Version from 14 March 2013
MyBestPro SAS is an electronic communications operator registered with the Electronic Communications Regulatory Authority and Posts (l'Autorité de Régulation des Communications Electroniques et des Postes – hereinafter “ARCEP”), pursuant to the provisions of Article L.33-1 of the Post and Electronic Communications Code (hereinafter “CPCE”).
As part of its business as operator and administrator of the platform, MyBestPro SAS offers Tools (“Tools”) to Members.
Under the aforementioned Terms and Conditions, the Registration of the Member on the Platform implies acceptance of the Ancillary Policies.
1. Material: Material that the Member has at his/her disposal, with minimum configurations, as described in Article 4 of this document.
2. Any software tool proposed to Members of the Platform by MyBestPro SAS:
Registration as a Member on the Platform is mandatory prior to the first use of any Tool. For this, the Member must proceed to the creation of his Personal Account using the registration form available on the Site. Registration is subject to the conditions detailed in Article I.2 of the Terms and Conditions.
The Conditions remain in force between MyBestPro SAS and the Member for an indefinite period.
The Member must imperatively possess Material equipped with the following minimum configurations:
The Member agrees to be solely responsible for the installation, operation and maintenance of his/her equipment. The equipment must be approved and must comply with the provisions of the CPCE and to the current regulations.
The use of internet connection with an entry speed greater than 128 kbs and an exit speed of 128 kbs is highly recommended. MyBestPro SAS is not responsible for the quality of the telephone line of the Member which is provided by the telephone operator to which he/she is a subscriber according to the provisions of Article L.121-83 of the Consumer Code.
The aforementioned access conditions may change under the conditions described in Article 9 hereof.
Irrespective of the Tool(s) used by the Member, the latter is expressly advised of the following limitations:
With the exception of the telephone, all access to online Tools will be discontinued in the event of interruption of the high-speed internet connection of one of the Members.
The Tools are provided over a public network (the internet) and according to the IP protocol.
MyBestPro SAS grants the Member the right to use the Tools made available on an individual, non-exclusive and non-transferable basis.
The right of use begins as soon as the Member has clicked on the Software user interface made available to him/her.
Phone2Phone is a Paid Tool for each Member whose rates are available on the Site.
In order to respond to any technical questions asked by Members and to help the latter in solving any problems related to the use of a Tool, MyBestPro SAS offers a helpdesk service to effectively solve the problems that the Members are likely to encounter. Thus, the Member may report a problem in accessing a Tool by contacting Customer Service.
In the case of unavailability, the recovery period for a Tool will vary depending on the problem encountered, but will not exceed a maximum period of forty-eight (48) hours.
MyBestPro SAS provides the Tools reserved for Members “as is” and no warranty or express condition is given.
The Member acknowledges that it is not possible to guarantee that the Tools reserved to Members will satisfy performance requirements or that they will function without discontinuity or bugs.
MyBestPro SAS reserves the right to suspend access to a Tool for maintenance or upgrade reasons. MyBestPro SAS is committed to preventing, insofar as possible, the Member from experiencing any cuts, suspensions, or more generally, from any maintenance operation or update planned for a Tool.
MyBestPro SAS reserves the right to modify or upgrade the functionality of the Tools as well as access conditions, as defined in article 3 hereof.
MyBestPro SAS may be required to provide new Tools, taking into account technological developments or market expectations.
MyBestPro SAS declares to be vested with the rights on Tools.
The use of a Tool implies compliance with intellectual property rules as set out in article I.6. of the Terms and Conditions.
Any infringement, or act likely to be qualified as such, which is the act of a third party and of which the Member has knowledge, should be reported to MyBestPro SAS who will prosecute the reported case.
MyBestPro SAS will implement, to the best of its ability and subject to technical constraints, all the means at its disposal to provide the Member with reliable services free from defects. MyBestPro SAS is committed to do its utmost to make the Tools continuously available without interruption, within the limits of unforeseen technical problems or maintenance needed for their operation, in the case of force majeure or events beyond the control of MyBestPro SAS.
MyBestPro SAS will take all necessary steps to ensure the permanent and continuous operation of Tools.
MyBestPro SAS will take all necessary precautions in order to avoid an interruption to the access of Tools subject to the provisions in article 3 hereof.
In any event, MyBestPro SAS cannot incur liability, particularly in the following cases:
In any event, in the hypothetical case where MyBestPro SAS would assume responsibility, in the context of providing a Tool, the amount due to the professional Member is capped at £200.
9.2.1. Use of the Tools
The Member is solely responsible for any incidental or consequential damages, material or immaterial, caused by him in connection with the use of Tools including, in particular, damages resulting from:
The Member is notified that the fact of using non-compliant materials, particularly “pirate maps” allowing access to Tools other than those provided by MyBestPro SAS, is likely to be considered a criminal offence.
9.2.2. Compliance with applicable laws and regulations
The Member agrees to comply with the laws and regulations so as not to undermine public order and good morals or the rights of others. Thus, the Member agrees, without limitation, that no data transmitted during the use of the Tools:
9.2.3. Software Infringement
The Member is prohibited from:
The Member cannot claim access to sources of the Software.
However, the Member is informed that he/she can, within a reasonable period of time, obtain from MyBestPro SAS the necessary information for the interoperability of the Software by sending a considered and detailed request pursuant to article L.122-6 of the Intellectual Property Code and in accordance with article I.6. of the Terms and Conditions.
In the case of complaints, regardless of the nature, the Member must address the request directly by post to the following address: “Customer Service, MyBestPro 1-5 rue du 8 Mai 1945 92110 Clichy, France.”
In all correspondence, electronic or postal, addressed to MyBestPro SAS, the Member agrees to mention his/her full name, e-mail address and username in order to allow their identification and to treat their requests. Incomplete applications will not be processed by MyBestPro SAS.
The Member is already informed that any complaint resulting from improper use of a Tool will not be taken into account, the Member being solely responsible in this case, in accordance with the provisions contained in article 9.2 hereof.
Records and backups made on the Platform, such as login details to the Platform, may be requested by a judicial authority under legal obligations and are therefore retained by MyBestPro SAS.
THESE CONDITIONS ARE GOVERNED BY FRENCH LAW. ANY DISPUTE CONCERNING TRAINING, INTERPRETATION, EXECUTION OF THESE AND THE CONSEQUENCES OF THE TERMINATION OF THESE CONDITIONS WILL GIVE RISE TO LOOKING FOR A FRIENDLY SETTLEMENT BETWEEN THE PARTIES.
HOWEVER, IN THE CASE OF FAILED NEGOTIATIONS OR MEDIATION, THE DISPUTE SHALL BE BROUGHT BEFORE THE HIGH COURT OF PARIS, EXCEPT WHERE SUCH ALLOCATION OF CONVENTIONAL JURISDICTION IS NOT ENFORCEABLE TO THE MEMBER.
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