Privacy policy

The present general conditions of use (“General Conditions”) are intended to define the terms and conditions under which the company SPARKS, whose registered office is located at 187 Boulevard Albert 1^er, 33000 BORDEAUX and registered in the Bordeaux Trade and Companies Register under number 899 250 799 (“SPARKS”) provides users (the “Users”) with access to the Internet site (the ” Website”)

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

These General Conditions apply to all Users of the website.

Any connection to and use of the Website is subject to compliance with these General Conditions. SPARKS is free to alter them at any time, in particular to take into account any legal, statutory, editorial and/or technical modifications. By registering on or using the Website, Users (as defined below) acknowledge that they have read, understood and agree to be legally bound by these Terms and Conditions. By checking the box “I have read and accept the General Conditions of Use”, the User acknowledges that he/she is bound by all the clauses of the General Conditions. Changes to the General Terms and Conditions are applicable as soon as they are published on the SPARKS website, or as soon as they are communicated directly to the User, including when the User is asked to accept the General Terms and Conditions by ticking a box.

LEGAL NOTICES

In accordance with the requirements of article 6 of the law n° 2004-575 of 21 June 2004 for trust in the digital economy, it is specified that ‘the Website Editor is the company SPARKS, a simplified share company whose registered office is located at 187 Boulevard Albert 1er, 33000 BORDEAUX and registered at the RCS of Bordeaux under the number 899 250 799.

ARTICLE 1 – THE EDITOR

The editing and management of the website is provided by SAS Sparks, domiciled at 187 Boulevard Albert 1^er– 33 000 BORDEAUX, and registered at the RCS of Bordeaux under the number SIRET 899 250 799, the telephone number of which is 06 59 13 53 85 and the e-mail address sparksmarcom@gmail.com, hereafter the “Editor”.

ARTICLE 2 – THE HOST

The Website host is the company GoDaddy, whose registered office is located at 2155 E. GoDaddy WayTempe, AZ 85284 USA _______________ ,
with the telephone number : _______________ + contact email address.

CONDITIONS FOR REGISTERING WITH THE WEBSITE

The Website may only be used by registered users. In order to register on the Website and access the Service, Users must indicate their surname, first name, email address and telephone number. The User is bound by the following obligations:

• to register on the Website under their true identity,
• to be of legal age,
• to agree to the General Conditions.

The User agrees to provide accurate information on the Website about his/her circumstances. The User agrees to provide all the supporting documents required by SPARKS, at the first request of the latter and agrees to regularly update his/her personal information. SPARKS reserves the right to accept or refuse, without reason and at its sole discretion, any registration on the Website and to suspend and/or delete the account of a User who does not respect the General Conditions.

ACCESS TO THE WEBSITE AND SERVICES

The User is solely responsible for the proper functioning of their computer equipment and their access to the Internet.

The Website contains sections with specific functionalities that can only be accessed by logging in with a User ID. The password chosen by the User must be private and secret. The User agrees to take all necessary measures to keep their password confidential and may not under any circumstances disclose it or take action against SPARKS in the event that it is made known to a third party.

SPARKS reserves the right to refuse access to the Website and its functionalities to Users who do not comply with these terms of use, on a unilateral basis and without prior notice. SPARKS aims to provide access to the Website 24 hours a day, 7 days a week, except in the case of force majeure or an event beyond its control, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Website.

SPARKS is subject to an obligation of means and cannot be held responsible for any damage, whatever its nature, resulting from the Website being unavailable or resulting from the presence of a virus on the Website. Furthermore, SPARKS reserves the right to interrupt, temporarily suspend or modify at any time, the access to all or part of the Website, without prior notice, provided that the Users are informed in advance, without the interruption giving place to any obligation or compensation.

LIABILITY

SPARKS cannot be held responsible for network or server malfunctions or any other event beyond reasonable control that would prevent or impair access to the Website. The User also acknowledges that he/she is aware of the limits and constraints of the Internet network and, as such, recognizes in particular the impossibility of a total guarantee of security of data exchanges. The User must take all necessary measures to protect his/her own data against any attack. Accordingly, SPARKS cannot be held responsible for any damage resulting from the communication of any information, in particular that of the User’s login and password, via the Website.

INTELLECTUAL PROPERTY

1. SPARKS owns or is invested in all the intellectual property rights relating to the Service.
2. The Users agree to comply with the rights of SPARKS and may not, under any circumstances, apart from the use of the Website in accordance with the GTC, for their own use, reproduce, represent, modify, transmit, publish, adapt, on any support whatsoever, by any means whatsoever, or exploit in any way whatsoever, the Website without the prior written authorization of SPARKS.
3. The User undertakes to :

• Not to infringe the rights and/or the image and/or the reputation of SPARKS;
• Not to reconstitute or attempt to reconstitute, from the information available on the Website, to offer to third parties, directly or indirectly, free of charge or against payment, the same or a comparable service, and/or to disseminate or sell, in any way whatsoever, information for the purpose of helping a third party to reconstitute, in whole or in part, such a website or an equivalent site.

4. Unless otherwise stated, the elements accessible on the Website such as databases, management tools, texts and more generally all the information made available to the User are the full, complete and exclusive property of SPARKS. The User is strictly prohibited from :

• Copying or reproducing, deconstructing, in whole or in part, the Website by any means and in any form whatsoever;
• Using the Website other than in accordance with the provisions strictly defined in these GTC;
• Extracting in whole, in substance or repeatedly, by temporary or permanent transfer, or making available to the public, all or part of the Website in quantitative or qualitative terms, whether for commercial or other purposes;
• Repeatedly and systematically retrieving or using all or part of the information displayed on the Website, when such an operation clearly exceeds a normal use of the service provided by SPARKS;
• Exploiting, marketing or distributing any element of the Website, in particular the information visible on the Website and any other database;
• Using software or manual procedures to copy SPARKS’ web pages or to store or collect information on those pages without the express prior written consent of SPARKS;
• Using devices or software for the purpose of impairing or attempting to impair the proper functioning of the Service; or implementing actions that would impose a disproportionate burden on its infrastructure.

6. The general structure of the Website, as well as the texts, graphics, images, sounds and videos contained therein, are the property of the Editor. Any representation and/or reproduction and/or exploitation of the contents and Services offered by the Website, in whole or in part, by any process whatsoever, without the prior written authorisation of SPARKS is prohibited. This is likely to constitute an infringement within the meaning of articles L 335-2 and following of the Intellectual Property Code. The offender is exposed to various civil and penal sanctions set out in articles L. 335-2 and thereafter and L. 343-1 of the Intellectual Property Code.

USER OBLIGATIONS

The User is solely responsible for the accuracy of his/her information.

PRIVACY AND USE OF PERSONAL DATA

The personal data collected from Users is intended for the purpose of providing professional support services and optimising the quality of the support provided. It will not be communicated to third parties and is not used for commercial prospecting purposes.

APPLICABLE LAW AND COMPETENT JURISDICTIONS

The Website and its terms of use are governed and executed in accordance with French law. In the event of a dispute relating to the validity, interpretation, execution, interruption or termination of these General Conditions, and in the absence of an amicable agreement between the parties, the dispute shall be brought before the physically and locally competent court, at the request of the most diligent party