB SQUARE to the following address: firstname.lastname@example.org so that necessary action can be taken. SB SQUARE advises in any case the User to install on his/her computer firewalls, antivirus and other protection software necessary to prevent any damage thereto.
6.2. Using of GONESTOR
The User uses GONESTOR at his/her own risk. GONESTOR, its components and all information, software, facilities, related services are provided as is, available without warranty of any kind (expressed or implied) and within the limits of applicable law. SB SQUARE disclaims any liability for loss or damage (direct, indirect, tangible or intangible) resulting from the use of GONESTOR and its components, or inability to use GONESTOR.
6.3. Links to and from other websites
Hypertext links to other websites may be on GONESTOR. Also, some websites can include a link to GONESTOR. The linked websites are not controlled by SB SQUARE, which assumes no responsibility for their operation, their content and their use. Unless expressly stated by SB SQUARE on GONESTOR, the existence of such links does not imply approval of SB SQUARE on these websites or the use that could be made, or any association or partnership with the operators of these websites.
Article 7 – Validity of contractual clauses
Article 8 – Governing Law and Jurisdiction