Model General Terms and Conditions of Service (GTS)
Article 1 - General provisions and purpose of the TOS
The following document (GTS) governs the relationship between you as a customer and our company when you interact with our website https://firstissue.goodbarber.app and/or our TissueFirst application.
Browsing and/or interacting with our website and/or our application means that you accept these TOS without reservation or objection.
Our company has the right to modify or adapt these TOS at any time and without prior notice. These T&Cs are applicable as soon as they are published on our website and/or application and/or sent by any means.
Please read these TOS carefully before using, interacting with or accessing our website and/or application.
By accepting these TOS you certify that you are at least of legal age in your country, state or province of residence. If you are a minor, you certify that you have all the rights and authorisations from your legal representatives or legal guardians. If you have not reached the age of majority then you must not use our Services.
You must not use our Services, website and/or application unlawfully or for any unauthorised purpose.
You must not attempt to hack, tamper with the use of the features of our Services, send viruses or conduct or attempt to conduct attacks against our Services. Nor must you attempt to undermine the integrity of our services.
Article 2 - Content and intellectual property
The content of our Services may or may not be accessible free of charge. Access to some of our content may require you to be logged in to your account or to have a valid subscription (IAP, restricted content or sections).
If some of our content requires you to have an account or to be identified, please refer to Article 4 "Registration process" to find out how to access our Services.
The content of our Services is for personal, non-commercial use only. All content available on our Services is protected by copyright and/or intellectual property rights.
In addition, some of our content may be protected by other rights such as patents, trademarks, industrial and commercial secrets, database rights, sui generis rights or other intellectual property rights.
Users of our Services are not authorised to reproduce, in whole or in part, all or part of the content made available through our Services. Users are prohibited from reproducing logos, names, visual identities or any other distinctive sign, and are also prohibited from producing any copy or reproduction or service copy of our Services.
The user undertakes not to modify, copy, translate, sell, exploit or transmit, whether free of charge or not, any content, text, images, drawings, audio content, podcasts or any other content available on our Services.
Article 3 - Subscription and payment (duration, recurring payment, automatic renewal)
TissueFIRST app is free to download and free to use.
If you have purchased your subscription from a third party such as Google Play, Apple App Store or any other third-party service, these GTS may not apply to you. In this case your contractual relationship will be governed by the contractual documents in force between you and this third party.
Our Company will not be responsible for any problems or difficulties concerning IAPs that are carried out via these third parties.
Restoring your subscription, content and In-App Purchases (IAP)
Article 4 - Registration process
Our Company may not require our customers to register in order to access all or part of the application and/or website.
Each user must register individually. The user agrees not to share his/her account and login details with anyone else.
We reserve the right to cancel or suspend access to our Services if you share your identifiers with third parties.
Article 5 - Guarantees
The content of our Services is provided to our users "as is" and "without warranty of any kind", we cannot guarantee that the content made available is accurate, free from error or omission or true. Users access our Services "at their own risk".
Our company shall not be held liable if the content is inaccurate or erroneous.
Article 6 - Moderation of content (chat, comments and other) and user-generated content
If users upload to our website and/or application, post or send any type of content on our Services, you certify that you have all the necessary rights and authorisations.
You must refrain from publishing, distributing or uploading any content that is considered abusive, false news, obscene, pornographic or illegal. Furthermore, you must not usurp the identity of third parties or use a false identity in order to serve yourself or publish content on our Services.
You must not use our Services to transmit any type of virus, cryptolocker, ransomware or spyware.
Users undertake not to threaten or verbally abuse other users or send spam on our Services. Users shall use respectful language and shall refrain from discriminating on the basis of religion, race, nationality, gender or sexual preference, age, disability or any other characteristic. Hate speech is prohibited.
Our Company reserves the right to delete, modify, censor or remove content generated by the customer or their account if any of the above rules are violated. This will be done without justification or prior warning. The customer will not be compensated under any circumstances.
Article 7 - Liability
Our company shall not be held liable in the event of network problems, viruses, external access, fraudulent use of means of payment or any other type of technical problem or fraudulent access.
Article 8 - Third-party and external links
Some of the content accessible on our website and/or application may include content from third parties or external sources. Third-party links on our website and/or application may take you to external sites which are not under the control of our Company and which have no connection with our Company. We are not responsible for checking the accuracy of the content emanating from third party or external sites.
Our Company is not responsible for any damage or misuse when accessing third party sites or using external links on our site and/or application.
Please read our privacy policy to find out how we manage third-party sites and links.
Article 9 - Disclaimer of warranty
By using our website and/or application you warrant to us that we shall not be liable if the data on our Services is not accurate, true, complete or correct. The information and data on our Services are for illustrative and informational purposes only, and users should not make decisions based solely on our content. Users should therefore seek other sources before taking any significant action. You access our Services "at your own risk".
Our Company reserves the right to modify and/or remove any content on our Services without notice, but our Company has no obligation to update the content available on our Services.
In addition, our Company does not warrant that use of our Services will be error-free, secure or uninterrupted. The user agrees that we may withdraw services from time to time and add new services without notice.
Our Services are provided to our users "as is" and "as available" without warranty of any kind.
In no event will our employees, staff, agents or trainees be liable for any loss, claim, damage, direct or indirect, consequential or punitive damages of any kind. This includes any loss of profit, loss of income, loss of data whether based on contractual or extra-contractual liability.
Article 10 - Indemnification
As a customer of our company, you agree to indemnify, defend and hold us harmless from any claim or demand, including attorney's fees, made by any third party due to your breach of these GTS or any other document binding you to our company.
Article 11 - Severability
If any part, section or document of these TOS or any other binding document between you and our company is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severable from these TOS; such determination shall not affect the validity and enforceability of the remaining provisions.
Article 12 - Termination
All obligations and liabilities of the parties which have accrued prior to the date of termination shall survive the termination of this agreement.
These GTC shall remain in force unless terminated either by our company or by the user.
The user may notify our company that they no longer wish to use our services or they may simply cease using and/or accessing our Services, websites and/or applications.
Our company may terminate this contract at its sole discretion, at any time and without prior notice, with the customer remaining liable for any amount still owed to our company.
Article 13 - Applicable law and jurisdiction
In accordance with the applicable regulations on the protection of personal data, and in particular European Regulation 2016/679, known as the GDPR, and French Law no. 78-17 of 6 January 1978, known as the "Informatique et Libertés" law, you have the right to access and rectify your personal data.
Any question arising from these GTS concerning, but not limited to, their validity, interpretation, performance, consequences and so on, shall be pleaded before the competent court.
Article 14 - Contact
If you have any questions about these General Terms and Conditions, you can contact us directly at the following address: webmaster@grouepnp.com