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Legal Information
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Efalia Engage, a simplified joint-stock company, located at 17, rue Meslay, Paris 75003, France (“Efalia Engage”), offers a community engagement software for public and private entities, along with support and advisory services, according to the present general terms of use ("General Terms").
Our mission is to create trust and support through open and collaborative consultation processes: education and information before the consultation, feedback methods afterwards, all of which allow participants to be better involved in the decision making process.
The capitalized terms shall have, either the definition given herein, or the following definition, used in plural or singular.
These GTCs and the Specific Terms as applicable to the Customer, set out the conditions under which Efalia Engage provides the following Services :
For Citizens: access and use of the Interface.
For the Customers:
By subscribing to the Services, Customer acknowledges having received all necessary information and answers to its questions from Efalia Engage which has allowed Customer to evaluate the adequacy of the Services to its needs.
The User hereby agrees to:
Any use of the Services requires that the User read and accept the General Terms and Conditions. User acknowledges that the use of these Services requires compliance with all provisions contained herein.
Registration of the User on the App and any access and use of the Interface, constitutes the User’s the full and complete acceptance of the General Terms and Conditions in their then current version. User’s acceptance is confirmed by clicking the relevant box by Users when registering or in case of subsequent modifications of the GTCs.
The User shall have access to the then current version of the General Terms and Conditions which shall be located at the bottom of each page of the App and Users may download and/or print them.
The General Terms and Conditions may be modified at any time and for any reason by Efalia Engage.
In case of any modification to the General Terms and Conditions, the revised version of the General Terms and Conditions will be brought to the attention of Users at their next use of the Services through a banner or a pop-up window at which time the revised GTCs will have to be accepted before any further use of the Services. User agrees that any changes to the General Terms and Conditions are effective upon publication on the Application. Any use of the Services after any changes to the General Terms and Conditions constitutes express acceptance by the User.
The User may, at any time, stop using the Services. However, the User will remain liable for any prior use.
Before using the Services, the User shall confirm the compatibility of its hardware, equipment, and devices (“Hardware”) with the Services. User hereby confirms that it has internet access with a sufficient speed and Hardware sufficient to access and use the Services. All costs related to access to the Services, are exclusively borne by the User who is solely responsible for the proper functioning of its Hardware and its Internet access and connection.
To access the Services, a User must log in by using its e-mail address and password (the “Login Details“). If it is not yet registered, the User must create an account and log in by providing a valid email address and a password that will be used to log in, access its account and access and use the Services. When creating the account, the User must fill-in a specific registration form and must complete all mandatory fields. An incomplete registration will not enable a User to access the Services.
When creating an account, the Citizen shall provide the following personal information: last name, first name, date and place of birth, address and interests. Registration will result in the creation of an account and of a dedicated space that allows the Citizen to use the Services and select an Interface/Page, to publish content, and follow related activities.
Login details are personal and shall not be shared with any third party. The User shall keep its discussions and online publications secured. The User shall not disclose to any third party its Login Details. The User agrees to change its password regularly and at least once every ninety (90) days.
Because Login details allow Customers to access their accounts, including the Dashboard, the Customer may share the same Login Details between several members of the staff, provided that it complies with the conditions provided herein including the confidentiality and security of the Login details.
Access and use of the Services is free of charge for any Citizen having access to the internet or a mobile network. The registration of a Customer requires subscribing to the Services pursuant to the conditions described below.
The Customer shall elect a subscription plan to the Services as indicated in the Specific Terms.
Except as otherwise set forth in the Specific Terms, the Customer shall subscribe to the Services for a fixed period of twelve (12) months, which shall be automatically renewed for successive twelve (12) month periods, unless one of the Parties notifies the termination of the subscription by certified letter with acknowledgment of receipt ninety (90) days before the end of the then current period.
The price for the Services is as set forth in the Specific Terms. Efalia Engage will send an invoice to the Customer for the period as set forth in the Specific Terms, when the Customer subscribes to the Services. Unless otherwise agreed, Efalia Engage invoices the Services in advance for the next twelve (12) months. Each renewal results in the issuance of a new invoice sent to the Customer by either mail or email.
Unless otherwise agreed, Efalia Engage’s invoices shall be paid by bank transfer within thirty (30) days from the date of invoice.
In case the Customer disputes an invoice, the notification of dispute must:
In case of a dispute involving only a portion of the invoice, Customer agrees to and shall pay the undisputed portions of the invoice prior to the due date.
Pursuant to article L.441-6 of the French Commercial Code, in case of late payment, Efalia Engage will charge five (5) times the legal interest rate on late payment calculated on a daily basis from the date due for payment until the date payment is made in full plus the applicable VAT as well as a fixed recovery fee of € 40 (forty euros) on top of the fees and expenses actually incurred should these be higher than the above fixed fee, without any prior notice. If the interest rate on late payments defined above was to be lower than the minimum rates set out in Article L441-6 of the French Commercial Code, the surcharge for late payment will be calculated on this minimum rate. Interests are capitalized in accordance with the provisions of article 1343-2 of the Civil Code.
In case the Client fails to pay on the due date and without prejudice to any action for damages, Efalia Engage may suspend access to the Services, including access to the Interface and the Dashboard, and even to terminate the subscription, without giving rise to its liability and without prejudice for its right to claim damages.
Efalia Engage may, in its sole discretion, provide additional services to a Customer, such as support during its digital transformation or training. Any additional services such as training, shall be subject to separate terms and conditions and shall only be ordered via a specific order form and/or a specific invoice on the basis of Efalia Engage’s then applicable prices.
The Interface and the Services are available twenty four (24) hours a day and seven (7) days a week, except in case of a Force Majeure Event (as defined in Section 23.3 below)..
Efalia Engage may, without notice, no compensation, close or suspend temporarily or definitively all or parts of the Services to implement updates, conduct maintenance operations, modifications or make changes to operational methods, repair servers, etc. This list is not limitative.
Efalia Engage shall make good faith efforts to provide the Services and shall not be held liable for damages of any kind that may result from these changes and/or temporary unavailability or the definitive suspension of all or part of the Services.
In case of disruption of the Services, the User may contact Efalia Engage’s customer service for information, by e-mail at the following address: [email protected].
In addition, Efalia Engage retains the right to change, improve or modify, at any time, its Services in its sole discretion. If new features are added, Efalia Engage will inform the Client that any new features may be subject to additional fees.
When Efalia Engage provides maintenance services to the Customer, it does not include any diagnosis and/or corrections of any Error that would result from:
Efalia Engage may, in its sole discretion, provide maintenance for the foregoing situations, and provide any service or assistance that is not expressly included in the Services or for which it has not expressly committed to act. In these cases, any maintenance will be invoiced at Efalia Engage’s then applicable rates when the maintenance is provided.
Maintenance does not include the correction of an Error that cannot be duplicated by Efalia Engage.
Customer shall inform Efalia Engage of all Errors as soon as they are detected and provide Efalia Engage with all information necessary to duplicate the Error.