CONDITIONS OF USE

www.applewood.fr website

Effective 17/04/2023

APPLEWOOD ENTERPRISES FRANCE (hereinafter “APPLEWOOD”) is a simplified joint-stock company (SAS) with a capital of €200,000, registered with the EVREUX Trade and Companies Register under number 390 049 054, with its registered office located at 677 Allée de la Fosse Moret – ZAC ECOPARC 2, 27400 HEUDEBOUVILLE, France. APPLEWOOD specializes in operational marketing. It develops tailor-made solutions and offers tools enabling companies to implement customer loyalty programs and boost team performance. In this context, APPLEWOOD operates the website www.applewood.fr (hereinafter referred to as “the Site”), which offers a wide range of multi-brand products. The company’s contact details are as follows: Telephone: +33 02 32 634 634 – Email: support@applewood.fr.

These General Terms and Conditions of Use (hereinafter “GCU”) govern access to and use of the Site, as well as the Services associated with it.

ARTICLE 1: PURPOSE AND SCOPE

Use of the Site is exclusively reserved for professional Customers (hereinafter referred to as “the Customer”) acting for the needs of their business, as well as their Employees designated and authorized by them (hereinafter referred to as “the Users”).

These General Terms and Conditions of Use (hereinafter: the “Terms and Conditions of Use” or “GCUs”) are originally in French language and are intended to apply exclusively between the Publisher APPLEWOOD and any User duly authorized by the Customer to access the Site.
They govern the terms of registration and use of the Site and the Services offered on it.

Any use of the Site automatically entails the application of these General Terms and Conditions of Use.

The GCUs may evolve, and the Publisher reserves the right to modify them at any time. The GCUs in effect are those accessible on the Site under the “General Terms and Conditions of Use” section at each User’s login to the Site.

The descriptions and informational elements (photos, prices, etc.) of the products and services offered via the Solution are presented as accurately and in accordance with supplier data as possible. However, the product photos are non-contractual.


ARTICLE 2 – CONDITIONS FOR ACCESS

Access to the Products and Services offered by APPLEWOOD on the Site requires the prior opening of a Customer Account with APPLEWOOD as specified in the General Terms and Conditions of Sale. When opening the Customer account, the Customer designates one or more individuals authorized as “Users” to use the services offered via the website published by APPLEWOOD.

Thus, any individual designated as a “User” by the Customer declares that they have the necessary legal and contractual authorizations and permissions for this purpose. Failure to have the required authorizations, permissions, or agreements exposes the individual to legal action from both the Publisher and the concerned Legal Entity.

Once the Customer account is opened and the list of Users is provided by the Customer, APPLEWOOD sends each designated User an email with a link allowing them to access their personal account on the Site www.applewood.fr and choose a confidential password.

Once registered, the User can access the Customer area using their username and password and carry out actions. The User’s username and password are personal and remain under their sole responsibility, as well as that of the Customer. The User assumes the custody and risks of loss. For this reason, the Customer and Users must take all necessary precautions to ensure their confidentiality, security, and proper use, to prevent them from being transmitted or disclosed to unauthorized third parties. The User is solely responsible for any use of their username and password by another person, including, but not limited to, all transactions made via their account.

Consequently, any login to the Site via an account and/or transmission of data using a User’s account will be presumed to have been made by the holder of the said Customer account and under their exclusive responsibility. In the event of fraudulent use of their password and/or username, the User agrees to notify the Publisher in writing as soon as possible. If the User forgets their password, they can click on the “forgot password” tab. An email will then be sent to them with a reset link valid for 10 minutes, allowing them to choose a new password.

The individual designated as “User” by the Customer agrees to use the Site on behalf of the Customer, strictly for professional purposes within the scope of their duties, excluding any other use, notably for private, family, personal, or anti-competitive purposes.

ARTICLE 3 – RIGHT OF USE

The Customer and the Users authorized under the Contract are granted a strictly personal, non-exclusive, non-transferable, and non-assignable right to use the Site by the Publisher, applicable worldwide and for the contractual duration agreed upon by the parties, to the exclusion of any other exploitation, reproduction, or representation rights. It should be noted that the Customer is responsible for ensuring that the Users it has designated comply with these General Terms and Conditions of Use.

The right of use includes the right to access and use the Site remotely via the internet, in accordance with its intended purpose and these General Terms and Conditions of Use, solely to meet the professional needs of the Customer. Consequently, any other use of the Site by the Customer and the Users it designates is prohibited.

The User is strictly prohibited, for any reason whatsoever, from:

  • Distributing, sharing, or making the Site and Services available directly or indirectly to any third party or the public, whether free of charge or for a fee;
  • Engaging in any temporary or permanent reproduction of the Site by any means, as well as any translation, adaptation, arrangement, decompilation, or modification of the Site and its components, particularly for the purpose of creating similar products and/or services;
  • Accessing or using the source code.

- Impersonating any individual or legal entity;
  • Copying, modifying, adapting, hosting, distributing, or reselling the Services, the site, or its contents;
  • Disclosing account information to third parties without APPLEWOOD’s written authorization;
  • Selling, renting, sublicensing, or distributing the Site, Services, and/or content in any way to third parties;
  • Exporting the Site, or merging any part of it with other software programs;
  • Extracting or reusing, including for private purposes, any substantial or insubstantial part of the databases and archives compiled by the Site without prior written authorization from the Publisher;
  • Attempting to damage, destroy, or hack the Site and/or its content in whole or in part;
  • Using any data collection system or other methods of obtaining and extracting data related to the Publisher’s Services without the Publisher’s written authorization.

The User agrees to:

  • Use the Site without infringing on the rights of the Publisher or those of one or more other Users. Specifically, the User agrees that this use will not constitute an act of infringement, unfair competition, or parasitism;
  • Notify the Publisher upon becoming aware of any act of hacking, impersonation, infringement, and particularly any unlawful or non-contractual use of the Site and/or its content, regardless of the method of dissemination.

The Customer and Users are prohibited from transmitting via the Site any Data or information that is unlawful, contrary to laws and regulations or public order, or that infringes on the rights of third parties. More generally, the Customer is prohibited from using the Site or its components in any manner contrary to applicable electronic communications regulations, or from assisting in such use.

ARTICLE 4 – ENVIRONMENT, AVAILABILITY, AND SUPPORT

4.1 IT Environment

It is the User’s responsibility to ensure in advance that their IT environment is compatible with the technical specifications of the Site. The Account provides access to the entire Site and its functionalities as agreed upon between the parties, provided that the User has the required configuration, which is solely their responsibility and does not, under any circumstances, engage the responsibility of the Publisher.

In the event of a lost or stolen password, only the Account User or the Customer’s legal representative can request the initiation of the password reset procedure. In this situation, the User must inform the Publisher, so a new password can be generated and sent to them.

The login identifiers are intended to restrict access to the Site to the Customer’s Users, to protect the integrity of the Data and the availability of the Site, as well as the integrity, availability, and confidentiality of the Customer’s Data as transmitted by the Users. The codes are strictly personal and confidential, under the sole responsibility of the User, who must ensure they are not communicated to any third party. Any login /operation carried out using the codes assigned to the User is deemed to be performed by them. The Publisher assumes no liability in the event of the Site being used by a third party using the Customer User’s personal codes.

4.2 Site Availability

The Publisher makes its best efforts to make the Site available 24 hours a day, 7 days a week, regardless of scheduled maintenance, updates, or technical improvements, or to upgrade its content and/or presentation.

The Publisher deploys the best means to ensure the services are accessible via all major browsers in the market, provided these browsers are compatible with the technologies used for the development of the website.

To use the Services, the Customer and Users are made aware of the necessity to have the equipment required for the proper functioning of the services.

The User must have the necessary skills, equipment, and software for using the Internet or, where applicable, Internet services. The User acknowledges that the characteristics and constraints of the Internet do not allow for the guarantee of the security, availability, and integrity of data transmissions over the Internet.

The Publisher notes that it does not guarantee that the Services will be usable if the Internet service provider fails to fulfill its own service provision.

In any case, the Publisher cannot be held liable for any malfunction, inability to access, or poor usage conditions of the Site attributable to inappropriate equipment, malfunctions internal to third-party providers, Internet network congestion, or any other external reasons beyond its control that constitute a force majeure event as defined by law.

The Publisher alerts the User to the existence of technical risks inherent to the Internet, including interruptions or slowdowns in access that may result.


4.3 Assistance in the Event of Site Malfunction

The Publisher provides Users with help and assistance in the event of a malfunction.

The telephone hotline is available from 9:00 AM to 12:00 PM and from 2:00 PM to 6:00 PM, Monday to Friday (working days, excluding public holidays):

  • At the following phone number: +33 02 32 634 634 (non-premium call)
  • By email: support@applewood.fr

The Publisher is not responsible for assistance in the following cases:

  • The User’s refusal to cooperate in resolving Anomalies, including failing to respond to questions and requests for information.
  • Inability to access the Site and/or Services for any reason beyond the Publisher’s control.
  • Use of the Site in a manner that is not consistent with its intended purpose.
  • Unauthorized modification of the Site by the User or by a third party engaged by the User.
  • Implementation by the User of any software packages, software, or operating systems that are not compatible with the Site.
  • Failure of electronic communication networks.
  • Intentional acts of degradation, malice, or sabotage.
  • Deterioration due to force majeure or improper use of the Site.

Finally, the Publisher may, at its discretion, modify the Site, in part or in whole, to adapt it to market needs.

ARTICLE 5 – LIABILITY

Each Party assumes responsibility for the consequences directly resulting from its own faults, errors, or omissions that cause damage to the other Party.

The Site offers the Customer and its Users the ability to place orders for various products offered by APPLEWOOD. The different functionalities provided to the Customer and its Users via the Site allow them to view various information related to their account and product orders. It also allows the extraction of various files (Excel spreadsheets, order tracking information, delivery tracking, etc.). Thus, it serves as a management tool for the Users but cannot, under any circumstances, replace the Customer’s decision-making bodies. The Publisher disclaims any responsibility or warranty regarding the suitability of the Site for the Customer’s needs.

The information and content made available on the Site do not bind the Publisher’s liability.

The Publisher cannot be held responsible for any information, opinions, infringements of third-party intellectual property rights, privacy rights, or any other rights. It is the Customer’s responsibility to monitor the rules of use of the Site by the designated Users.

It is also noted that the Publisher cannot be held liable in the event of a lost password by the User or in the event of a force majeure event, as defined in Article 12, affecting the functioning of the Site.

It is the responsibility of the Customer and its Users to implement physical and logical security solutions to protect their IT system and Data within their IT environment from any fraudulent intrusion or computer virus. Conversely, it is the Publisher’s responsibility to implement physical and logical security solutions to protect the Customer’s Data that it processes under these terms from any fraudulent intrusion or computer virus.


ARTICLE 6 – PERSONAL DATA

APPLEWOOD commits to ensuring that the collection and processing of personal data are carried out in accordance with the General Data Protection Regulation No. 2016/679 (hereinafter GDPR) and the amended French Data Security law. APPLEWOOD agrees to take all necessary measures to protect and secure the information it collects while providing its services.

The User is informed of the Personal Data Management Policy implemented by APPLEWOOD.

ARTICLE 7 – INTELLECTUAL PROPERTY

The Customer and Users of the Site are informed that all elements, including its structure, the products and services offered, their content, the information presented (notably photographic and pricing information), illustrations, photographs, images, sounds, and videos, their organization, databases, and the software tools implemented are protected under copyright, trademark law, and intellectual property rights by the intellectual property legislation currently in effect. The Publisher holds all related rights.

The Publisher grants the Customer and Users who access the Site a strictly personal, non-exclusive, non-transferable, and non-assignable right to use the Site and its content for the duration agreed upon by the parties. Consequently, the Customer and Users agree to respect the intellectual property rights pertaining to the Site and its components and, in particular, to refrain from:

  • Reproducing, representing, modifying, altering, or redistributing any element contained in or related to the Solution and the Site.
  • Diverting or making commercial use of the Site and/or the products and services offered.
  • Extracting, reusing, storing, reproducing, representing, or retaining, directly or indirectly, on any medium, by any means and in any form, any qualitatively or quantitatively substantial part of the Site, as well as performing repeated and systematic extraction or reuse of insubstantial parts when these operations clearly exceed the normal conditions of use of the Site.

The parties hereto are reminded that any unauthorized exploitation, reproduction, or representation of the Site, in whole or in part, by any means, is prohibited and would constitute an infringement punishable under the Intellectual Property Code. In the event that the Customer or one of its Users becomes aware of an infringement of its intellectual property rights or those of others, they must promptly inform the Publisher. However, the Publisher cannot be held liable for any intellectual property rights violations or other infringements that may be committed on the Site by one or more Users in the context of the Services provided.

ARTICLE 8 – NON-DISCLOSURE

The Customer and Users are prohibited from communicating to third parties any descriptions, informational elements (including photos, prices, tables in Excel or PDF files generated via the Site, etc.) of the products and services offered via the Site. The aforementioned information is strictly confidential and may not be disseminated, in whole or in part, without the written authorization of APPLEWOOD. Failure to comply may result in legal action against the Customer and the Users involved.

ARTICLE 9 – ACCOUNT SUSPENSION, DELETION, AND ACCESS

Deletion of the User’s account is performed exclusively by the Publisher. It may occur in the following cases:

  • At the end of the contract formalized with the Customer.
  • Upon the closure of the Customer account.
  • Following a written request made by the Customer’s legal representative or a duly authorized person to the support service at support@applewood.fr.
  • In the event no orders are placed within 3 months following the account’s opening.

In the event of non-compliance with these general terms or any fraudulent use or participation in illegal activities, the Publisher reserves the right to suspend or terminate the account’s use, thereby restricting access to the Site. This termination may occur at any time and without notice.


ARTICLE 10 – ENTIRETY

In the event that any clause is rendered null and void due to a change in legislation, regulation, or by a court decision, this shall in no way affect the validity and enforceability of these General Terms and Conditions of Use.

ARTICLE 11 – WAIVER

The fact that the Publisher does not enforce any clause of these terms at a given time shall not be interpreted as a waiver of the right to enforce the same clauses at a later time. These General Terms and Conditions of Use are expressly agreed to and accepted by the User, who declares and acknowledges having full knowledge of them.

ARTICLE 12 – FORCE MAJEURE

The User cannot hold the Publisher liable in the event of a force majeure situation as defined in Article 1218 of the French Civil Code. Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was signed and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation. If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations under the conditions provided in Articles 1351 and 1351-1 of the French Civil Code.

Expressly considered as force majeure or fortuitous events, in addition to those usually recognized by French courts and tribunals, are the following: the judicial liquidation of a supplier or subcontractor of the Publisher; the blockage or disruption of communication, telecommunication, or postal services; as well as an interruption or blockage of the electricity network, cyberattacks, and the unavailability of resources, particularly human resources.

Automatic termination for force majeure can only occur 30 days after the receipt of a formal notice sent by registered letter with acknowledgment of receipt or any extrajudicial act, notwithstanding the clause on termination for a party’s failure to meet obligations outlined below.