GENERAL CONDITIONS OF USE OF THE ANNONCES ACADIE SITE
Applicable from 03/11/2020
These general conditions of use describe the conditions under which the company offers access to its “Annonces Acadie” site and associated services (hereinafter “the Applications”).
The present terms and conditions apply to all users of the Applications, whether they are simple visitors or advertisers.
The use of the Site and associated services is reserved for natural or legal persons, located in Canada in the province of New Brunswick, in the theme of general classified ads..
Certain services are reserved for professionals. Also certain restrictions of use are brought to the users acting in a private capacity.
If you do not fully accept our Terms and Conditions, you will not be able to use our Applications.
Each of these conditions and regulations incorporated into these Terms and Conditions is subject to change. The modifications are effective as soon as they are online on the Applications.
ARTICLE 1 - DEFINITIONS
Announcement: means all the elements and data (visual, textual, audio, photographs, drawings), deposited by an Advertiser under his exclusive editorial responsibility, with a view to buying, renting, promoting, selling a good or service, or to inform the public of the Site, this set being broadcast on the Site “Annonces Acadie”.
Advertiser: means a User, acting for professional or private purposes, established in Canada, who has published at least one Advert, advertisement or Contribution.
Contract: the contract consists of the Advertiser's order for the paid option (s) or the paid service and the general conditions of sale. It constitutes all of the agreements binding Annonces Acadie and the Advertiser as to its object. However, it is specified that the general conditions of use of the Applications (including the elements that compose them) apply without reservation to the Advertiser.
Personal Account: means the free space, accessible from the Site that any Advertiser / Visitor / Contributor must create, and from which he can broadcast, manage, view his Ads, subscribe to one or more paid option (s) ) or to a paid service (s), ask questions about an Ad, respond to an Ad and publish a Contribution. The creation of a Personal Account is a prerequisite for the consultation of the site and the publication of an Announcement, a Contribution and the subscription to an option or a paid service.
Terms or General Conditions of Use of Applications : designate these General Conditions of Use as well as any document to which it refers, in particular in its article "Other conditions"
Contributor: means a User who has published at least one Contribution comments or other publications.
Contribution :designates all the elements and data (visual, text, sound, photographs, drawings), deposited by a Contributor under his exclusive editorial responsibility, with a view to commenting on an Ad, asking questions to or answering questions / comments of the Advertiser, to participate in a discussion, this set being posted on the Annonces Acadie Site.
Annonces Acadie Site : means the Annonces Acadie website, whether used via a computer, telephone, tablet or any other material allowing access.
User : globally designates the Visitor, the Advertiser, the Contributor and the Buyer.
Professional user : designates a User acting for professional purposes.
Visitor : means a person accessing the Site in read-only mode.
Buyer : means a User who purchases a product or service by replying to an Ad .
ARTICLE 2 - DESCRIPTION OF THE ANNONCES ACADIE SITE
The Site is a privileged place of exchange between people evolving under the theme of "general" whose object is to allow any User to offer, sell or buy products and services, or to inform the public on products, services or events, to offer or seek employment, or to communicate with other Users sharing common interests.
Thus the Site aims to allow :
- post and consultation of classifieds ads;
- the publication of content (Ads, advertising, ...) ;
- publication of contributions (comments and news);
- the connection between Users.
ARTICLE 3 - ACCESS TO THE SITE AND OTHER APPLICATIONS
Creation of a Personal Account
Use of the Applications is subject to the creation of a Personal Account. Creating a Personal Account is free.
Only Users whose Personal Account is not suspended or deleted may publish an Ad or Contribution or subscribe to a paid service or option.
The User is informed that Annonces Acadie transmits to him information in particular relating to his Announcements via the email address entered in the Personal Account.
There can only be one Personal Account per User. The User undertakes not to create several Personal Accounts.
A legal person must create their Personal Account for use for professional purposes only.
Employees and collaborators of a legal person as well as the owner of a company must create their own Personal Account for their use of the Applications for private purposes. (Option to come)
Login - password
The Personal Account is accessible by entering a username and password.
The User's identifier is the User's email address.
The User chooses his own password, respecting the password structure defined by Annonces Acadie if this is the case.
The User is responsible for the confidentiality of his password.
For security reasons, the User is invited to change it regularly.
Any use of the Applications carried out with the identifiers of a User is deemed to have been carried out by said User.
Deletion of a Personal Account
The deletion of a Personal Account implies the automatic, immediate and final deletion of all Ads, Contributions, services and options including paid and any other element attached to it as well as access to the Site.
The User can delete their Personal Account by sending a message via the "contact us" link on the site.
Annonces Acadie reserves the right to suspend or delete a User's Personal Account in the event of non-compliance with the T & Cs and other conditions, in particular in the event of non-payment of subscribed paid services.
Publication / deletion / modification of an Ad
The User, after creating his Personal Account, can create an Ad via the link "Submit an ad"
The Announcements are published, after the validation of Annonces Acadie, The Announcement will be online as of its validation date. An email is sent to the Advertiser to confirm their validation. The dashboard in the "my account" area also allows you to monitor the status of an Ad.
The User can also subscribe to paid options, in particular to highlight his Ad. Paid options are listed in ARTICLE 4 .
The User can unpublish their Ad before the end of the publication period from the ad management area of the "my account" section or identify it as "sold"
From this space, it is also possible to: extend an Ad, or modify it.
This action results in the offline setting of all the elements attached to it, in particular Contributions, bookmarks and options including paid subscribed for this Ad.
Before publishing an Ad, the User must be aware of the conditions attached to it, in particular the dissemination rules and the User's good conduct charter, which he undertakes to comply with.
Annonces Acadie reserves the right to relay an Advert on the Facebook page of Annonces Acadie or any other so-called social media site opened in the name of Annonces Acadie or Rénovation SL, without information or notice from the Advertiser, which the Advertiser expressly accepts. It is specified that Annonces Acadie is in no way obliged to relay an Announcement on its Facebook page or one of its accounts opened with any other social media. Thus, the Advertiser can in no way question the responsibility of Annonces Acadie or make a claim that its Advert has not been relayed on Facebook or another social media site.
Publication of a Contribution
The User may, after creating his Personal Account, publish a Contribution.
Contributions, whether relating to an Announcement or a news item, are published after moderation of Annonces Acadie.
Contributions relating to an Ad are published for the entire duration of publication of that Ad.
Contributions relating to news are published until the article to which the said Contributions are deleted.
Before publishing a Contribution, the User must be aware of the conditions attached to it, in particular the charter of good conduct, which he undertakes to respect.
The Site is a participative space where friendliness and respect for others are paramount.
The Announcements and Contributions are moderated a priori: they are published after reading by a moderator. Thus, the Ads and Contributions will be published as soon as possible (max 3 working days) following the validation of the Ad or the Contribution by the User.
The User will receive a notification of the refusal by Annonces Acadie to publish an Advert.
The User can also from the "my account" section check the status of his Ad or the comments attached to it.
Users can report an abuse in a comment with the "report abuse" link above each comment.
ARTICLE 4 - SUBSCRIPTION / USE OF PAYABLE OPTIONS AND SERVICES
The descriptions of the options and paid services as well as the prices appear in the associated general conditions of sale.
Any use and / or subscription of a paid option or service is subject to the unconditional acceptance of all of the General Conditions of Sale and other conditions attached thereto (see article "other conditions ")
The prices of paid options and services are subject to change. The changes made are effective as soon as they are posted on the Applications. Annonces Acadie reserves the right to temporarily modify the rates applicable to these paid options and services during promotional events or the launch of new services. These modifications come into force on the date indicated in the notification addressed to the User concerning the temporary promotional event or the new service on the Site, or failing this as soon as they are put online on the Site.
Unless otherwise stated, all rates are quoted in Canadian dollars (CAD).
The provisions relating to the Terms and Conditions of Annonces Acadie apply.
ARTICLE 5 - ACCESS TO APPLICATIONS - INTEGRITY
Access to Applications
Annonces Acadie makes its best efforts to ensure that the Applications are accessible 24 hours a day, 7 days a week.
However, Annonces Acadie cannot guarantee continuous and secure access to Applications, since the proper functioning of Applications can be affected by many factors beyond OCP's control. Consequently, no provisional or definitive interruption, for any reason whatsoever, may give rise to compensation, in particular financial compensation; within the limits of the legislation in force, OCP excludes all guarantees, conditions or other provisions, and cannot be held responsible for any financial loss or reputation, or any special, indirect or induced damage resulting from or related to the use of Applications.
The User declares to accept the characteristics and limits of an online service, and in particular to recognize:
a) that he is aware of the vagaries of online consultation, in particular with regard to response times;
b) that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer and / or its hardware and / or his computer network allow him access to the Applications.
c) that he is solely responsible for his Internet access;
d) that it is up to him to take all appropriate measures to protect his own data and / or software and / or hardware from contamination by possible viruses circulating on the Internet or contracted by any other means.
Annonces Acadie reserves the right to modify the characteristics or content of the Applications.
Any User can consult the Ads and Contributions published on the Site.
However, certain services are reserved for certain categories of Professional Users, therefore, their access can be restricted to only those professionals identified as such via their Personal Account.
In addition, access to certain services may be restricted to certain Users who have subscribed to a subscription or paid service.
Where appropriate, certain services may be accessible by invitation only and will depend in particular on the User's profile.
Annonces Acadie may also temporarily or permanently suspend access to all or part of a User's Applications in the event of non-compliance with the T & Cs or restrict access to the Applications and / or to certain sections without notice.
The information contained on the Applications is regularly updated and is protected by property rights or is granted to Annonces Acadie by Users or by third parties via a license.
The User is prohibited from:
- use robots, spiders, scrapers or any other automatic process to access the Applications, for any purpose whatsoever, without the express prior written consent of Annonces Acadie; and or
- take action which could, at the discretion of Annonces Acadie, impose an unreasonable or disproportionate burden on the infrastructure used by the Applications; and or
- copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content from sites, services, applications or tools without the express prior written consent of Annonces Acadie or, where applicable, of that of the third parties concerned; and or
- disrupt or attempt to disrupt the proper functioning of the Applications or the activities taking place there; and or
- circumvent security protocols, robot exclusion or any other measure that Annonces Acadie implements to protect, prevent or limit access to Applications.
ARTICLE 6 - OTHER CONDITIONS
The special conditions, general conditions of sale and other conditions referred to below are incorporated into these T & Cs and provide additional terms and conditions:
- The general conditions of sale applicable to individuals;
- The User's good conduct charter;
- Classified ads delivery rules;
- The general conditions of sale of the products and services of Annonces Acadie;
- The general conditions of use of the Annonces Acadie Point
- Where applicable, the general conditions of use and sale of the e-documents service.
Other conditions and regulations may apply, including if they are not listed herein. If applicable, they appear on the page of the Application concerned.
ARTICLE 7 - NON-COMPLIANCE WITH THE T & Cs
The User agrees to use the Applications in accordance with the T & Cs and each of the elements that compose them as well as the conditions and terms that appear on the page of a service.
In case of finding by Annonces Acadie of the violation by a User of the legal provisions in force, the rights of third parties (including in particular intellectual property rights such as trademarks, copyright) or of the T & Cs, after - when this is possible - unsuccessful notification to the User of complying with the T & Cs, Annonces Acadie reserves the right to take, if applicable, one or more of the following sanctions:
- delay the publication of the Announcement, the Contribution and, in general, any content;
- not to publish an Announcement, Contribution or content which it considers non-compliant with the T & Cs or the spirit of the Site or which would be reported to it as such, without notice or notification;
- remove any published content that contravenes the above provisions without notice or notification;
- suspend the User's access to the Applications and to his Personal Account.
Annonces Acadie may take any legal action against a User violating the T & Cs.
ARTICLE 8 - PROPERTY
The User grants to Annonces Acadie on a non-exclusive basis, free of charge, for all languages, for the whole world and for the legal duration of the rights (including any extensions that may occur), all intellectual property rights relating to to the elements used for the composition of its Ads, Contributions and more generally, of content published on the Site (in particular texts, images, photographs, logos, illustrations, brands, models, titles, data), including any database (ci -after the "Content") in full or by extract, as and when they are inserted on the Site.
These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sublicense and communicate to the public all or part of the Content by any process, in any format and in any medium (digital, printed ... known or unknown) The rights listed above are granted for all the websites of the Annonces Acadie group as well as for third-party websites authorized by Annonces Acadie.
Annonces Acadie may allow third parties to benefit in whole or in part from the rights granted under this license.
The User guarantees that the Content complies with applicable law, that he is the holder of the intellectual property rights in the Content, that he does not infringe the rights of third parties, and that he is not subject to '' no infringement or other action.
The User guarantees Annonces Acadie against all the financial consequences of any actions, claims, claims or oppositions on the part of any person claiming an intellectual property right in the Content, an act of unfair and / or parasitic competition, and / or a breach of the press law.
ARTICLE 9 - RESPONSIBILITY OF ANNONCES ACADIE
Annonces Acadie is bound by an obligation of means.
Except in the event that Annonces Acadie has been duly informed of the existence of Illegal Content within the meaning of the legislation in force, and has not acted promptly to remove it, Annonces Acadie cannot be held responsible for the Content or the actions (or lack of action) of the Users, or the objects or services that they offer for sale.
Annonces Acadie cannot be held liable on a contractual, tort (even in the case of negligence) or otherwise, for any commercial loss that the User may suffer (loss of data, orders, profits, turnover, activity, opportunities, customer value, reputation or business interruption) or any non-pecuniary damage, of any loss and arising, directly or indirectly:
- the User's use of the Applications, or their inability to use them;
- the publication or non-publication of an Ad on the Facebook page of Annonces Acadie or any other so-called social media site opened in the name of Annonces Acadie or Renovation S.L.;
- any delays or disruptions that could affect the Applications;
- viruses or other malicious software obtained by accessing the Applications;
- any malfunctions, bugs, errors or inaccuracies present on the Applications, or in the information and graphic elements obtained through them;
- the content, actions or lack of action of third parties or the destruction of Ads suspected of being non-compliant with the T & Cs
- the suspension or any other action undertaken vis-à-vis the User's Personal Account or non-compliance with the T & Cs;
- consequences for the User of the modifications made to the Applications.
For the consumer, no stipulation of the CGU can exclude or limit in any way whatsoever the responsibility of Annonces Acadie towards him. The responsibility of Annonces Acadie can only be limited or excluded in the cases provided for by law, namely in the event of force majeure, irresistible facts, faults of a third party or the fault of the consumer himself.
Within the limits of the legislation in force and without prejudice to the stipulations provided for in the previous paragraph, if Annonces Acadie is held responsible by the competent court, the liability of Annonces Acadie cannot exceed the greater of the following amounts: (a) the total amount paid options or services purchased and paid during the 12 months preceding the said liability action;
Annonces Acadie reserves the right to limit the use and storage of the Content at any time, in its sole discretion, without notice.
Annonces Acadie reserves the right to access, store and communicate any information it reasonably believes is necessary for the purposes of (a) complying with any applicable legal or regulatory obligation as well as any request from a judicial authority or administrative, (b) assert its rights under the T & Cs, including checks relating to possible non-compliance with them, (c) detect, prevent, combat any fraud or problems of a technical nature or relating to the security ; (d) respond to requests for technical assistance from Users or (e) protect the rights, property or safety of Users.
Special provisions for announcements
Sales / purchase / rental agreements or other types of contract are concluded directly between the buyer / tenant and the seller / advertiser. Consequently, Annonces Acadie has no control over the quality, safety or legality of the products or services offered for sale or offered in an Advert, the veracity or accuracy of the content or advertisements of Users, the capacity of sellers / Advertisers to sell / rent said products or the ability of buyers to pay for said products or services.
Annonces Acadie does not guarantee either that the seller / advertiser or the buyer / tenant will conclude or execute the transaction. The seller / advertiser is free to choose with which of the Users he wishes to conclude the sale or the contract. However, upon notification by the buyer of the acceptance of the offer, it is recalled that the provisions of French law on sales apply.
Provisions specific to Contributions
Annonces Acadie cannot be held responsible for the content of Contributions.
ARTICLE 10 - RESPONSIBILITY OF THE USER
The User consults and operates the Applications and the information contained therein (in particular the Ads and Contributions) under his sole responsibility: this information cannot be used without prior verification by the User and Annonces Acadie cannot be held responsible for the consequences direct and indirect that may result from the use, consultation and interpretation of the information published on the Site. The use of the Site and the information it contains by the User is therefore under his sole responsibility and at his own risk.
The Professional User undertakes to maintain or, if necessary to subscribe, a civil liability insurance covering bodily, material, immaterial, direct or indirect damage likely to be caused by his actions or his personnel which he authorizes to use its codes and identifiers.
The User is solely responsible for any damage suffered by his IT equipment or any loss of data resulting from the use of an Application.
The User agrees to indemnify and defend Annonces Acadie, against any request or claim made by a third party, caused or resulting from a violation by the User of these Terms or any document incorporated therein by reference , or a violation on its part of any law or any right of these third parties. This includes, for the User acting as a professional, the obligation to compensate Annonces Acadie for all reasonable costs of lawyers engaged by the latter to defend themselves.
Special provisions for announcements
Ads are published under the editorial responsibility of their author. In no case, Annonces Acadie would not be held responsible for the content or the veracity of the Advertisements, in particular that the products or services which are sold or offered there are in conformity with the needs for the User.
The User is responsible for the choice of Ads that he publishes and / or to which he replies. Annonces Acadie recommends that Users exercise caution and be critical in using the Site.
Provisions specific to Contributions
Contributions are published under the editorial responsibility of their author and express the personal opinions of their authors. In no event will Annonces Acadie be held responsible for the content of Contributions.
The publication of a Contribution by Annonces Acadie on the Site does not mean that Annonces Acadie shares, endorses or in any way validates the notices or information exposed therein.
Annonces Acadie recommends that Users exercise caution and be critical of Contributions.
ARTICLE 11 - NOTIFICATIONS
Unless expressly stated otherwise, any notification sent to Annonces Acadie must be sent via the contact form available on the site under "contact us".
Any notification intended for Users will in principle be sent by e-mail to the address entered in the User's Personal Account. Notifications are deemed to have reached the User 24 hours after sending the e-mail, unless the sender is notified of the invalidity of the e-mail address.
Notifications can also be sent by letter to the postal address entered in the User's Personal Account. In this case, the period mentioned above is increased to 3 days after sending the mail.
ARTICLE 12 - CLAIM
In the event of a complaint, please send your request via the contact form available on the site under "contact us".
ARTICLE 13 - MISCELLANEOUS
In the event that one of the terms contained in the T & Cs and the elements incorporated therein is considered illegal or unenforceable, the other stipulations of the Conditions of use and of the said elements will remain in force.
The titles of the various articles appearing in the CGU are purely indicative and do not necessarily determine the content of the articles to which they refer.
The fact that Annonces Acadie did not require the application of any clause of the CGU (or an integrated document), whether permanently or temporarily, cannot in no case shall be considered as a waiver of the rights of Annonces Acadie arising from the said clause, the non-application of which has been tolerated.
Annonces Acadie and the User are independent. None of the stipulations of the T & Cs can be interpreted as creating between them, a company, a joint venture, a joint venture, a mandate, a subsidiary, a relationship of agent or employee to employer.
ARTICLE 14 - APPLICABLE LAW
These Terms are subject to the provisions of Canadian law.
Any dispute or dispute that may arise from the interpretation and / or execution of these, and more generally from the use of the Site is the responsibility of the regional courts, even in the case of connectedness, warranty calls or plurality of defendants.