Terms and Conditions of Use

1 Definitions :

In order to avoid any misunderstanding or discussion in the event of a dispute, the following definitions set out the contractual meaning of the terms used in the general conditions of use.

The website of
“defipourlenvironnement.org” website
 will be referred to as “the Site” in this document.

The general conditions of use will be referred to as the GCU.

RGPD : (General Data Protection Regulation) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Personal data Data protection: within the meaning of Article 4.1 of the RGPD: “any information relating to an identified or identifiable natural person (hereinafter referred to as a “data subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an identifier…”.

Data Controller : within the meaning of Article 4.7 of the RGPD: “the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller may be designated or the specific criteria applicable to his designation may be laid down by Union law or by the law of a Member State;”

Treatment : as defined in Article 4.2 of the RGPD: “any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;”

2. Preamble :

The “Site” offers 2 types of use:

  1. The “Site” provides access to information about the environment and articles whose content is reserved for members of the association. Membership is online.
  2. “The Site offers the possibility of receiving donations that will be dedicated to the cause of the environment and sustainable development.
  3. The “Site” is a free and temporary initiative, enabling people concerned about the environment to create events and find participants who will sign up and take part in the event.

The (Terms and Conditions) of “the Site” define the rights and obligations of event organizers and event participants.

By accepting the TOS, you agree to abide by the rules set forth in order to have the right to access and use the services offered on “the Site”.

As long as you use “the Site”, you must comply with these Terms and Conditions.

Information received before accepting the GTCU

  1. By accepting the GCU, you acknowledge that you have fully understood all the explanations provided to you on “the Site” or by any other means, regarding compliance with the precautions.
  2. By accepting these T&Cs, you acknowledge that you have obtained all the information you required concerning the organization and use of the services offered.

3. Creating an event on “the Site”:

  1. On “the Site”, you can publish events that allow you to invite volunteers or participants to register, in compliance with legal and regulatory texts. Any publication contrary to public order or morality, in particular by the insertion of elements such as, but not limited to, any publication of a pornographic or paedophilic nature, or any content inciting violence or glorifying terrorism, or having the character of a call to murder or incitement to racial hatred, or infringing the privacy or personality rights of others, will give rise to the implementation of the necessary legal remedies.
  2. “However, you acknowledge that you have been informed that, in accordance with French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, and in particular articles 6-2 and 6-3 thereof, “the Site” is not subject to “a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek out facts or circumstances revealing illicit activities”.

3 If you notice the presence of advertisements likely to infringe the rights of third parties, you undertake to inform us as soon as possible in accordance with article 6.5 of the aforementioned law.

4. Vigilance of personnel benefiting from “the Site” :

  1. The “Site” acts solely as a platform for centralizing event offers and facilitating registration for these services.
  2. As a mere intermediary, ” le Site ” cannot guarantee the security and reliability of all offers, and it is therefore the responsibility of the beneficiaries, as on any ad site, to respect all the security rules that apply when using dematerialized services: not communicating passwords or codes (credit card or other), ensuring the minimum checks, etc.
  3. For their part, event organisers must carry out the necessary checks to ensure that participants registered for their event meet the required guarantees (i.e. suitability to take part in the event).

5. Operation of “the Site” :

  1. Internet access is provided by Internet Service Providers (ISPs) or cell phone operators if you connect with mobile devices.
  2. These “ISPs” are solely responsible for any malfunction of the connection enabling you to access “the Site”.
  3. “In particular, certain updates may make “the Site” unavailable for short periods.
  4. By accepting the GCU, you waive the right to hold “the Site” liable for any such occasional inconveniences necessary for the development and proper operation of the services.
  5. If you need assistance and our online help tools are not enough, you can send an e-mail using the “contact” tab.

6. Compliance with legal and regulatory requirements :

  1. The “Site” is not intended for sale to organizers who are not members of the association. However, on rare occasions, a fee may be charged.
  2. Users are reminded that “no one is supposed to be ignorant of the law”, and that it is not part of the company’s mission to provide exhaustive information on the state of the law concerning their use of the services made available to them.
  3. The legal information provided by “the Site” is therefore intended as a warning and reminder, but cannot be exhaustive given the multiplicity of rules in force. The company cannot be held liable for a lack of legal information concerning compliance with positive law, which everyone is expected to know or seek out before using the services offered.
  4. If there is any doubt as to whether an advertisement complies with the regulations and/or legislation in force, the user therefore assumes the obligation to check the legal position before proceeding with the advertisement.
  5. The “Site” only hosts the event and therefore does not carry out any a priori control of the event’s conformity. By publishing an ad, you assume responsibility for it.

7. Verification prior to declaration or publication on “the Site”:

  1. “The Site cannot systematically verify the rights of third parties prior to publication, particularly intellectual property rights. You therefore guarantee that the publication of content respects the intellectual property rights of their authors as well as any image rights of the subjects concerned, and that “the Site” will be able to use all published content. This right will expire 1 year after the removal of the content concerned, without affecting the rights granted prior to the removal(s).
  2. You agree to indemnify and hold harmless the Company against any and all consequences, including financial, arising from the infringement of intellectual property rights and other third-party rights as a result of the publication of content by you.
  3. The site reserves the right to cancel any event it deems inappropriate for the environment or sustainable development.

8. Limitations of liability of “the Site”:

  1. To engage the responsibility of “the Site” concerning the proper functioning you agree to have to show that it has committed a fault: is held in this respect an obligation of means.
  2. By accepting the GCU, in the event of proven fault on the part of “the Site you agree to limit any financial compensation due to you to direct and foreseeable damages incurred in connection with the use of “the Site”, to the exclusion of any indirect or unforeseeable losses or damages that you or third parties may suffer, such as, for example : any lost profit, total or partial loss, inaccuracy or partial or total corruption of files or data, commercial prejudice, loss of sales or profit, loss of clientele, loss of opportunity, cost of obtaining a substitute product, service or technology, in connection with or arising from the non-performance or faulty performance of obligations, any compensation due by being capped in any event at €500, given the free nature of the service and in view of the simple intermediary role provided by “the Site”.
  3. If a dispute arises between you and “the Site”, the parties therefore agree that the computer registers that contain a trace of their exchanges will serve as proof between them. Ensures that these exchanges are stored under conditions that guarantee their integrity.
  4. If, for any reason whatsoever, one of the clauses of the GCU proves to be inoperative (e.g. nullity, invalidity, etc.), all the other clauses shall nevertheless remain valid.

9. Dispute resolution :

  1. The only law applicable to the GCU is French law.
  2. In the event of disputes between the parties, they agree to meet within 30 days of the dispute arising, at a location within the jurisdiction of the Court of Appeal of the place where the association’s head office is located, or to organize a remote meeting to discuss the difficulties encountered.
  3. During this meeting, the parties must try to find an amicable solution to their dispute(s).
  4. This negotiation phase is a contractual obligation.
  5. If the parties are unable to reach agreement within 15 days of this meeting, they may resort to legal proceedings. Only the courts within the jurisdiction of the Court of Appeal of the place where the association’s head office is located may be seized.
  6. No lawsuit concerning a dispute directly or indirectly related to the GCU may take place more than one year after the claim arose, in accordance with the provisions of article 2254 of the French Civil Code.

10 Content relevance :

If you notice the presence of inaccurate content or content likely to infringe the rights of a third party or violate, in your opinion, a regulatory or legislative provision, please notify us by writing using the “Contact” tab.

Respect for intellectual property All trademarks, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that may be used to operate “the Site” and more generally all elements reproduced or used on “the Site” are protected by current intellectual property laws. They are the full and complete property of the publisher or its partners, unless otherwise specified. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution. Only private use within the family circle is authorized. Any other use constitutes counterfeiting and/or infringement of related rights, punishable under the French Intellectual Property Code.

The reproduction of all or part of this content requires the prior authorization of the publisher or the holder of the rights to this content.

Hyperlinks

“The Site” may contain hypertext links giving access to other websites published and managed by third parties and not by the publisher. The publisher may not be held directly or indirectly liable in the event that said third-party sites do not comply with legal provisions. Hypertext links to “the Site” may only be created with the prior written authorization of the publisher.

 

11.personal data policies

Comments

Comments are not enabled on the site. However, if this does happen, when you leave a comment on our site, the data entered in the comment form, as well as your IP address and your browser’s user agent, are collected to help us detect undesirable comments.

Media

If you upload images to the site, we advise you to avoid uploading images containing EXIF data of GPS coordinates. People visiting your site can download and extract location data from these images.

Cookies

If you go to the login page, a temporary cookie will be created to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when you close your browser.

When you log in, we will set a number of cookies to store your login information and screen preferences. The lifetime of a connection cookie is two days, that of a screen option cookie is one year. If you check “Remember me”, your login cookie will be stored for two weeks. If you log out of your account, the login cookie will be deleted.

By modifying or publishing a publication, an additional cookie will be stored in your browser. This cookie does not contain any personal data. It simply indicates the ID of the publication you have just modified. It expires after one day.

Embedded content from other sites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Content integrated from other sites behaves in the same way as if the visitor were visiting that other site.

These websites may collect data about you, use cookies, embed third-party tracking tools, track your interactions with these embedded contents if you have a logged-in account on their website.

Use and transmission of your personal data

If you request a password reset, your IP address will be included in the reset e-mail.

Data storage periods

For accounts that register on our site, we also store the personal data indicated in their profile. All accounts can view, modify or delete their personal information at any time (with the exception of their login). Site managers can also view and modify this information.

The rights you have over your data

If you have an account, you may request to receive a file containing all the personal data we hold about you, including that which you have provided to us. You can also request the deletion of your personal data. This does not include data stored for administrative, legal or security purposes.

Event submission

An event management extension installed on the site enables organizers of events related to the association’s purpose to submit them.

Users are identified by a WordPress account and are also part of a list of organizers.

The information transmitted is kept for the proper functioning of email notifications.

Terms of use

Association Défi pour l’environnement France

Responsible for publication: Thérèse Moinet as president of the association

Site host contact details :

Company Ligne Web Services

4 Rue Galvani75838 Paris – Cedex 17FRANCE