The terms and conditions hereto (hereinafter the “Terms and Conditions”) apply between the company WINGMIND (hereinafter the “Company”) and any User of the internet website http://www.wingmind.co (hereinafter the “Website”) and/or the beneficiary of the services that are proposed thereto.
Article 1 – Acceptance of the Terms and Conditions
1.1. The User must carefully read the Terms and Conditions before navigating on the Website or using the Services provided. Indeed, by browsing on the Website and/or by using the Service namely by connecting to his/her Account, the User is deemed to have acknowledged, accepted and committed to comply with the Terms and Conditions without reservation. These Terms and Conditions form a contract between the User and the Company.
1.2. The User can, at any time, print and/or save the terms and conditions by clicking on the icon provided for this purpose at the top of the page.
1.3. The Company reserves the right to modify or update the Terms and Conditions at any time, without notice or any particular formality. The fact of navigating on the Website and/or using all or part of the Service after any such modifications to the Terms and Conditions shall constitute the User’s acceptance of such changes. It is therefore the User’s responsibility to regularly check the Terms and Conditions.
Last update: June 2018
Article 2 – Description of the Services
2.1. Services offered on the Website
2.1.1. Article 2 hereto describes all of the services that the Company could potentially offer through the Website which depend on:
- the Services that the Company has chosen to propose to its Users. The Company, in its sole discretion, can decide not to offer certain Services described in Article 2 hereto;
- as the case may be, the scope of the service agreement concluded with the User.
In any case, the Company is subject to a general obligation of means and shall use its reasonable endeavours to ensure permanent access to the Service.
2.1.2. The Service being subject to modification by the Website, are presented for reference. As such, the Terms and Conditions hereto, shall remain applicable to any Service not listed in Article 4.
2.1.3. For maintenance reasons, the Company reserves the right to temporarily suspend, without notice, access and the partial or total operation of the Services, without this interruption opening any rights to compensation for the User or any other third party.
2.2. Blog/ Presentation of the TEAM Index service
The Site provides the User with a Blog available on the “WINGBLOG” tab as well as a detailed presentation of the WINGMIND services.
2.3.1. The Site, if applicable, gives the User access to a questionnaire to which the latter is invited to answer as part of the global service provided by TEAM Index proposed by the Company.
The questionnaire is only available on the Website by means of an internet link provided to the User by email and then by means of a login and password .
2.3.2. Access to the questionnaire is reserved to users having received an email enclosing the internet link thereby granting them access.
2.3.3. The login ID and password are given to the User by the Company.
The Company reserves the right to refuse to set-up or forbid access to an Account to any User for which the Company doesn’t have the information required to provide the TEAM Index Service or if the User has not accepted the Terms and Conditions hereto.
2.3.4. The User warrants, in particular, that he/she is the owner of the electronic address provided that gives him/her access to the questionnaire and that it is a valid email address that the User accesses on a regular basis.
2.3.5. The User Account giving access to the questionnaire is strictly personal. The User is responsible for ensuring that the login and password to access his/her Account stay safe and remain confidential. As such, the User is solely liable for all the acts accomplished in his/her name as a result of their use. In case of loss or fraudulent use of his/her login and/or password, the User undertakes to inform the Company.
2.3.6. The User will be able to access the Questionnaire for a certain period of time that will have been determined in advance by the Company in the email enclosing the internet link to the questionnaire.
2.3.7. The Questionnaire is proposed to the User as part of the Team Index Service Agreement and is therefore only intended for this purpose.
The information and documentation communicated by the Company to the User should not be used by the latter for any another purpose than the one for which the Company has intended it for and must, under no circumstance be transferred to third parties without the prior consent of the Company.
2.3.8.If the Company has legitimate reasons to suspect that the Website’s security is compromised or that an unauthorised use of a User’s identification credentials on the online Services is occurring, the Company shall deactivate temporarily the Account to preserve the integrity of the Website as well as the data on the Account. The User commits to collaborating with the company particularly to change the identification credentials.
2.3.9. Furthermore, if the User breaches the provisions of the Terms and Conditions or has a behaviour that poses a threat to third parties, users of the Site or not, or to the Company, the Company can send notice to the User to stop the breach by email. After an eight (8) day-period from an unheeded notice, the Company reserves the right to permanently deactivate the Account, without any formality and without prejudice to any damages that the Company could claim.
During this period, the Account will no longer be accessible by the User.
Finally, the Company will be entitled to permanently deactivate the Account after having sent an email for this purpose to the User in case of serious or fraudulent behaviour on the part of the User on the Website.
2.3.10. Finally, and generally speaking, the Company can permanently deactivate the Account:
- In case of temporary suspension, a permanent termination or the expiry of the period agreed in the Service Agreement giving access to the online questionnaire proposed by the Company;
- As the case may be, in the event of a breach of the payment terms as defined in the Service Agreement giving access to the questionnaire without any formality, notice or compensation.
- by email notification subject to a two (2) month notice.
Article 3 – Amendment of the Services
The Website Service offer is continually evolving. The Company can thus be brought to amend or cancel the Services as well as propose new Services. The Company also reserves the right, at any time, to stop the Website or all or part of the Services that are proposed thereof. The Company shall not be held liable for this reason.
Article 4 – Hypertexts Links
The Website can (i) either refer via hypertext links to third-party content or websites for which the Company cannot verify the content or (ii) either contain third-party content over which the Company has no control. The Company shall therefore not be held liable for such links.
Article 5– Liability
5.1. Any information communicated by the Website as part of the Services are given for advisory and assistance purposes. The Site can in no way be considered as being a management tool of any nature whatsoever for all or part of the User’s business.
Therefore, the User is invited to take all necessary precautions before using the Website and its Services. The Company cannot be held liable in case of loss resulting from the use of the Website without the User having taken all prior precautionary measures of any nature whatsoever.
5.2. The User is solely responsible for the equipment used in connection with the Website and any potential communication costs induced by its use.
Given the IT and telecommunication technical constraints of using the Website, the Company shall not be held liable in case of damage caused by a dysfunction, not attributable to the Company, of one or more Website access steps and/or of Services offered, namely caused by the inconveniences inherent to the use of the Internet network such as service interruption, hacking, computer viruses or malfunctions of any nature whatsoever.
5.3. The Company is not liable for the fraudulent use that could be made of the content available on the Website.
5.4. The Company shall not have any liability for any consequential or indirect damages arising out of the Agreement, and in particular, any operating loss, loss of profit, damage or costs. Equally, the Company shall not be liable for the loss of any data or information stored on the Account nor to any damage of any nature whatsoever cause by the management, use, operation, interruption or malfunction of the Website or of the Services offered on the Website.
5.5. The Company shall not be liable for the fraudulent use that could be made by the User of the information he could find on the Website.
Article 6 – Personal Data
Using the Website and the Services proposed can entail the processing by the Company and its partners of the User’s personal data.
Article 7– Intellectual Property
The Site, the trademarks, the logos and any other distinctive sign of the Company and any software used on the Website as well as the content of the Website (i.e. any text, video, photography or any other information or document in any format and of any nature whatsoever found on the Website) are the sole property of the Company and/or its partners and/or third parties and are potentially protected by copyright, trademark right, patent right or any other intellectual property right.
It is therefore forbidden to copy, modify, reproduce, distribute, publish, incorporate on any medium whatsoever, adapt, transfer or assign, license, sub-license, pledge, pass on in any other way the elements of the Website or to reverse engineer or use any other method to access the Website source codes and/or protocols without the express consent of the Company or the owner of the rights.
Failure to comply with this prohibition shall be deemed an act of counterfeiting which may incur the perpetrator’s civil or criminal liability.
Article 8 – Additional Provisions
If part of the Terms and Conditions were deemed illegal, invalid or unenforceable for any reason whatsoever, the provisions in question would be considered null and void without calling into question the validity of the other provisions which would continue to apply between the User and the Company.
Article 9 – Applicable Law and Competent Jurisdiction
The Terms and Conditions and the relationship between the Company and the User are governed by French law. French tribunals shall have jurisdiction to rule on any and all disputes that may arise between the parties in relation to the performance hereto, without prejudice to the application of rules contained in international conventions.
In case of dispute between the parties which cannot be resolved amicably, any legal action shall be within the competence of the tribunals under the jurisdiction of the Court of Appeal of the Company’s location if the User is a professional and of French courts if the User is a consumer (without prejudice to the application of rules provided in international conventions).