ARTICLE 1 - DEFINITIONS

For the understanding and simplification of certain terms used herein, the following is determined in advance:

"Subscription": refers to the subscription to a paying subscription that allows Employers to benefit from the Services offered by UN EXTRA on the Platform;

"Apple": means, depending on the User's Country of residence:

Apple Inc. at One Apple Park Way, Cupertino, California, for Users residing in the United States, including Puerto Rico;
Apple Canada Inc. at 120 Bremner Blvd, Suite 1600, Toronto ON M5J 0A8, Canada for Users in Canada;
Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users residing in Mexico, Central or South America or any Caribbean country or territory (excluding Puerto Rico);
iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for Users located in Japan;
Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for other Users, including Users located in France;

"Application" means the UN EXTRA licensed application available for download from the Apple App Store;

"General Terms and Conditions of Use and Subscription" means these General Terms and Conditions of Use and Subscription;

"Account": means the User's personal account on the Application which allows him/her to access all the Services of the Application;

"Employer Account": means the Account reserved for each Employer using the Platform;

"Extra Account": means the Account reserved for each Extra who uses the Platform;

"Employer": means any natural or legal person who is registered on the Platform in order to be put in contact with EXTRAs and/or EXTRA PROs, and who has subscribed to a Subscription;

"Extra": means any natural person aged 16 or over who uses the Platform to be put in contact with Employers;

"Extra PRO": refers to any EXTRA acting in the capacity of an independent professional under the status of self-employed person or individual entrepreneur, duly identified in the National Identification System and Directory of Companies and their Employers (SIRENE)

"Mission": Refers to the service provided by an Extra or Extra PRO for the benefit of the Employer within the framework of an extra contract within the meaning of articles L.1242-2 and D1242-1 of the Labour Code, and article 14 of the National Collective Agreement for Hotels, Cafés and Restaurants (HCR) of 30 April 1997, or (only for Extras PRO) within the framework of a service contract subject to the provisions of the French Commercial Code;

"Platform": refers to the technical platform developed by UN EXTRA to optimize the relationship between Employers and Extras or Extras PRO;

"Usage Rules" means the rules for Apple's services and content as set forth in the "SERVICE AND CONTENT USAGE RULES" section of the Apple Media Services Terms and Conditions available at :
https://www.apple.com/legal/internet-services/itunes/fr/terms.html

"Services": refers to the services offered by UN EXTRA on the Application, intended to optimise contact between Employers and Extras or Employers and Extras PRO ;

"Website" means the website www.unextra.com which presents the Application and Services;

"UN EXTRA": refers to the company UN EXTRA, a one-person simplified joint stock company registered in the MARSEILLE Trade and Companies Register under number 848 354 056, whose registered office is located at 1163 Chemin de la Vallée ZI SAINT MITRE, 13400 AUBAGNE;

"User" means any natural or legal person who uses the Application;
ARTICLE 2 - SCOPE OF THE LICENCE

2.1. The present General Conditions of Use and Subscription have for object to define the modalities and the conditions in which the company UN EXTRA concedes to the User a license of non-transferable use of the Application on any product of the Apple brand of which it is owner or that it controls, and it, under the conditions specified by the Rules of Use.

The User recognizes that the present GCUA are not concluded with Apple but with the company UN EXTRA which is only responsible for the Application under license and its contents.

This licence is granted to the User subject to his prior acceptance of these GTUA.

UN EXTRA reserves all rights to the Application that are not expressly granted to the User under these TOU.

2.2. The UN EXTRA Application is a technical platform whose purpose is to bring together Extras and Employers with a view to concluding :

an employment contract and in particular an extra contract within the meaning of Articles L.1242-2 and D1242-1 of the Labour Code, and Article 14 of the National Collective Agreement for Hotels, Cafés and Restaurants (HCR) of 30 April 1997.

OR (only for PRO Extras)

a service contract subject only to the provisions of the Commercial Code.

2.3. The provisions of this TOU govern any content, document or service accessed or purchased through the Licensed Application, as well as any updates provided by UN EXTRA that replace and supplement the original Licensed Application, unless the update is accompanied by an update to the TOU.

2.4. The present GTUA is completed by the Privacy Policy.

2.5. The present GTUA, as well as the Privacy Policy, are accessible at any time from the Application and will prevail, if necessary, over any other version or any other contradictory document.

2.6. These GCUA may be modified at any time, in particular with a view to adapting it to legislative and regulatory changes, and/or due to modifications made to the functionalities of the Services offered on the Application.

It is, moreover, specified that UN EXTRA will have the faculty to modify at any time, the characteristics and the functionalities of the Application, being specified that the User will be informed of the aforesaid evolutions by simple publication or by any other means that UN EXTRA will judge adequate.

ARTICLE 3 - ACCESS AND REGISTRATION

3.1 - Downloading the Application

The Application can be downloaded free of charge from Google Play for compatible Android® devices.

3.2 - Registration of the EXTRA

Registration for the creation of an Extra Account is strictly limited to natural persons who are at least 16 years old and have the capacity to contract.

The registration of an Extra is free of charge and is done directly from the Application.

When registering, the Extra must provide :

First name
His name
Its email address
Its gender
Its telephone number
Date of birth
Its postal address
Its social security number
Its sector of activity
Positions sought
Its availability

It is specified that the Extra can change this password at any time.

The Extra undertakes to provide complete, accurate, truthful and honest information and to keep it up to date.

UN EXTRA does not exercise any a priori control over the information provided by the Extra on his/her Account.

3.3 Creating an EXTRA PRO account

The Extra may, at the end of his/her registration, or at any time, register as an Extra PRO, by providing the following additional information:

Its SIRET number
Bank details (IBAN)

To use the Services of the Application reserved for holders of an Extra PRO Account, and in particular to conclude a service contract with an Employer, the EXTRA PRO must necessarily :

have the status of a self-employed professional under the status of self-employed entrepreneur or individual contractor, and be regularly identified in the National Identification System and Directory of Companies and their Employers (SIRENE)

Carry out activities outside the Platform, which may not, in any case, constitute its sole or main source of income;

To have a valid civil liability insurance covering the risks related to its activities on the Platform, and will have to be able to justify it to the company UN EXTRA on simple request of this last one;

3.4 Registration of an Employer

Registration for the creation of an "Employer" account is strictly reserved for natural persons aged at least 18 years, or legal entities duly registered with the Trade and Companies Register or the Chamber of Trades and Crafts.

Access to the Services offered on the Application requires the Employer to subscribe to a paid Subscription directly from the Application.

The Employer will retain access to the Services for the duration of the Subscription.

When registering, the professional Employer duly registered with the Trade and Companies Register or the Chamber of Trades and Crafts must provide :

Its sector of activity
Its name
Its corporate name
Full name or name of the legal representative
Its head office
Its email address
Its telephone number
Its password
Bank details (IBAN)

The private employer will have to provide the following information:

His/her name and surname
Its postal address
Its email address
Its telephone number
Its password
Bank details (IBAN)

It is specified that the Employer may change this password at any time.

The Employer undertakes to provide complete, accurate, truthful and honest information and to keep it up to date.

UN EXTRA does not exercise any a priori control over the information provided by an Employer on its Account.

ARTICLE 4 - SERVICES AND FEATURES

4.1. Services available to Users who do not have an Account

Users who do not have an Account will not have access to any of the Services of the Application.

4.2. Services available to Extras

Each Extra with an Account will be able to access the following Services designed to facilitate their contact with an Employer, and in particular will be able to :

Complete your Account, including your ID card, CV and qualifications;
Access the directory of Employers registered on the Application;
Access an interactive map displaying nearby ads;
To be alerted to the publication of advertisements relevant to your sector of activity and your geographical area;
Contact the Employers registered on the Application through the private messaging system accessible from the Application;
Respond to advertisements posted by Employers;
Access its calendar on which will appear all the Missions validated and awaiting validation by an Employer

IT IS SPECIFIED THAT NO EMPLOYMENT CONTRACT CAN BE CONCLUDED THROUGH THE APPLICATION.

With the exception of missions carried out by Extras PRO, THE PERFORMANCE OF A MISSION VALIDATED THROUGH THE APPLICATION MUST BE PRECEDEDED BY THE SIGNING OF AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYER AND THE EXTRA AND IN PARTICULAR AN EXTRA CONTRACT WITHIN THE MEANING OF ARTICLES L.1242-2 AND D1242-1 OF THE LABOUR CODE, AND ARTICLE 14 OF THE NATIONAL COLLECTIVE AGREEMENT FOR HOTELS, CAFES RESTAURANTS (HCR) OF 30 APRIL 1997.

4.3. Services available to Extras PRO

In addition to the services listed in article 4.2. the Extra PRO may :

To accept an offer of assignment and thus conclude a service contract under the terms of which it undertakes to carry out the assignment under the conditions, in particular financial conditions, described in the advertisement;
To be paid by the Employer at the end of the assignment;
Establish the invoices relating to the Missions carried out;

4.4. Services available to Employers with a Subscription

Each Employer who has an Account and who has subscribed to a valid Subscription, may access the following services intended to facilitate their contact with an Extra or Extra PRO and in particular :

Access the database of Extras and Extras PRO registered on the Application;
Publish geo-located ads on the Application;
Access a messaging protocol that allows them to exchange information directly from the Application through private messaging with Extras who have responded to published job offers or who have contacted them spontaneously;
Confirming an offer of a mission accepted by an Extra or Extra PRO ;
Customise and edit an extra's work contract template for each assignment validated by an extra;
To have a payment protocol allowing it to proceed directly to the payment of the Mission carried out by an Extra PRO at the end of the Mission.
To propose a new offer of Mission at the end of the Mission previously settled;

It is specified that the number of advertisements that can be published each month by an Employer will depend on the Subscription formula subscribed to by the said Employer.

UN EXTRA does not exercise any a priori control over the advertisements published by the Employers.

ARTICLE 5 - SUBSCRIPTION

5.1. Duration and fees

The Employer wishing to benefit from the Services of the Application must subscribe, directly from the Application, to a Subscription at the current rate according to the formula selected at the time of subscription.

The prices are indicated in euros and are inclusive of all taxes. The VAT applicable will be that in force on the day of invoicing.

The duration of the Subscription is ONE (1) month without commitment.

It will then be renewed under the same terms, by tacit agreement for successive periods of ONE (1) month, until it is cancelled in the Manage settings section of the User's account.

5.2. Terms of payment

In consideration of the licence granted, the Employer undertakes to pay, for the duration of the Subscription, a monthly fee at the rate applicable at the time of subscription.

The fee is payable in cash, in full, at the time of subscription to the Subscription by way of In App Purchase,

The Employer will need to authenticate their account before any integrated purchase by entering your password or using Touch ID or Face ID.

An invoice will be issued in electronic form and will be available on the Application.

5.3. Late payments and payment incidents

In case of delay or incident of payment, UN EXTRA will be able to suspend by right, the access to the Application and to prevail itself of the provisions of the resolutory clause stipulated in the article 5.5.

Moreover, all or part of a sum due to its due date, will carry conventionally interests to the profit of UN EXTRA, to the legal rate of interest increased by 10 points, without prejudice of any other action that UN EXTRA would be entitled to introduce, on this account, against the Employer

5.4. Changes in tariff conditions

The monthly fee is subject to change.

In the event of a price increase, UN EXTRA shall inform the Employer by any means, at least ONE (1) month before the increase comes into effect.

If the Subscription is not terminated, the Employer shall be deemed to have accepted the new conditions.

5.5. Withdrawal

As the Employer does not act as a consumer within the meaning of the provisions of the Consumer Code, he does not have a right of withdrawal

5.6. Resolution

It is reminded that the Employer may cancel his Subscription at any time from the Application, at least 24 hours before the end of the current month.

The current month will be invoiced in full.

For more information on the cancellation of the Subscription, the User is invited to consult the following page: https://support.apple.com/HT202039

Each party will also be entitled to unilaterally terminate the Subscription binding them at any time, in the event of a serious breach by the other party of any of the obligations incumbent upon it, after sending a formal notice by any written means which has remained unfruitful for more than FIFTEEN (15) days.

It is expressly agreed that the debtor of an obligation to pay hereunder shall be validly put in default by the mere payability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

In any event, the injured party may seek damages in court, without prejudice to the application of the penalties provided for in Article 5.3.

ARTICLE 6 - OBLIGATIONS OF USERS
6.1. Obligations common to all Users
Each User, Extra, Extra PRO or Employer :
Must read these TACs and the Privacy Policy before registering, which shall constitute acceptance without restriction or reservation;

Is solely responsible for the relationships he/she may establish with other Users and for the information he/she may communicate in the context of this relationship;

Is solely responsible for the information and content he/she publishes on the Application, and ensures in particular that the information and content he/she publishes on the Application :

Comply with the present GTUA,
Comply with applicable regulations,
Do not infringe on the rights of third parties, such as in particular the contents :
defamatory, abusive, libellous, threatening or harassing,
obscene, sexual or pornographic,
of a violent nature, inciting hatred or violence, denigrating or discriminating for any reason whatsoever and in particular because of race, ethnic origin, religion, disability, sex, age or sexual identity,
that may shock or offend the sensibilities of other Users or that may be contrary to good morals,
encouraging potentially dangerous or reckless conduct, which could, in particular, have the effect of endangering the physical or moral integrity, or endangering the life of others, and more generally which could potentially represent a danger or a threat to others,
encouraging illegal conduct, including that which would be considered a criminal offence,
encouraging the use, possession and supply of all types of drugs and narcotic substances, as well as all potentially addictive substances, in particular alcohol and tobacco,
encouraging gambling or the use of any paid service,
aimed at soliciting other Users for commercial purposes or more generally in order to directly or indirectly provoke any financial exchanges,
misleading or deceptive,
And more generally, content of an illicit or illegal nature.
Is solely responsible for the use he makes of the Application;

Acknowledges that he is not in a subordinate relationship with the company UN EXTRA, and cannot, in any way, claim the application of the provisions of the Labour Code to his benefit;

SHALL REFRAIN FROM USING THE PLATFORM AS A MEANS OF CIRCUMVENTING THE PROVISIONS OF ARTICLE L.8221-1 OF THE LABOUR CODE PROHIBITING TOTALLY OR PARTIALLY CONCEALED WORK;

Each User, Extra, Extra PRO or Employer undertakes :
To respect the usual rules of politeness and courtesy when communicating with other Users;

To abide by the Terms of Use as well as the Terms and Conditions of the Apple Media services,

To respect the present GCUA;

Not to copy, reproduce, distribute, transmit, broadcast, by any means whatsoever the content of the Application;

Not to modify or alter any part of the Application, and not to attempt to circumvent, disable or otherwise interfere with any functionality of the Application;

Not to use any type of robot, virus, worm, Trojan horse, or any other code or instruction that may distort, erase, alter, emulate or disassemble the Application, communications or protocols;

Not to send unsolicited communications or any communications not permitted by applicable law or to use the Application to engage in phishing, pharming or identity theft, or to misrepresent an affiliation with another person or entity;

Not to alter or attempt to alter the availability of the Application;

Not to use or run any automated system, including, but not limited to, bots or offline readers that access the Application;

To make every effort not to divulge his login and connection codes;

Do not create multiple accounts;

Not to transfer his Account to a third party;

To immediately notify UN EXTRA in case of fraudulent use of his account;
The non-observance of the aforementioned obligations will be likely to entail the suspension, even the deletion of the Account, without prejudice of all damages that UN EXTRA will be entitled to request.

6.2. Obligations specific to Extras (excluding Extra PRO)

In addition to the obligations set out in Article 6.1, Extra who do not have Extra PRO status undertake to :

to proceed with the regularisation of an employment contract before any assignment accepted through the application,

to comply with the commitments and obligations under the said contract.

6.3. Specific obligations for PRO Extras

In addition to the obligations referred to in article 6.1, the Extra PRO undertakes to :

Carry out the Mission accepted through the Application, apart from his other professional activities, and under his sole and entire responsibility;

Carry out the accepted Mission in accordance with the health and safety rules and recommendations in force, it being specified that compliance with this obligation constitutes an obligation of result;

To have the necessary equipment to carry out the accepted assignment;

Respect the customs and rules of the profession when carrying out the assignment;

Meet all accepted assignments and be punctual;

Except in the case of force majeure as defined in article 1218, any cancellation or absence of the Extra PRO will be likely to penalise its referencing on the Platform and to justify the suspension or even the definitive deletion of its account;

Submit to and accept the star rating and assessment system, the Extra PRO acknowledging that it has been informed of the fact :

That after each Mission, the Employer will be invited by the Platform to leave a note and a comment;
That the average score will be visible to Employers;
That the comment will only be visible to UN EXTRA

To bring without delay to the knowledge of UN EXTRA, any dispute or any difficulty which it could meet within the framework of the execution of its Missions or in its relations with the Employers.

IS SOLELY RESPONSIBLE FOR THE PROPER COMPLETION OF ALL ADMINISTRATIVE, FISCAL AND/OR SOCIAL FORMALITIES AND FOR ALL PAYMENTS OF CONTRIBUTIONS, TAXES OR DUTIES OF ANY KIND WHICH ARE INCUMBENT ON HIM, WHERE APPLICABLE, IN CONNECTION WITH HIS USE OF THE SERVICES.

UN EXTRA SHALL NOT BE HELD LIABLE IN ANY WAY IN THIS RESPECT.

6.4. Specific obligations of employers

In addition to the obligations referred to in Article 6.1. each Employer :

Declares that it is acting as an independent professional;

Undertakes to propose only serious and sufficiently precise advertisements and offers of Mission in order not to mislead the Users;

Undertakes to regularise an employment contract before any Mission is carried out by an Extra who does not have Extra PRO status;

THE EMPLOYER IS SOLELY RESPONSIBLE FOR THE VALIDITY AND CONTENT OF THE EMPLOYMENT CONTRACT HE/SHE WILL SIGN WITH THE EXTRA.

In accordance with the applicable regulation and in particular the article 54 of the law n°71-1130 of December 31st, 1971, UN EXTRA does not exercise activity of legal consultation and/or drafting of act, and proposes only a service of edition and automated personalization of a model of contract.

UN EXTRA therefore does not guarantee the content, compliance and effectiveness of the contracts generated by the Platform, which cannot take into account every specific situation.

The employer is advised to check the conformity of each contract before signing it, if necessary by contacting a lawyer or any other person authorised by law to provide legal advice.

Undertakes not to cancel a Mission, except in cases of force majeure as defined in Article 1218 of the Civil Code;

Undertakes to pay the Extra or Extra PRO at the end of each Mission;

Submit to and accept the star rating and assessment system, the Employer acknowledging that it has been informed of the fact:

That after each Mission, the Extra PRO will be invited by the Platform to leave a note and a comment;
That the average score will be visible in the Extras
That the comment will only be visible to UN EXTRA

IS SOLELY RESPONSIBLE FOR THE ADMINISTRATIVE, FISCAL AND/OR SOCIAL FORMALITIES AND FOR ALL PAYMENTS OF CONTRIBUTIONS, TAXES OR DUTIES OF ANY KIND WHICH ARE INCUMBENT ON HIM, WHERE APPLICABLE, IN CONNECTION WITH HIS USE OF THE SERVICES.

The non-observance of the aforementioned obligations will be likely to entail the suspension, even the deletion of the Account, without prejudice of all damages that UN EXTRA will be entitled to request.

6.5. Commission (only for Missions carried out by Extra PRO)

Before each assignment, the Extra PRO and the Employer shall respectively confirm the start of the assignment.

At the end of an assignment carried out by an Extra PRO, an invoice is drawn up and issued by the Extra PRO directly through the Platform

The establishment of a relationship between an Extra PRO and an Employer through the Platform shall give rise to the payment by the EXTRA PRO of a commission fixed at XX % excluding tax of the amount excluding tax of each Assignment accepted and carried out through the Platform.

The terms of payment of this commission, deducted directly from the amount payable to the Extra PRO, are as follows:

At the end of the assignment, the full amount of the service including commission and taxes will be transferred to the outsourced payment solution;

The outsourcing payment solution will then divide the amount of the service, including tax, which will be paid directly to the Extra PRO and the amount of the commission, including tax, which will be paid directly to UN EXTRA

ARTICLE 7 - OBLIGATION OF THE COMPANY UN EXTRA

The company UN EXTRA undertakes:

to make its best efforts to ensure the proper functioning of the Services offered on the Application, as well as to maintain the integrity, security and confidentiality of access to the Platform, this commitment constituting a simple obligation of means and in no case of result;

to use its best endeavours to ensure the provision of maintenance and support services;

UN EXTRA cannot guarantee that the Application will always function without disruption, delay or error and assumes no responsibility in this regard.

It is noted that a number of factors may affect the quality of communications and use of the Application, and may result in communications failure, including, but not limited to: the User's local area network, firewall, internet service provider, public internet network used, public switched telephone network and power supply.

In addition, UN EXTRA may interrupt the service for operational reasons, maintenance or in case of emergency.

ARTICLE 8 - RESPONSIBILITIES
8.1. Responsibility of the User
THE USER IS SOLELY RESPONSIBLE FOR THE INFORMATION HE/SHE CHOOSES TO TRANSMIT OR RECEIVE THROUGH THE APPLICATION, AND FOR ANY ACTIVITY PERFORMED FROM OR THROUGH THE APPLICATION.

It is reminded that UN EXTRA does not exercise any a priori control of the information and messages published by the Users through the Application.

The User is only responsible for the damages of all natures, material or immaterial, direct or indirect, caused to UN EXTRA or to any third party, because of the illicit use of the Application, and/or of the violation of any one of his obligations stemming from the present GCUA.

The User renounces to exercise any recourse against UN EXTRA within the framework of pursuits diligentées a third party against him because of the use or of the illicit exploitation of the Application or of the violation of any of his obligations stemming from the present CGUA.

The User renounces in particular any recourse against UN EXTRA on the basis of the possible infringement to his right to the image, to his honour, to his reputation, to the intimacy of his private life, resulting from the diffusion or the disclosure of information concerning him.

8.2. Limitation of liability of the company UN EXTRA

THE ROLE OF AN EXTRA IS STRICTLY LIMITED TO THE PROVISION OF TECHNICAL MEANS TO FACILITATE CONTACT BETWEEN EXTRAS AND EMPLOYERS.

UN EXTRA is neither a temporary employment agency, nor a recruitment agency, nor a training organisation, nor a representative of professionals in the hotel and catering sector or of Night Employers.

UN EXTRA shall also not be considered as an agent or mandate of a User.

AN EXTRA IS ONLY A THIRD PARTY TO THE CONTRACT OF EMPLOYMENT OR CONTRACT FOR THE PROVISION OF SERVICES THAT MAY BE CONCLUDED BETWEEN AN EXTRA / EXTRA PRO AND AN EMPLOYER.

Consequently, UN EXTRA cannot guarantee, nor see its responsibility engaged, directly or indirectly, for any cause whatsoever, because of :

From the description of the advertisements published by the Employers;

The conclusion, performance and/or termination of the employment contract between an Extra and an Employer

The conclusion, performance and/or termination of the service contract between an Extra PRO and an Employer;

Any transaction that may be concluded between an Extra or Extra PRO and an Employer;

Any dispute between an Extra or Extra PRO and an Employer;

Concerning the access to the Services and to the Application, UN EXTRA is held only to an obligation of means, being notably reminded that it reserves the right to interrupt its Services for reasons of maintenance.

UN EXTRA will not be held responsible for interruptions of the Services or for damages related to :

to a case of force majeure in the sense of article 1218 of the civil code, or to any external event and independent of the will of UN EXTRA ;

an interruption in the supply of electricity or transmission lines due to public or private operators;

abnormal or fraudulent use by the User or third parties requiring the Services to be stopped for security reasons;

malfunction of the equipment or misuse of the Platform by the User;

to an intrusion or to a fraudulent maintenance of a third party in the system, or to the illicit extraction of data, in spite of the implementation of the means of security in conformity with the current data of the technique, UN EXTRA supporting only an obligation of means with regard to the known techniques of security;

the operation of the Internet or telephone or cable networks;

It is furthermore specified that the terminal used to connect to the Application is under the entire responsibility of the User, who is invited to :

Take all appropriate measures to protect its equipment and its own data against the risk of virus attacks via the Internet;

Ensure that you have a secure email address.

The responsibility of UN EXTRA cannot, in no case, be sought:

In case of non-execution of all or part of its obligations due to a force majeure in the sense of the article 1218 of the civil code, or to any external event and independent of the will of UN EXTRA ;

In the event of non-compliance by the User with its obligations under these GCUA and/or the applicable legislation and regulations.

UN EXTRA shall not, in any event, be liable for indirect damages caused to a User such as loss of profits, loss of earnings, loss of clientele, damage to brand image, etc. ....

The User recognizes to be fully informed of the implications of the present clause as for the setting in play of the responsibility of UN EXTRA.

ARTICLE 9 - INFORMATION ABOUT APPLE

The User recognizes and declares that the present contract is concluded exclusively between him and the company UN EXTRA, and in no way with Apple which is not responsible neither for the Application nor for its contents.

It further stated:

That Apple has no obligation to provide maintenance and support services for the Application;

That if the Application does not conform to any applicable warranty, the User may notify Apple, which, except for the refund of any purchase price of the Application, disclaims any other warranty or obligation of any kind with respect to the Application;

That it is not Apple's responsibility to deal with any claims made by the User or any third party in relation to the Application, or the possession and/or use of the Application, and in particular :

product liability actions;
any claim that the Application does not comply with any applicable legal or regulatory requirement;
claims arising from consumer protection or privacy legislation or similar legislation.

That Apple is not responsible for investigating, defending, settling or paying for any third party claim of infringement of such third party's intellectual property rights caused by the Application and/or User's possession or use of the Application;

The User undertakes to comply with all applicable third-party provisions in connection with his use of the Application.

Apple and its affiliates are third party beneficiaries of this Agreement, and by accepting this Agreement, the User grants Apple the right (which the User shall be deemed to have accepted) to enforce the provisions of this Agreement against the User as a third party beneficiary of this Agreement.

The User hereby declares and certifies :
he or she does not reside in a country embargoed by the United States government or designated by the United States government as a country "supporting terrorism";
and is not on any US government list of restricted or prohibited parties.

ARTICLE 10 - INTELLECTUAL PROPERTY

10.1. The present GCUA do not confer to the User any intellectual property right on the French trademark n° 4525075 UN EXTRA® and the name UN EXTRA or on the Platform and its contents which remain the whole and exclusive property of UN EXTRA.

The provision of the Platform shall not be considered as a transfer within the meaning of the Intellectual Property Code of any intellectual property right to the User, but as a licence to use the Application.

This non-exclusive and non-transferable licence to use the Platform expressly excludes the possibility of :
Reproduce permanently or temporarily the Platform in whole or in part, by any means and in any form;
to translate, adapt, arrange or modify the Platform;
to make any copy of all or part of the Platform;
modify, in particular by decompiling, altering, adapting, in particular by translating, arranging and more generally modifying all or part of the Platform;

Any other use is likely to constitute an offence of counterfeit within the meaning of the Code of Intellectual Property except express and preliminary authorization of UN EXTRA.

10.2. The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, Apple TV, Apple TV+, Apple Arcade, Apple News, Apple News+, Apple One, Apple Podcasts and other Apple trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Apple in the United States and in other countries around the world. No right or license to these marks is granted to User

ARTICLE 10 - IMAGE RIGHTS AND CONSENT TO USE OF DATA

10.1. By registering on the Platform, the User transfers and authorizes UN EXTRA the right to use and to exploit his image and the other elements of his personality, by reproduction and/or representation of these, to the following ends:

Operation of the Platform ;
Promotion of the Application and Services ;
Promotion of the Site and the company UN EXTRA ;

This exploitation may be carried out by all known or unknown means of exploitation and on all communication media, in particular all physical media (posters, leaflets, packaging, clothing, derivative products, etc.) or intangible media (in particular website, social networks, email, promotional film, etc.), without this list being restrictive.

The present authorization is granted to UN EXTRA for the whole world and for a duration of FIVE (5) years. It will be renewable by tacit agreement for an additional duration of ONE (1) year, except written denunciation of the User addressed to UN EXTRA.

UN EXTRA will be able to transfer to any third party of its choice the present authorization and this in the respect of the stipulations and the purposes previously exposed.

The present authorization is conferred on a purely free basis and without counterpart, the User renounces consequently to claim to UN EXTRA and to any third party authorized by him, an unspecified remuneration or indemnity in conformance with the exploitation of his image.

10.2. By registering on the Platform, the User agrees that UN EXTRA may collect and use technical data and any related information, including, without limitation, technical information regarding the User's device, system and application software, and peripherals, which is collected periodically in order to facilitate the provision of updates, technical support services, and other services relating to the Licensed Application.

UN EXTRA may use this information as long as it is in a form that does not allow the User to be personally identified, in order to improve the Application and the Services.

ARTICLE 11 - SUSPENSION / DELETION OF THE ACCOUNT

11.1. Suspension of the Account

UN EXTRA may suspend the Account of a User, in the following cases:

In the event of a breach by the User of any of the obligations arising from these GCUA, and in particular the stipulations of article 6 relating to the User's obligations;
In the event that false, erroneous, incomplete or outdated information is provided ;
In the event that the User fails to comply with its legal and regulatory obligations;
In the event of actions that may harm the image of UN EXTRA or the functioning of the Platform;

Once informed of the suspension of its Account, the User will be invited to approach UN EXTRA to make its possible observations.

In the absence of reaction of the User within 30 days, UN EXTRA can proceed to the definitive deletion of his Account.

11.2. Deletion of the Account

The User may, at any time, decide to delete his/her Account through the link accessible from the Application.

The User will have the possibility to recover his data by reactivating his Account within 12 months.

After this period, the Account will be permanently deleted.

The User may permanently delete a User's Account in the following cases:

Failure of the User to react within 30 days after the suspension of his Account ;
In the event of a serious or repeated breach by the User of any of the obligations arising from these GCUA, and in particular the stipulations of Article 6 relating to the User's obligations; 
In the event of serious or repeated failure by the User to comply with its legal and regulatory obligations;
In the event of serious and repeated acts that could harm the image of UN EXTRA or the functioning of the Platform;


The User whose Account has been deleted will not be able to register on the Application for a period of TWO (2) years from the date of such deletion.
UN EXTRA may also definitively delete the Account of a User who has been inactive for more than ONE (1) year, subject to respecting a notice period of EIGHT (8) days.

ARTICLE 12: MISCELLANEOUS PROVISIONS

12.1 Foreseeability
These GCUA expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales transactions.

The Parties therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseeable events provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

12.2. Partial nullity
In the event that one of the stipulations of these GCUA is declared null and void or inapplicable by the effect of a law, a regulation or a judicial decision from a competent court, the other stipulations shall retain their validity and force, unless it is imagined that these GCUA are distorted or that this leads to a significant imbalance in the obligations of the parties. 

12.3. Applicable law - Language

French law will be the only law applicable to the present CGUV.
These GCUA are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

12.4. Disputes

Attempted amicable settlement in advance
In case of dispute, the User commits himself, before any legal action, to contact directly UN EXTRA in order to try to resolve the dispute amicably, by one of the following means:
By post to the address: UN EXTRA 1163 Chemin de la Vallée ZI SAINT MITRE, 13400 AUBAGNE
By email : unextraapp@gmail.com

By phone: 07 58 27 34 59

Disputes between UN EXTRA and a User

All the litigations to which the present ones could give place, concerning so much their validity, their interpretation, their execution their termination their consequences their continuations that would not have been solved amicably between UN EXTRA and a User, will be subjected to the competent Courts in the conditions of common law.

Dispute between an Extra and an Employer or an Extra PRO

ALL DISPUTES TO WHICH THE PRESENT TERMS AND CONDITIONS COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES WHICH HAVE NOT BEEN RESOLVED AMICABLY BETWEEN THE COMPANY UN EXTRA ON THE ONE HAND AND AN EMPLOYER OR UN EXTRA PRO ON THE OTHER, WILL BE EXCLUSIVELY SUBMITTED TO THE COMMERCIAL COURT OF MARSEILLE.