The IKENZY platform is designed with the aim of facilitating contacts and commercial exchanges between professionals and the business world in import - export at the international or national level in all agro-food or non-food sectors as well as all professional categories….
For the IKENZY platform, certain features are accessible free of charge by Members and other features are chargeable and accessible only to Subscribers.
Article 1. Definitions
Article 2. Access, registration and subscription
2.1. Procedure and conditions for accessing and registering for the Services
Registration for the Services is free. The means allowing access to the Services as well as the costs incurred by their use are the sole responsibility of the Visitor, Member or Subscriber.
It is specified that a Member cannot create several Accounts with the same email address.
Once registered, the Member completes his Profile, the information being provided on an optional or compulsory basis, where applicable. This information is published on the Site and disseminated to other Members through the Services. The dissemination by the Member of his personal details (email address, postal address, telephone, etc.) is expressly prohibited by IKENZY (see article 5.1 below).
When the necessary conditions for registration are met, each Member has a strictly confidential and personal username and password allowing him to access his Account.
The Member or Subscriber is responsible for the use of identification elements by third parties or for actions or statements made through his Account, whether fraudulent or not, and guarantees IKENZY against any request to this title, except in the event of fault exclusively attributable to IKENZY or technical failure of the Services. Furthermore, IKENZY is not obligated and does not have the technical means to verify the identity of persons registering for the Services. If the Member or Subscriber has reason to believe that a person is using their identification details or their Account, they must immediately inform IKENZY.
2.2. Procedure and conditions of subscription
Subscription to the Services, with or without Option, is chargeable. The Member has the possibility of taking out a Subscription and, thus, of becoming a Subscriber and benefiting from the features specific to the type of Subscription chosen.
Article 3. Right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the Subscriber is informed that he has fourteen days from the day of taking out a Subscription to exercise his right of withdrawal, without penalty and without reason For the withdrawal to be effective, the Subscriber must send his request before the expiry of the fourteen-day withdrawal period.
The Subscriber can, if he wishes, immediately access the Paid Services without waiting for the end of the withdrawal period, in accordance with Article L.221-25 of the Consumer Code. A specific button is available on the payment confirmation page.
If the Subscriber does not wish to have immediate access to the Paid Services, he can leave the Site after validation of his payment and wait for the expiry of the fourteen day period. However, if the Subscriber connects to his Account and uses the Services before the expiration of this period, this first connection after taking out a Subscription constitutes an express request from the Subscriber to have immediate access to the Services. Paying.
In any case, immediate access to the Services does not deprive the Subscriber of his right of withdrawal, which continues to run until the expiry of the fourteen day period. However, the Subscriber who has requested to benefit from the Paid Services before the end of the withdrawal period must pay an amount proportional to his use of the Services. IKENZY will then reimburse the Subscriber for the price of the Subscription minus the amount corresponding to the number of days elapsed between the day of the first use of the Subscription and that of receipt by IKENZY of the withdrawal request, it being specified that any day started is due.
The refund will be made within fourteen days from the date on which IKENZY was informed of the Subscriber's decision to withdraw, by the same means of payment as that used by the Subscriber for the initial transaction, except contrary instruction from the latter.
Article 4. Functionalities of the Services
4.1 Free features available to Members
Registration for the Services allows you to become a Member and gives access to certain free features. The functionalities are not the same depending on the Services and may change over time. Free registration does not allow you to use all the features of the site. Depending on the Services and subject to any restrictions defined by Members, the free functionalities include in particular the creation of the Profile, certain search functionalities, consultation of the Profiles of other Members. Communication with other Members generally requires the purchase of a Subscription.
4.2 Paid features accessible only to Subscribers
The purchase of a Subscription gives access to the functionalities described on the Site. If necessary, additional Options can be taken out. The functionalities specific to these Options are also described on the relevant Site.
Article 5. Services
5.1. Obligations of IKENZY related to the Services
The purpose of the Services, including the Paid Services, is not the provision of access to the Internet, nor the provision of an electronic communication service to the public. Consequently, the IKENZY platform does not control the real identity of Members or Subscribers when they connect to the Sites. Furthermore, they do not exhaustively control or moderate content of any kind.
5.2. Obligations of Members and Subscribers
The provisions of this article apply from registration or subscription and remain applicable throughout the duration of use of the Services, without prejudice to the provisions of article 9 "Termination".
As part of the use of the Services, the Member or Subscriber undertakes to comply with the laws in force, to respect the rights of other Members and Subscribers, as well as to comply with the obligations defined below.
5.2.1. General obligations:
The Member or Subscriber has, in general, the obligation to:
• Behave in a fair manner with regard to IKENZY and other Members and Subscribers;
• Respect the intellectual property rights relating to the content provided by IKENZY as well as by other Members and Subscribers;
• Measure that he himself defines the scope of his private life and that it is his responsibility to communicate, via the Services, only information which he considers that the dissemination on the Services can not be detrimental to him.
5.2.2. Fundamental Obligations:
The Member or Subscriber has, in general, as fundamental obligations (hereinafter, the "Fundamental Obligations"):
• Use the Services in accordance with their purpose for professional, commercial
• Not to post, indicate or disseminate, in any form whatsoever, false information or content;
• Refrain from all comments or content that violate the rights of others or that are defamatory, abusive, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, all comments or content contrary to the 'object of the Services, the laws and regulations in force, the rights of persons or good morals. In particular, photographs and all information, data or files provided by a Member or Subscriber to IKENZY must be the sole responsibility of the Member or Subscriber concerned;
• Do not harass other Members or Subscribers;
• Not to mention on the Sites any personal information provided by a Member or Subscriber to IKENZY (email address, postal address, telephone, etc.) that could allow a Visitor, Member or Subscriber to contact another Member or Subscriber without using the Services;
• Not to post, indicate or disseminate, in any form whatsoever, information or content having the effect of reducing, disrupting, preventing normal use of the Sites and Services, interrupting and / or slowing down the normal circulation of communications between Members and / or Subscribers via the Services, such as software, viruses, logic bombs, massive sending of messages, etc. IKENZY reserves the right to delete messages that are sent massively by a Member or Subscriber in order to preserve a normal quality of use of the Services.
• Use their confidential passwords and Member or Subscriber pseudonyms according to their strict purpose of authenticating to the Services. In this regard, the Member or Subscriber must not, without this list being exhaustive, communicate, disseminate, share, make accessible, in any way and for any reason whatsoever, his passwords and / or identifiers. to any third party.
Any breach of the Fundamental Obligations thus defined constitutes a serious breach of the Member or the Subscriber of his contractual obligations.
In accordance with article 9 "Termination", in the event of a breach by a Member or by a Subscriber of one or more of the Fundamental Obligations, IKENZY may terminate the contract and permanently delete the Account (s) of the Member or Subscriber concerned within the '' whole IKENZY platform and its Services
Article 6. Price, terms of payment and renewal
6.1. Prices and payment terms for Paid Services
Prices and payment terms are described on the Sites. Payment is made either by credit card (on the internet or on a mobile service) or by means of an online payment service (PayPal, Stripe etc.) depending on the options offered on the relevant Site. Prices are in euros .
If an Option linked to a Subscription is taken out during the Subscription, the Subscriber immediately benefits from the advantages of the Option. The Subscriber is then billed on a pro rata basis for the period from the day of subscription to the Option until the end of the current Subscription.
6.2. Subscription renewal terms
At the end of each period of validity, the Subscription will be renewed for periods equivalent to that initially chosen, unless terminated by the Subscriber under the conditions indicated. In some cases, shorter renewal periods may apply as identified on the Site at the time of subscription. Upon renewal, the Subscription will be billed to the Subscriber on the non-discounted rate basis (full rate), Options included.
Under Articles L 215-1 and L241-3 of the Consumer Code, “For contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by letter personal name or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract concluded with a tacit renewal clause . This information, delivered in clear and understandable terms, mentions, in an apparent box, the termination date. When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within 30 days from the date of termination. , after deduction of the sums corresponding, up to this, to the performance of the contract. The provisions of this article shall apply without prejudice to those which legally subject certain contracts to specific rules concerning consumer information. In the absence of reimbursement under the conditions provided above, the sums due are productive of interest at the legal rate ".
Thus, IKENZY will inform the Subscriber, by email sent at the earliest three months and at the latest one month before the end of the initial Subscription, of the renewal of his Subscription and, where applicable, of the Options subscribed, as well as of the possibility of terminating them free of charge under the conditions indicated.
In addition, information on the expiration of a Subscriber's Subscription is provided to Subscribers in the "My Account" section, which allows them to manage their Subscription and, if applicable, the cancellation of the automatic renewal.
Article 7. Liability and Guarantee
7.1. Operation of the Sites and Services
To use the Services, the Member or Subscriber must have the skills, equipment and software required to use the Internet or mobile applications of the Services. IKENZY implements security measures in the use of its Services. However, the Member or Subscriber acknowledges that the characteristics and constraints of the Internet do not guarantee absolute security on the Internet.
The Member or Subscriber must have the equipment, including the software and the appropriate settings, necessary for the proper functioning of the Services: the most recent version of the Internet browser, activation of the Java script functions, reception of session cookies and acceptance. the display of “pop-ups” windows.
IKENZY does not guarantee that the Services will be usable if the Member or Subscriber uses a "pop-up killer" utility or equivalent; in this case, this function must be deactivated before using the Services.
IKENZY does not guarantee that the Services will be usable
7.2.2. IKENZY cannot be held responsible for the accuracy or inaccuracy of the information and content provided by other Members, other Subscribers and / or the Member or the Subscriber himself, nor for the consequences arising from the use of this information and content. Likewise, IKENZY cannot be held responsible for content disseminated by a Member or Subscriber likely to infringe the rights of one or more other Members, Subscribers or third parties and for which IKENZY would provide proof that it was not. informed by a Member, Subscriber or by a third party or would not have had actual and prior knowledge of it before its dissemination or that it would not have committed any fault in the performance of its contractual obligations under the Conditions of Use.
IKENZY can only be held liable by a Member or Subscriber in the event that certain and definitive proof is established of a fault committed by IKENZY or by one of its subcontractors, having been the sole cause of '' an effective and direct damage caused to the Member or the Subscriber. Where applicable, IKENZY will be responsible for demonstrating that it has not committed any fault in the performance of its contractual obligations. IKENZY will not be liable for any damage suffered by the Member or Subscriber when caused by the latter or when it results from a case of force majeure.
7.2.3. The quality of the Services required both by IKENZY and by its Members and Subscribers presupposes respect for a certain ethics in the expression and behavior of Members and Subscribers, respect for the rights of third parties, as well as respect for the laws and regulations in force. force. In the service of this demand for quality, individual responsibility and ethics, the IKENZY platform allows any Member and Subscriber to report any content (photography, text, video), behavior or comments of a Member or of a Subscriber who appear to him to infringe the laws and regulations in force, the image or object of the Services, the rights of a third party.
7.3. External links and resources
IKENZY is solely responsible for the hypertext links it creates within the Sites and Services and does not exercise any control over the Third Party Sites and external sources (third party sites or mobile applications, social networks, etc.) to which the hypertext links redirect. accessible on the Sites and the Services. IKENZY cannot be held responsible for the provision of links directing to External Sites and cannot bear any responsibility for the content, advertising, products, functionalities, services or other elements available on or from these Third-Party Sites which it does not it would not have been informed, beforehand and effectively, of their manifestly unlawful nature, by means of a notification in accordance with the provisions of Article 6.I.5 of Law No. 2004-575 as in force on the 1st January 2017. It is recalled that the consultation and use of Third Party Sites are governed by the conditions of use of these, and that they are carried out under the full responsibility of the Member or Subscriber.
Article 8. Suspension of the Profile - Deletion of the Account - Termination of the Subscription
8.1 Suspension of the Profile
Each Member or Subscriber may at any time request the suspension of their Profile, in particular via the "My Account" section dedicated to this purpose, in order to
Article 9. Options and Packages
When Options or Packages are offered to Members and Subscribers on the Sites, specific general conditions apply. You can consult them on the pages describing the Options or Packages
Article 10. Personal data
The personal data of Members and Subscribers are processed in accordance with the confidentiality policy applicable to IKENZY.
Article 11. Entire Convention
12.1 Modification of the Services
IKENZY may develop and modify the content and / or functionalities of the Services at any time in order to improve their quality. The Member or Subscriber will be informed of the nature of these evolutions or modifications as soon as they are posted on the Sites.
Article 13. Request and Complaint
For any request or complaint relating to a subscription, the Member or Subscriber can contact IKENZY by email to Customer Service, taking care to indicate their personal identifiers.
Article 14 - Applicable law - Disputes
In accordance with the rules applicable to mediation, the Member or Subscriber must, before any request for mediation, have previously notified the dispute in question to IKENZY in writing in order to obtain an amicable solution.
Article 15: Solution editor & Hosting
# Software publisher: INTELLIGENT SYNERGY
N ° 1 Hay Anfa, La Colline - Mohammedia - Grand Casablanca - Morocco / [email protected]
# HOSTING Contabo
Contabo GmbH - Aschauer Straße 32a - 81549 München - Germany / [email protected]
/ www.contabo.com / 089 212 683 72