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Terms and Conditions

These General Conditions (“GC”) are concluded between the company “TAKAGREEN”, SAS FANAST with a capital of €45 whose head office is located at 333 rue Lucette and René Desgrand 60 Villeurbanne, registered with the RCS of Lyon under the number B 69100 839 988
on the one hand, and the Customer on the other hand.

These General Conditions are applicable to all uses of the TAKAGREEN platform and are intended to govern the contractual relationship between the company SAS FANAST TAKAGREEN and the Customer.

By using the TAKAGREEN platform, the Customer agrees to comply with the General Conditions in force without any reservations. The Customer is encouraged to consult the latest version of the General Conditions available by clicking on the General Conditions link.

SAS FANAST TAKAGREEN reserves the right to modify these General Conditions at any time. If significant changes are made, they will be notified to the Customer by email.

ARTICLE 1 - DEFINITIONS

In the context of these General Conditions, the following terms with a capital letter will have the meaning given to them below, except in a specific context:

– CUSTOMER means the legal or natural person who subscribes to an online paid offer on the TAKAGREEN platform (Services);

– USER means any natural or legal person who has a USER ACCOUNT on the TAKAGREEN PLATFORM;

– CUSTOMER AREA means any creation of a valid account and subscription to an online paid offer by the CUSTOMER on the TAKAGREEN PLATFORM allowing access to TAKAGREEN services. The services of the TAKAGREEN PLATFORM allow, among other things, to record the details of USERS or VISITORS and to consult different indicators;

– USER SPACE means any creation of a valid account on the TAKAGREEN PLATFORM allowing access to TAKAGREEN services;

– OFFER means a subscription to a paid pack online on the TAKAGREEN PLATFORM by the CUSTOMER. The CUSTOMER is not authorized to transfer his OFFER to a third party;

– PLATFORM means “www.takagreen.com” the TAKAGREEN website, the exclusive property of SAS FANAST TAKAGREEN;

– VISITOR means any natural person who visits the PLATFORM to consult the content and information published on the PLATFORM without being registered there or prior to registering on the PLATFORM as a USER or CLIENT;

– TAKAGREEN means the company SAS FANAST, a simplified joint stock company with a capital of €45 whose head office is located at 333 rue Lucette et Réné Desgrand 60 Villeurbanne, registered with the RCS of Lyon under number B 69100 839 988.

ARTICLE 2 – GENERAL PRESENTATION

TAKAGREEN is an online PLATFORM for connecting CUSTOMERS (providers of eco-responsible solutions) and USERS or VISITORS. 

To use the PLATFORM, the CUSTOMER, the USER, the VISITOR must have a device allowing him to connect to the internet.

The TAKAGREEN PLATFORM is made available to CUSTOMERS in accordance with these General Conditions. The TAKAGREEN PLATFORM provides its CUSTOMERS with a CUSTOMER AREA to post advertisements aimed at highlighting their eco-responsible products or services, intended for VISITORS and USERS. The TAKAGREEN platform also allows its CUSTOMERS to register USERS.

The TAKAGREEN PLATFORM is made available to USERS in accordance with these General Conditions. The TAKAGREEN PLATFORM provides its USERS with a USER SPACE to submit requests / calls for projects for CUSTOMERS. 

The TAKAGREEN PLATFORM is made available to VISITORS in accordance with these General Conditions. The TAKAGREEN PLATFORM provides VISITORS with a free online search engine. 

The CUSTOMER acknowledges having verified the adequacy of the TAKAGREEN PLATFORM to his needs and having received all the information necessary for his understanding of the tool, and for the creation of a CUSTOMER SPACE and the subscription of an OFFER. To this end, the CUSTOMER has the option of contacting, by email, TAKAGREEN support at any time, and requesting a demonstration of the PLATFORM by a member of the team.

ARTICLE 3 – CREATION OF A CUSTOMER OR USER AREA 

The VISITOR can register on the TAKAGREEN PLATFORM and thus become a CUSTOMER by subscribing to an OFFER and creating his CUSTOMER SPACE. 

The VISITOR can register on the TAKAGREEN PLATFORM and thus become a USER by creating his USER SPACE. 

For each creation of CUSTOMER SPACE or USER SPACE, the CUSTOMER or USER must complete an online registration form with mandatory fields (Name, first name, company, postal address, email address, etc.). 

Are eligible to become USERS and / or CUSTOMERS, all natural and legal persons who are legally capable of contracting and who have read and accepted these General Conditions.

When the conditions necessary for registration are met, the USER and the CLIENT have an identifier (“login”) and a password. They are strictly personal and confidential. This information will allow each USER and CLIENT to connect to their own space. USERS and CUSTOMERS are responsible for the loss or theft of their password. TAKAGREEN encourages USERS and CUSTOMERS to change passwords regularly and to choose passwords with specific letters, numbers and characters.

The USER and the CUSTOMER agree to update on his space the information communicated during the creation of his space on the TAKAGREEN PLATFORM. 

In the event of dissemination or use of these elements in a manner contrary to their intended purpose, TAKAGREEN shall be free to terminate access to the USER AREA or the CUSTOMER AREA. The USER and the CUSTOMER remain solely responsible for the use of these identification elements by third parties or for the actions or declarations made through his USER SPACE or CUSTOMER SPACE as a USER or CUSTOMER, whether they whether fraudulent or not.

The USER and the CLIENT guarantee TAKAGREEN against any counterclaim in the desire to obtain compensation in this respect.

The TAKAGREEN Company reserves the right to delete any Account that does not comply with these General Conditions. The USER and CLIENT whose Account has been deleted or blocked for violation of these General Conditions are prohibited from creating a new Account.

ARTICLE 4 - INTELLECTUAL PROPERTY

The TAKAGREEN PLATFORM is an original creation, benefiting as such from copyright protection (article L. 111-1 of the CPI). TAKAGREEN is and remains the holder of all intellectual property rights relating thereto.

These General Conditions do not operate any transfer of intellectual property rights for the benefit of the Customer.

The TAKAGREEN Company grants the Customer for the duration of this Contract and in strict compliance with the conditions of execution of the selected Services, a personal, non-transferable and non-exclusive license to use the Software, for the whole world.

In particular, it is strictly forbidden for the Customer:

– to carry out any form of reproduction or representation of the Software or its documentation;

– to alter or mask in any way whatsoever the trademarks, distinctive signs, mentions of paternity affixed to the Software;

– to modify or seek to circumvent any protection device of the Software.

USERS acknowledge that any information relating to the PLATFORM constitutes the exclusive property of TAKAGREEN, which is the sole holder of the rights relating to the PLATFORM and ensures its updating and maintenance.

USERS and CUSTOMERS acknowledge that they are free to use their own photos and/or logos on the platform, and are responsible for doing so.

In accordance with article L. 122-4 of the Intellectual Property Code, any reproduction, distribution or publication of content for commercial or collective use without the prior written authorization of TAKAGREEN is prohibited.

The mechanism for sharing links, on social networks or otherwise, is authorized when the pages relating to the PLATFORM appear in an entire and isolated window, under their respective addresses.

All USERS or CUSTOMERS are prohibited from using the PLATFORM for commercial purposes and generally from offering products and services in return for direct or indirect remuneration; they are prohibited from offering for resale or making available to a third party and/or other USERS or CUSTOMERS, for payment and/or free of charge, access to the PLATFORM and the services offered on the PLATFORM.

USERS or CUSTOMERS use the PLATFORM and the services offered on the PLATFORM in a completely independent manner and their registration on the PLATFORM and the collection of Donations do not constitute, vis-à-vis TAKAGREEN, any relationship of subordination, agency, de facto or joint venture or representation.

ARTICLE 5 – PROTECTION OF PERSONAL DATA

In accordance with Law No. 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018 relating to the protection of personal data, and in application of the General Regulations of the European Union on Data Protection (RGPD), the company TAKAGREEN has implemented a policy for the protection of the personal data of the USER and the CLIENT. 

The TAKAGREEN Company is committed to ensuring that the collection and processing of data from the site and mailings comply with the general data protection regulations (RGPD) and the Data Protection Act. To this end, TAKAGREEN undertakes to collect the strictly necessary data, to list their purposes and the mandatory or optional nature. If you wish to obtain information, you can contact the company TAKAGREEN by email at the following address: [email protected]

Only persons who have completed the form containing all the information requested on the PLATFORM, who have a valid e-mail address, and who have consented to these General Conditions can become USER and/or CUSTOMER holders of a USER SPACE and/or CUSTOMER SPACE on the platform. 

The USERS and/or the CUSTOMER undertake to complete the registration form by providing exact information to the TAKAGREEN Company, which may terminate this registration at any time and without notice in the event of violation by the USER and/or or the CLIENT of its obligations. This information is limited to the Company, Surname, First name, Country, email address, telephone number, website, etc. 

Registration is necessary in order to take full advantage of the services offered by the PLATFORM. The TAKAGREEN Company may also ask its USERS and/or CUSTOMERS for additional information during specific operations (surveys or promotional offers). The collection of personal information during the registration of USERS and/or CLIENTS is intended to allow access to the services available on the PLATFORM and to improve the USER and/or CLIENT experience. 

The TAKAGREEN Company and, where appropriate, the technical organizations involved in the implementation of the services offered on the PLATFORM for the purposes of PLATFORM usage statistics or improving the conditions of service provision, are the only recipients of personal information. collected.

In addition, the TAKAGREEN company may be required to disclose personal data when it is necessary for the identification, arrest or prosecution of any individual likely to harm or infringe (intentionally or not) the rights or to the property of the TAKAGREEN company, to other users, or to any other person who risks being penalized by such activities.

ARTICLE 6 – OBLIGATIONS OF THE PARTIES

Article 6.1 – Obligations of the Service Provider

The TAKAGREEN company grants CUSTOMERS and USERS a non-exclusive right to access and use the TAKAGREEN PLATFORM.

TAKAGREEN undertakes to implement all necessary means to ensure the proper performance of its obligations. The TAKAGREEN company will endeavor to provide permanent access to the platform 24 hours a day, 24 days a week except in the event of suspension, maintenance or force majeure.

TAKAGREEN is committed to providing quality service with diligence, in accordance with the professional practices of its activity.

TAKAGREEN undertakes to take the necessary measures to guarantee the security and confidentiality of the information communicated by the USER and/or the CLIENT, not to alter or use this information for any purpose other than that of the platform.

Article 6.2 - Customers' obligations

The CUSTOMER undertakes to provide TAKAGREEN with all information useful for the proper performance of the service. As such, the CUSTOMER must provide the TAKAGREEN company which requests it, with any information allowing it to have, in particular, a good knowledge of its needs and the usefulness that the service presents for it.

The CUSTOMER also undertakes to collaborate fully with the company TAKAGREEN for the smooth running of the service.

The CUSTOMER agrees to pay the price of the OFFER for an amount defined by the company TAKAGREEN and within the time limit.

ARTICLE 7 – CUSTOMER COMMITMENTS AND DURATION OF THE CONTRACT

The CUSTOMER commits for six (6) months or twelve (12) months by subscribing to an OFFER. This commitment will then be renewed by tacit agreement, on the anniversary date of the subscription, for the same duration previously subscribed. The CUSTOMER has the possibility of modifying his OFFER by a higher or lower OFFER by simple written request to send by e-mail the following address: [email protected].

ARTICLE 8 – SUSPENSION AND TERMINATION OF THE OFFER

TAKAGREEN reserves the right to automatically suspend the execution of this contract, without the CUSTOMER being able to ask it for any compensation, in cases where:

– a payment incident would have been recorded against the CLIENT;

– an act or attempted act of unlawful use of the Software has been observed and is attributable to the CUSTOMER.

The suspension of services (inaccessibility of the personal account) will take effect immediately from the date of sending by the company TAKAGREEN to the CLIENT of a formal notice sent by registered letter with request for acknowledgment of receipt, except in a particular emergency requiring a shorter time frame.

During the duration of the suspension, the contractual stipulations not affected by the suspension remain in force. The suspension will be maintained for thirty (30) days and if, at the end of this new period, the CLIENT still does not respect his obligations, the CONTRACT may be terminated by the company TAKAGREEN without formality. The suspension cannot give rise to the payment of damages by the company TAKAGREEN to the CLIENT.

This contract may also be terminated by either Party in the event of breach of one or other of its obligations.

The termination will take place thirty (30) days after the date of the first presentation of a formal notice notified by registered letter with acknowledgment of receipt by the services of La Poste, to the defaulting Party, indicating the reason for the termination. and the intention to apply this termination clause, which has remained in whole or in part without effect.

In the event that the CUSTOMER wishes to terminate his subscription before the end of the term, he undertakes to perform all of his obligations and pay the price agreed between the parties. No early partial refund can be granted.

ARTICLE 9 – FINANCIAL CONDITIONS AND TERMS OF PAYMENT

TAKAGREEN OFFERS are available on the website www.takagree.com and communicated to the CUSTOMER before any subscription to the chosen OFFER, additional requests from the CUSTOMER, any applicable taxes. TAKAGREEN reserves the right to make promotional OFFERS which may differ from the price policy communicated to the CLIENT.

In order to activate his CUSTOMER AREA, the CUSTOMER must pay for the OFFER as defined on the PLATFORM page: www.takagreen.com/deposer-une-annonce. All prices stipulated in the OFFERS are exclusive of tax (HT)

The company TAKAGREEN reserves the right, in the event of non-payment by the CLIENT of the OFFER, to suspend access to the platform until receipt of the sums due.

Invoices are issued electronically, which the CLIENT expressly accepts. The list of invoices is available on the CUSTOMER AREA or on request by email at the following address: [email protected] The CUSTOMER undertakes to inform the company TAKAGREEN of any change of email or any other information necessary for payment. Any dispute concerning an invoice will be the subject of a registered letter with acknowledgment of receipt within one (1) month from the date of the invoice. In the absence of such a letter, the Customer is deemed to have accepted the invoice.

The TAKAGREEN Company reserves the right to update its price policy at any time. Nevertheless, the prices applicable to CUSTOMERS at the time of subscription are guaranteed for the entire duration of the OFFER until renewal. The CUSTOMER is free not to renew if he does not accept the new prices.

ARTICLE 10 – EXCLUSION OF WARRANTY

TAKAGREEN excludes all warranties other than those provided, by the law in force, applicable to the commitment of the OFFER. No guarantee will be able to play in the event of non-payment of the service or early termination by the customer.

ARTICLE 11 – CONFIDENTIALITY

The Parties agree to consider as strictly confidential the data and/or information, regardless of the form or medium, which has been expressly qualified as confidential by the other Party. It being specified that CUSTOMERS' data is confidential information.

Each party undertakes to take all necessary measures to keep confidential the information of any kind communicated to it as such by the other party throughout the duration of the subscription, or of which it becomes aware during the subscription.

The Parties undertake to use this information only for the purposes of performing their obligations. Similarly, the parties undertake not to use, for their own account or for that of a third party, directly or indirectly, all or part of this information.

Information which is or will be in the public domain or of which one party had legitimate knowledge on the date of its communication by the other party, is not covered by these general conditions.

Each Party may, at the end of the subscription, request the deletion of any document containing confidential information entrusted to it by the other party and not keep any copies, by email to the following address: [email protected]

The confidentiality commitment of the parties is valid throughout the duration of the subscription and after the end, whatever the reason, for a period of 1 (one) year after its end, whatever the cause.

ARTICLE 12 - FORCE MAJEURE

The obligations of the Parties will be automatically suspended in the event of force majeure, as defined in article 1218 of the Civil Code.

None of the parties can be held responsible for its delay or failure in the performance of its obligations if this delay or this failure is due to the occurrence of an event beyond its control, which could not have been reasonably foreseen. at the time of subscription and the effects of which cannot be avoided by appropriate measures.

Each party must inform the other party, without delay and by registered letter with acknowledgment of receipt, of the occurrence of such a case when it considers that it is likely to compromise the performance of its obligations.

In the event of the occurrence of such a case of force majeure, the subscription will be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure persists beyond a period of thirty (30) days, the parties must come together to discuss a modification of the OFFER.

In the absence of an agreement between the parties within thirty (30) days and if the case of force majeure persists, each of the parties shall have the right to terminate the subscription as of right, without any compensation being due. by either party, by registered letter with acknowledgment of receipt or by email to the following address: [email protected], addressed to the other party. 

However, if upon the occurrence of the case of force majeure, it appears that the delay justifies the resolution of the OFFER, it is automatically resolved and the parties are released from their obligations under the conditions provided for by articles 1351 and 1351-1 of the Civil Code.

ARTICLE 13 - LIABILITY

ARTICLE 13.1 – RESPONSIBILITY OF THE TAKAGREEN COMPANY

The TAKAGREEN company takes the greatest care with regard to the operation and maintenance of the PLATFORM, and for this purpose only uses information and technical means that it deems reliable. However, TAKAGREEN does not guarantee error-free and uninterrupted operation of the PLATFORM, nor the accuracy or updating of its content. The TAKAGREEN company expressly declines any liability in this respect. Furthermore, TAKAGREEN may modify the content and functionalities of the PLATFORM without notice and therefore asks USERS and/or CUSTOMERS to refer to it regularly. Unless expressly provided otherwise, any new feature that improves or increases one or more existing services, or any new service launched by the company TAKAGREEN on the PLATFORM will be subject to the General Conditions;

TAKAGREEN cannot be held liable, except for gross negligence or fraud, for any act or omission, non-performance, partial performance or delay in the performance of its obligations in relation to the damage or loss suffered directly or indirectly by the USER. and/or CLIENT due to an act or omission of another USER and/or CLIENT or any other person related to the latter;

TAKAGREEN cannot be held liable to a USER and/or CLIENT or to any third party for any deterioration, suspension or interruption of services attributable to Force Majeure, to the fact of a user or a third party, as well as only to the inevitable hazards that may arise from the technique and the complexity of the implementation of the services;

VISITORS, USERS, and/or CUSTOMERS are solely responsible for all the content they transmit on the PLATFORM and the resulting consequences. Thus, VISITORS, USERS, and/or CUSTOMERS guarantee not to transmit content constituting a violation of Intellectual Property Rights, an attack on persons (in particular defamation, insults, insults, etc.), respect for privacy, an attack on public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). The transmission of said content is strictly prohibited. In the event of violation of the laws in force, morality, the present conditions of use or for any other reason freely interpreted, the company TAKAGREEN reserves the right to exclude for a limited period or in a definitive manner the USERS and/ or CUSTOMERS who are guilty of such offenses and to delete information and references to this information;

TAKAGREEN strives to keep the PLATFORM accessible 24 hours a day, seven days a week, but is not bound by any obligation of result. TAKAGREEN may therefore interrupt access to the PLATFORM, in particular for reasons of maintenance and upgrading. Access may also be interrupted for any other reason. The company TAKAGREEN can in no way be held responsible for these interruptions and the consequences that may result from them for the USERS and/or CUSTOMERS or any third parties. It is also recalled that TAKAGREEN may terminate or modify the characteristics of the PLATFORM at any time, without notice. Under no circumstances can TAKAGREEN be held responsible for any loss or deterioration of this data. Any information or advice provided by TAKAGREEN cannot be interpreted as any guarantee. In addition, hypertext links may lead to a consultation of external websites managed by third parties. On these websites, TAKAGREEN has no control and assumes no responsibility for their content;

TAKAGREEN is not obliged to do or refrain from doing anything that would violate, or which in its reasonable opinion would force it to violate, any law or regulation, or duty of confidentiality;

The company TAKAGREEN can in no way be held responsible for any damage whatsoever, whether under contractual liability, quasi-tort or for any other reason, due to any action committed or any fact occurring after the date expiration or termination hereof.

The TAKAGREEN company must perform its service in accordance with the rules of the art of its activity. 

In any case, the CUSTOMER cannot be held responsible:

– Damage caused to the USER due to the non-performance of his obligations;

– Damage caused to the USER due to a case of force majeure.

Article 13.2 – RESPONSIBILITY OF USERS

All information provided by a USER hereunder is accurate and current in all material respects as of the date it is provided or, as the case may be, the date to which it relates.

The USER guarantees TAKAGREEN against any recourse by any person (including USERS, VISITORS, and more generally, third parties) concerning the reproduction and dissemination of this content and information.

The USER does not breach any of the legal, regulatory and administrative provisions applicable to him and failure to comply with which would affect his ability to meet his obligations hereunder. In particular, the User holds all the rights relating to the content and information provided to the TAKAGREEN Company and to Visitors.

ARTICLE 14 - GENERAL PROVISIONS

In the event that one or more provisions contained in the General Conditions are declared null or void, regardless of the reason, the validity of the other provisions herein shall in no way be affected.

Unless otherwise stipulated, the General Conditions contain in a complete and exclusive manner all the terms applicable to the subject matter hereof and cancel and replace all previous negotiations, communications, declarations and commitments, whether oral or written, between the Parties. as to the subject matter hereof.

The failure of either party to request the execution of one or more of the provisions of this contract can in no way be interpreted as a waiver of the application of these provisions.

At the expiration of this contract, for any reason whatsoever, each party shall immediately return to its co-contracting party all the documents, materials and information communicated during the execution of this contract and which would be their property or which would explicitly participate or implicitly to the continuity of their operation.

No waiver by either Party to avail itself of any of its rights under the terms of the contract shall not constitute a waiver for the future of said rights.

The Parties agree that any exchange between them under the contract by e-mail will be worth exchange in writing and will be valid as evidence that can be produced in court.

TAKAGREEN is expressly authorized to mention and reproduce the CLIENT's name, brand or trade name as a reference in the context of its commercial dealings with third parties, in particular prospects.

ARTICLE 15 - APPLICABLE LAW

The General Conditions of Sale are subject for their validity, their interpretation and their execution to French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

In order to jointly find a solution to any dispute that may arise in the performance of this contract, the contractors agree to meet within three days of receipt of a registered letter with acknowledgment of receipt notified by one of the two parts.

This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause will be declared inadmissible.

However, if at the end of a period of three days, the parties were unable to agree on a compromise or a solution, the dispute would then be subject to the jurisdiction of the courts of Lyon. 

For the execution of these presents as well as their consequences, the Parties respectively elect domicile at their registered offices.

ARTICLE 16 – LEGAL NOTICES

Director of publication: Marine Jacquier
Company contact details: 60 rue Lucette et René Desgrand, 69100 Villeurbanne
Email address : [email protected]
SIREN number: 839988078

Last modification : September 2022