Terms of Service – Legal Notice

1. General

The Application ‘Km for Change’ is provided by the charity Hello Change, a charity under French law, housed at 126 boulevard Auguste Blanqui, 75013, Paris France (hereinafter refered to as ‘Hello Change’).

These terms and conditions of use (hereinafter T&C) are designed to determine the access, download and use of the application ‘Km for Change’ (hereinafter the ‘Application’) developed by Hello Change. In installing the Application, the User is subject to these T&C without  reserve.

2. Definitions

Words and terms starting with a capital letter in these T&C, be it in the singular or plural will specifically mean hereinafter:

• « Application » designates the software application ‘Km for Change’ edited and provided by Hello Change, providing acces to Services, which are downloadable for free on the app store, to be installed by the User onto his/her device. The Application includes Content, softwares, programs, tools (of programming, navigation…), databases, operating systems, documentation and all other elements and services that it is composed of. Updates and new versions can be made to the Application by Hello Change.
• « Content » designates, including but not limited to, the structure of the Application, editorial content, designs, illustrations, images, photographs, graphic guidelines, brands, logos, acronyms, coroporate names, audovisual work, multimedia work, visual content, sound and audio content, as well as all other content present on the Application and/or all other components that make up the Application.
• « Services » designates the different functions and services provided by the Application.
• « User » designates an individual, of major or minor age having beforehand obtained the authorization of their parents or legal guardian, having downloaded the Application for their own use as part of a personal and non-commerical usage, for no profit, either direct or indirect.
  

3. Required Configuration

In order to use the Application on a mobile telephone, the User must have access to a high-speed internet connection, a telephone contract that allows Internet access, a mobile telephone and/or a mobile device compatible with the Application such as: Iphone and Androids, a WAP connection, WiFi and or 3G/4G on his/her telephone or mobile device.

4. User Account

4.1.

The use of the Application requires the creation of a user account (hereinafter ‘User Account) on the Application.

All Users are allowed one User Account and only one Application can be installed on their mobile device.

4.2.

The User ensures that the data he communicates during the creation of his User Account conforms with reality and are exact.

4.3.

The User accepts and recognizes that he/she is responsible for respecting the confidential and personal nature of his log-in details and passwords associated to his/her User Account. Consequently, the User accepts being the only, unique responsible party with regards to Hello Change of all the actions effectuated from his/her User Account and the protection of his/her password. If the User knows of an unauthorized use of his/her password and/or User Account, he/she must inform Hello Change without delay at the address above or via email to the following address: hello@kmforchange.com

5. Conditions of Use

5.1.

The User recognizes that the conditions of the contract with his/her Mobile telephone provider continue to apply while using the Application. The User will personally assume all costs that can be asked for by the service provider relating to access to Internet connection services, WiFi, WAP and or 3G necessary for Use of the Application.  

5.2.

The User must allow GPS access. If he/she has blocked the GPS services in Settings/ GPS Services, a pop-up will display asking to allow GPS access in order to localize the User. If the GPS service is activated, a pop-up will display asking for the application Km for Change to use this geolocalization data.

6. Payment Methods

Use of the application ‘Km for Change’ is free.

7. Availability

Hello Change endeavor to ensure the availability of the Application 24/7. However, it can happen that access to the Application is interrupted, notably as part of maintenance operations, upgrades or updates, emergency repairs or independant circumstances at the will of Hello Change. Hello Change is commited to taking all reasonable measures to limit these disturbances insofar as they are imputable and within the limits of associated means.

8. Personal Data

8.1.

The data collected and later handled by Hello Change is the information that the User volontarily transmitted during the creation of his/her User Account and his/her charity runs.

The handling of personal data was the subject of a standard declaration made to the CNIL  with the corresponding receipt number 1969237.

In compliance with the law on Computing and Freedoms of 6th January 1978, modified in 2004, the User has the right to access, rectifiy and oppose  personal data pertaining to him/her. He/she simply needs to write a mail to hello@kmforchange.com or send a letter to the address above, with proof of identity attached.

Information gathered on Users is stocked in a secure manner. The party responsible for the collection and handling of this data is the company Hello Change, whose address is mentioned above. This data will be used by Hello Change for the use of the Application and will not be communicated to third parties without prior authorization from the User.

The refusal to provide certain personal data is likely to limit the User’s access to all or part of the Services.

8.2.

Data of a personal nature relevant to the User will be destroyed upon the expiration of legal deadlines, or when they are no longer pertinent (notably, GPS data), or at the express demand of the User.

9. Intellectual Property

9.1.

The Application and the Content of the Application are protected by the Intellectual Property Code as well as by all applicable international standards and are the exclusive property of Hello Change, its patrons or partner charities.

All reproduction, representation, publication, transmission, use or modification, integral or partial, of the Application and/or of one of its elements made without prior, written authorization by Hello Change constitue a counterfeit, likely to lead to civil and/or penal action.

9.2.

Hello Change grants the User a revokable, free, non-transferable, non-exclusive license to use the Application in accordance with these T&C.

10. Limitation of Liability

The User recognizes and accepts that the Application is provided by means of the internet, mobile networks and consequently, factors outside of Hello Change’s reasonable control that may have an effect on the quality and availability of the Application.

By using the Application, the User accepts all the inherent risks and characteristics of using mobile devices and the internet, particularly the possible technical malfunctions of Internet and mobile phone networks which can hinder the functionality of the Application; computing bugs, anomalies, technical faults,  transmission lags, loss of data and risk of hacking.

Consequently, Hello Change can in no case be held responsible for what notably concerns availability, actuality, security and quality of all or part of the Application, all associated software or applications or all other products, services or information obtained via the Application.

In any case, Hello Change will not be held responsible for loss or damage, direct or indirect, of any nature resulting from the use and/or downloading of the Application, or of any of its elements, by the User.

11. Evolution of these T&C

Hello Change reserve the right to modify these T&C as it deems necessary and useful.

The functions and/or charcteristics of the Application and the services pertaining to it are progressive. Hello Change reserves the right to launch new services at any moment but also, without warning and its own discretion, delete or modify all or part of the functions, characteristics, sections and/or services of the Application.

12. Termination

12.1.

The User can ask for termination of the T&C and the deletion of his/her User Account at any moment, without having to justify their reasoning, via a simple email  to the following address: hello@kmforchange.fr or by letter at the address  provided at the start of these T&C.

12.2.

Hello Change can terminate the use of  the Application by a User with a one week warning.

Hello Change reserve the right to take any necessary measure, including the termination of a User Account, withouth giving reason, warning, formality or compensation to the User, in the case of a judiciary decision that obliges it to, events of force majeure, breach of these T&C or in the case of suspicion of fraud.

Such termination shall be without prejudice to any damages which may be claimed for damages suffered as a result of such breaches.

12.3.

At the moment of termination, the rights and permissions accorded to the User will be cancelled and the User must stop all use of the Application. The User has no right to any compensation.

13. Applicable Law and Dispute

13.1.

These T&C are subject to French law.

13.2.

All disputes born from these T&C will be subject to mediation, prior to all judiciary or arbitral action.

The Parties designates Centre Interprofessionnel de Médiation et d’Arbitrage (CIMA) 39 Avenue Franklin Delano Roosevelt – 75008 PARIS (www.cima- mediation.com) as a mediation body which, according to its rules, will appoint a mediator or a panel of mediators.

If the mediation fails within the 3 months following the mediator or panel of mediator’s acceptance of his/her duties, the dispute will be brought before court within the jurisdiction of the Cour d’Appel de Paris (Appeals Court, Paris).

13.3.

In case of translation of these T&C, only the French version is valid and applicable.