1st catering & events app that matches employers and employees.
ARTICLE 1 – DEFINITIONS
For the understanding and simplification of certain terms used herein, the following is previously determined:
“Subscription”: designates the subscription to a paid subscription which allows Employers to benefit from the Services offered by UN EXTRA on the Platform;
“Apple”: designates according to the User’s Country of residence:
Apple Inc., One Apple Park Way, Cupertino, California, for Users residing in the United States, including Puerto Rico;
Apple Canada Inc., located 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 country or territory in the Caribbean (except Puerto Rico);
iTunes KK, 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 and in particular Users located in France;
“Application”: designates the UN EXTRA licensed application downloadable from the Apple App Store;
“CGUA” or “General Conditions of Use and Subscription”: designates these General Conditions of Use and Subscription;
“Account”: designates the User’s personal account on the Application which allows them to have access to all of the Application Services;
“Employer Account”: designates the Account reserved for each Employer who uses the Platform;
“Extra Account”: designates the Account reserved for each Extra who uses the Platform;
“Employer”: designates any natural or legal person who is registered on the Platform in order to be put in contact with EXTRA and/or EXTRA PRO, and who has subscribed to a Subscription;
“Extra”: designates any natural person aged at least 16 years old, who uses the Platform in order to be put in contact with Employers;
“Extra PRO”: designates any EXTRA acting as an independent professional under the status of self-employed or individual entrepreneur, regularly identified with the National Identification System and the directory of companies and their Employers (SIRENE)
“Mission”: Refers to the service carried out 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 Labor Code, and to article 14 of the National Collective Agreement for hotels, cafés and restaurants (HCR) of April 30, 1997, or (only for PRO Extras) within the framework of a service provision contract subject to the provisions of the Commercial Code;
“Platform”: designates the technical platform developed by UN EXTRA intended to optimize the connection between Employers and Extras or Extras PRO;
“Rules of Use”: means the rules of use and Apple's services and content as defined in the “RULES OF USE OF SERVICES AND CONTENT” section of the General Conditions of Apple Media services accessible at the address next :
https://www.apple.com/legal/internet-services/itunes/fr/terms.html
“Services”: designates the services offered by UN EXTRA on the Application, intended to optimize the connection between Employers and Extras or Employers and PRO Extras;
“Website”: refers to the Internet site www.unextra.com which presents the Application and the Services;
“UN EXTRA”: designates the company UN EXTRA, Single-Personal Simplified Joint Stock Company registered with the MARSEILLE RCS under number 848 354 056 whose head 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 APPLICATION OF THE LICENSE
2.1. The purpose of these General Conditions of Use and Subscription is to define the terms and conditions under which the company UN EXTRA grants the User a non-transferable license to use the Application on any Apple brand product. which it owns or controls, under the conditions specified in the Rules of Use.
The User acknowledges that these General Terms and Conditions are not concluded with Apple but with the company UN EXTRA which is solely responsible for the licensed Application and its content.
This license is granted to the User subject to his prior acceptance of these General Terms and Conditions.
UN EXTRA reserves all rights over the Application which are not expressly granted to the User under these General Terms and Conditions.
2.2. The UN EXTRA Application is a technical platform whose purpose is to connect 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 Labor Code, and article 14 of the National Collective Agreement for hotels, cafés and restaurants ( UNHCR) of April 30, 1997.
OR (only for PRO Extras)
of a service provision contract subject only to the provisions of the Commercial Code.
2.3. The provisions of these General Terms and Conditions govern any content, document or service accessible or purchased through the Licensed Application, as well as updates provided by UN EXTRA which would replace and complete the original Licensed Application, except to the extent that the update is accompanied by an update of the CGUA.
2.4. These General Terms and Conditions are supplemented by the Privacy Policy.
2.5. These General Terms and Conditions, like the Privacy Policy, are accessible at any time from the Application and will prevail, where applicable, over any other version or any other contradictory document.
2.6. These General Terms and Conditions may be subject to modification at any time, in particular with a view to adapting it to legislative and regulatory developments, and/or due to modifications made to the functionalities of the Services offered on the Application.
It is further specified that UN EXTRA will have the right to modify at any time, the characteristics and functionalities of the Application, it being specified that the User will be informed of said developments by simple publication or by any other means than UN EXTRA will deem it appropriate.
ARTICLE 3 – ACCESS AND REGISTRATION TERMS
3.1 – Downloading the Application
The Application is downloadable 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 individuals aged at least 16 years and capable of entering into a contract.
Registering an Extra is free and is done directly from the Application.
When registering, the Extra must provide:
His first name
Her name
His email address
His sex
His telephone number
His date of birth
His postal address
His social security number
Its sector of activity
Positions sought
His availability
It is specified that Extra may modify this password at any time.
L'Extra undertakes to provide complete, accurate, sincere and honest information and to keep it up to date.
UN EXTRA exercises no a priori control over the information provided by Extra on its Account.
3.3. Creating an EXTRA PRO account
The Extra may after registration, or at any time, register as an Extra PRO, by providing the following additional information:
Their SIRET number
Their 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 provision contract with an Employer, the EXTRA PRO must necessarily:
have the status of independent professional under the status of self-employed or individual entrepreneur, and be regularly identified with the National Identification System and the directory of companies and their employers (SIRENE)
Carry out its activities outside the Platform which cannot, in any case, constitute its sole or main source of income;
Have valid civil liability insurance covering the risks linked to its activities on the Platform, and must be able to provide proof of this to the company UN EXTRA upon simple request from the latter;
3.4. Registration of an Employer
Registration for the creation of an “Employer” account is strictly reserved for individuals aged at least 18 years old, or legal entities regularly registered in the Trade and Companies Register or with the Chamber of Trades and Commerce. craftsmanship.
Access to the Services offered on the Application requires the Employer to subscribe to a paid Subscription directly from the Application.
The Employer will maintain access to the Services for the entire duration of the Subscription.
When registering, the professional employer regularly registered in the Trade and Companies Register or the Chamber of Trades and Crafts must provide:
Its sector of activity
Its company name
Its corporate name
The first and last name or name of the legal representative
Its head office
His email address
His telephone number
His password
Their bank details (IBAN)
The private employer must provide the following information:
His first and last name
His postal address
His email address
His telephone number
His password
Their bank details (IBAN)
It is specified that the Employer may modify this password at any time.
The Employer undertakes to provide complete, accurate, sincere 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 accessible to Users who do not have an Account
Users who do not have an Account will not have access to any of the Application Services.
4.2. Services accessible to Extras
Each Extra with an Account will be able to access the following Services intended to promote their connection with an Employer, and in particular will be able to:
Complete your Account, including adding your identity card, CV and diplomas;
Access the directory of Employers registered on the Application;
Access an interactive map displaying nearby listings;
Be alerted when announcements relating to your sector of activity and geographic sector are published;
Contact Employers registered on the Application through private messaging accessible from the Application;
Respond to advertisements published by Employers;
Access your calendar on which all Missions validated and awaiting validation by an Employer will appear
IT IS SPECIFIED THAT NO WORK CONTRACT CAN BE CONCLUDED THROUGH THE APPLICATION.
With the exception of missions carried out by PRO Extras, THE COMPLETION OF AN ASSIGNMENT VALIDATED THROUGH THE APPLICATION MUST NECESSARILY BE PRECEDED BY THE SIGNATURE OF AN WORK CONTRACT BETWEEN THE EMPLOYER AND THE EXTRA AND IN PARTICULAR BY AN EXTRA CONTRACT WITHIN THE MEANING OF ARTICLES L.1242-2 AND D1242-1 OF THE LABOR CODE, AND ARTICLE 14 OF THE NATIONAL COLLECTIVE AGREEMENT OF HOTELS, CAFES RESTAURANTS (HCR) OF APRIL 30, 1997.
4.3. Services accessible to PRO Extras
In addition to the services listed in article 4.2. the Extra PRO will be able to:
Accept a Mission offer and thus conclude a service provision contract under which he undertakes to carry out the Mission under the conditions, particularly financial, described in the announcement;
Be paid by the Employer at the end of his Mission;
Establish invoices relating to Missions carried out;
4.4. Services accessible to Employers who have subscribed to a Subscription
Each Employer with an Account and having taken out a valid Subscription will be able to access the following services intended to promote their connection with an Extra or Extra PRO and in particular:
Access the database of Extras and PRO Extras registered on the Application;
Publish geo-localized advertisements on the Application;
Access a messaging protocol allowing him to communicate directly from the Application through private messaging with Extras who have responded to published Mission offers, or who have contacted him spontaneously;
Confirm a Mission offer accepted by an Extra or Extra PRO;
Personalize and edit an extra employment contract outline for each Mission validated by an Extra;
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 it.
Propose a new Mission offer at the end of the previously settled Mission;
It is specified that the number of advertisements published each month by an Employer will depend on the Subscription formula taken out by said Employer.
UN EXTRA exercises no a priori control over advertisements published by Employers.
ARTICLE 5 – SUBSCRIPTION
5.1. Duration and prices
The Employer wishing to benefit from the Services of the Application must subscribe, directly from the Application, to a Subscription at the rate in force according to the formula selected at the time of subscription.
Prices are indicated in euros and are inclusive of all taxes (TTC). The applicable VAT 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 canceled in the Manage User account settings section.
5.2. Payment terms
In return for the user license 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, when subscribing to the Subscription through in-app purchases,
The Employer must authenticate his account before any in-app purchase by entering your password or using Touch ID or Face ID.
An invoice will be established electronically and available from the Application.
5.3. Payment delays and incidents
In the event of a payment delay or incident, UN EXTRA may automatically suspend access to the Application and take advantage of the provisions of the termination clause stipulated in article 5.5.
In addition, all or part of a sum due on its due date will conventionally bear interest for the benefit of UN EXTRA, at the legal interest rate increased by 10 points, without prejudice to any other action that UN EXTRA would be entitled to take. take action, in this capacity, against the Employer
5.4. Evolution of pricing conditions
The monthly fee rates are subject to change.
In the event of a price increase, UN EXTRA will inform the Employer by any means, at least ONE (1) month before it comes into force.
In the absence of termination of the Subscription, the Employer will be deemed to have accepted the said 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 benefit from a right of withdrawal.
5.6. Resolution
Please note that the Employer may cancel their Subscription at any time from the Application, at least 24 hours before the end of the current month.
The current month will be billed in full.
To find out more about canceling the Subscription, the User is invited to consult the following page: https://support.apple.com/HT202039
Each party will also have the right to terminate the Subscription unilaterally and at any time between them, in the event of a serious breach by the other party of any of the obligations imposed on it, after sending by all written means, of a formal notice which has remained unsuccessful for more than FIFTEEN (15) days.
It is expressly agreed that the debtor of an obligation to pay under the terms hereof will be validly given notice by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
In any event, the injured party may seek legal action for damages, without prejudice to the application of the penalties provided for in article 5.3.
ARTICLE 6 – USER OBLIGATIONS
6.1. Obligations common to Users
Each User, Extra, Extra PRO or Employer:
Is required to read these CGUA and the Confidentiality Policy before any registration, which will constitute acceptance without restriction or reservation;
Is solely responsible for the relationships he may establish with other Users and the information he may communicate as part of this connection;
Is solely responsible for the information and content it publishes on the Application, and ensures in particular that the information and content it publishes on the Application:
Respect these CGUA,
Comply with applicable regulations,
Do not infringe the rights of third parties, such as the contents:
of a defamatory, insulting, slanderous, threatening, harassing nature,
of an obscene, sexual or pornographic nature,
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,
which may shock or offend the sensitivity of other Users or be contrary to good morals,
encouraging potentially dangerous or reckless conduct, which could in particular have the effect of endangering physical or moral integrity, or endangering the lives of others, and more generally which could potentially represent a danger or threat to others,
encouraging illegal conduct, in particular which would be considered a criminal offence,
encouraging the consumption, possession and supply of all types of drugs and narcotic products, as well as all products that could lead to addiction or dependence and in particular alcohol and tobacco,
encouraging games of chance or money 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,
lying or deceptive,
And more generally content of an illicit or illegal nature.
Is solely responsible for his use of the Application;
Acknowledges that it is not in a subordinate relationship with the company UN EXTRA, and cannot, in any way, claim the application of the provisions of the Labor Code for its benefit;
PROHIBITED FROM USING THE PLATFORM AS A MEANS OF CIRCUMVENTING THE PROVISIONS OF ARTICLE L.8221-1 OF THE LABOR 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 interacting with other Users;
To respect the Rules of Use as well as the General Conditions of Apple Media services,
To respect these CGUA;
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 disrupt in any way any functionality of the Application;
Not to use any type of robot, virus, worm, Trojan horse, or any other code or instruction likely to distort, erase, alter, emulate or disassemble the Application, communications or protocols;
Not to send unsolicited communications or any communication not authorized by applicable laws 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 launch any automated system, including, but not limited to, robots or offline readers that access the Application;
To make every effort not to disclose their identifier and connection codes;
Not to create multiple Accounts;
Not to transfer your Account to a third party;
To immediately notify UN EXTRA in the event of fraudulent use of its account;
Failure to comply with the above-mentioned obligations may result in the suspension or even deletion of the Account, without prejudice to any damages that UN EXTRA will be entitled to seek.
6.2. Obligations specific to Extras (excluding Extra PRO)
In addition to the obligations referred to in article 6.1., the Extra who does not have the status of Extra PRO undertakes:
to proceed with the regularization of an employment contract before carrying out a Mission accepted through the application,
to respect its commitments and obligations under the said contract.
6.3. Obligations specific to PRO Extras
In addition to the obligations referred to in article 6.1., Extra PRO undertakes to:
Carry out the Mission accepted through the Application, outside of its other professional activities, and under its 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;
Have the necessary equipment to carry out the accepted Mission;
Respect the customs and rules of the art of your profession when carrying out the Mission;
Honor all accepted Missions and be punctual;
Except in cases of force majeure within the meaning of article 1218, any cancellation or absence of the Extra PRO may penalize its listing on the Platform and justify the suspension or even permanent deletion of its account;
Submit and accept the star rating and assessment system, the Extra PRO acknowledging having been informed of the fact:
That after each Mission, the Employer will be invited by the Platform to leave a rating and a comment;
That the average grade will be visible to Employers;
That the comment will only be visible to the company UN EXTRA
Immediately inform UN EXTRA of any dispute or difficulty it may encounter in the execution of its Missions or in its relations with Employers.
IS SOLELY RESPONSIBLE FOR THE PROPER COMPLETION OF ALL FORMALITIES, INCLUDING ADMINISTRATIVE, TAX AND/OR SOCIAL FORMALITIES AND FOR ALL PAYMENTS OF CONTRIBUTIONS, TAXES OR IMPOTS OF ANY KIND WHICH IS RESPONSIBLE FOR IT, IF APPLICABLE, IN CONNECTION WITH ITS USE OF THE SERVICES.
THE LIABILITY OF THE COMPANY UN EXTRA CANNOT BE INVOLVED IN ANY CIRCUMSTANCES IN THIS CAUSE.
6.4. Specific Obligations for Employers
In addition to the obligations referred to in article 6.1. each Employer:
Declares acting as an independent professional;
Undertakes to only offer serious and sufficiently precise announcements and Mission offers so as not to mislead Users;
Undertakes to regularize 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 WORK CONTRACT THAT HE WILL SIGN WITH THE EXTRA.
In accordance with the applicable regulations and in particular article 54 of law n°71-1130 of December 31, 1971, UN EXTRA does not carry out legal consultation and/or drafting activities, and only offers an automated editing and customization service for a contract template.
UN EXTRA therefore does not guarantee the content, conformity and effectiveness of the contracts generated by the Platform which cannot take into account each specific situation.
The employer is invited to check the conformity of each contract before any signature by contacting, where appropriate, a lawyer or any other person authorized by law to provide legal advice.
Undertakes not to cancel a Mission, except in cases of force majeure within the meaning of article 1218 of the civil code;
Undertakes to pay the Extra or Extra PRO at the end of each Mission;
Submit and accept the star rating and assessment system, the Employer acknowledging having been informed of the fact:
That after each Mission, the Extra PRO will be invited by the Platform to leave a rating and a comment;
That the average of the notes will be visible to the Extras
That the comment will only be visible to the company UN EXTRA
IS SOLELY RESPONSIBLE FOR FORMALITIES, INCLUDING ADMINISTRATIVE, TAX AND/OR SOCIAL FORMALITIES AND FOR ALL PAYMENTS OF CONTRIBUTIONS, TAXES OR TAXES OF ANY KIND WHICH IS RESPONSIBLE FOR IT, IF APPLICABLE, IN CONNECTION WITH ITS USE OF THE SERVICES.
Failure to comply with the above-mentioned obligations may result in the suspension or even deletion of the Account, without prejudice to any damages that UN EXTRA will be entitled to seek.
6.5. Commission (only for Missions carried out by Extra PRO)
Before each mission, the Extra PRO and the Employer must respectively confirm the start of the mission.
At the end of a Mission carried out by an Extra PRO, an invoice is established and issued by the Extra PRO directly through the Platform
The connection between an Extra PRO and an Employer through the Platform will result in the payment by the EXTRA PRO of a commission set at XX % excluding tax of the amount excluding tax of each Mission accepted and carried out through the Platform.
The terms of payment of this commission, directly deducted from the amount payable to Extra PRO, are as follows:
At the end of the Mission, the full amount of the service including commission and taxes will be transferred to the outsourced payment solution;
The outsourcing payment solution will then carry out the distribution between 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 AN EXTRA
The UN EXTRA company 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 way outcome case;
to do its best 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 liability in this regard.
It is specified that a certain number of factors may influence the quality of communications and the use of the Application, and may result in the failure of communications, including, but not limited to: the User's local network , its firewall, its Internet service provider, the public Internet network used, the public switched telephone network and its power supply.
In addition UN EXTRA may interrupt the service for operational reasons, maintenance or in the event of an emergency.
ARTICLE 8 – RESPONSIBILITIES
8.1. User Responsibility
PLEASE NOTE THAT THE USER IS SOLELY RESPONSIBLE FOR THE INFORMATION THEY CHOOSE TO TRANSMIT OR RECEIVE THROUGH THE APPLICATION, AND FOR ANY ACTIVITY PERFORMED FROM OR THROUGH THE APPLICATION.
Please note that UN EXTRA exercises no a priori control over the information and messages published by Users through the Application.
The User is solely responsible for damages of all kinds, material or immaterial, direct or indirect, caused to UN EXTRA or to any third party, due to the illicit use of the Application, and/or the violation of the any of its obligations arising from these CGUA.
The User waives the right to exercise any recourse against UN EXTRA in the context of proceedings brought by a third party against him due to the illicit use or exploitation of the Application or the violation of any of its obligations. from these CGUA.
The User notably waives any recourse against UN EXTRA on the basis of possible infringement of his right to image, his honor, his reputation, the privacy of his private life, resulting the dissemination or disclosure of information concerning him.
8.2. Limitation of liability of the company UN EXTRA
THE ROLE OF AN EXTRA IS STRICTLY LIMITED TO PROVIDING TECHNICAL MEANS TO PROMOTE CONNECTIONS BETWEEN EXTRAS AND EMPLOYERS.
UN EXTRA is neither a temp agency, nor a recruitment agency, nor a training organization, nor a representative of professionals in the hotel catering sector or night employers.
UN EXTRA cannot also be considered as an agent or mandate of a User.
AN EXTRA IS ONLY A THIRD PARTY TO THE WORK CONTRACT OR THE SERVICE PROVISION CONTRACT LIKELY TO BE CONCLUDED BETWEEN AN EXTRA / EXTRA PRO AND AN EMPLOYER.
Consequently, UN EXTRA cannot guarantee or be held liable, directly or indirectly, for any reason whatsoever, for the following reasons:
The description of advertisements published by Employers;
The conclusion, execution and/or termination of the employment contract between an Extra and an Employer
The conclusion, execution and/or termination of the service contract between an Extra PRO and an Employer;
Any transaction likely to be concluded between an Extra or Extra PRO and an Employer;
Any dispute between an Extra or Extra PRO and an Employer;
Concerning access to the Services and the Application, UN EXTRA is only bound by an obligation of means, being reminded in particular that it reserves the right to interrupt its Services for maintenance reasons.
UN EXTRA cannot therefore be held responsible for interruptions of the Services or damages related to:
to a case of force majeure within the meaning of article 1218 of the civil code, or to any external event beyond the control 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;
to a malfunction of the equipment or misuse of the Platform by the User;
to an intrusion or fraudulent maintenance of a third party in the system, or to the illicit extraction of data, despite the implementation of security means in accordance with current technical data, AN EXTRA only supporting an obligation means with regard to known security techniques;
the operation of the Internet network or telephone or cable Internet access networks;
It is further specified that the connection terminal to the Application is under the entire responsibility of the User who is invited to:
Take all appropriate measures to protect your equipment and your own data against the risk of viral attacks via the Internet;
Make sure you have a secure email address.
UN EXTRA cannot, under any circumstances, be held responsible for:
In the event of non-performance of all or part of its obligations due to force majeure within the meaning of article 1218 of the civil code, or to any external event beyond the control of UN EXTRA;
In the event of non-compliance by the User with their obligations arising from these CGUA and/or the applicable legislation and regulations.
UN EXTRA cannot, in any event, be responsible for indirect damage caused to a User such as loss of profits, loss of earnings, loss of customers, damage to brand image, etc.…
The User acknowledges being fully informed of the implications of this clause regarding the liability of UN EXTRA.
ARTICLE 9 – INFORMATION CONCERNING APPLE
The User acknowledges and declares that this contract is concluded exclusively between him and the company UN EXTRA, and in no way with Apple which is not responsible for the Application or its contents.
He further specified:
That Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
That if the Application does not comply with any applicable warranty, the User may inform Apple which, with the exception of the reimbursement of the possible purchase price of the Application, declines any other guarantee or obligation of any nature whatsoever concerning the Application;
That it is not Apple's responsibility to handle complaints sent by the User or any third party concerning the Application, or the possession and/or use of the Application, and in particular:
liability actions due to defective products;
any claim relating to the non-compliance of the Application with any applicable legal or regulatory requirement;
claims arising under consumer protection, privacy or other similar legislation.
That Apple is not responsible for the investigation, defense, settlement or payment of any third party claim relating to infringement of such third party's intellectual property rights caused by the Application and/or the possession or use of the Application by the User;
The User undertakes to respect all applicable third-party provisions when using the Application.
Apple and its subsidiaries are third party beneficiaries of this Agreement, and by accepting this Agreement, User grants Apple the right (which User will be deemed to have accepted) to enforce the provisions of this Agreement against User as a third party. beneficiary of this contract.
The User hereby declares and certifies:
does not reside in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country;
and is not on any U.S. government list of restricted or prohibited parties.
ARTICLE 10 – INTELLECTUAL PROPERTY
10.1. These CGUA do not confer on the User any intellectual property rights over the French brand no. 4525075 UN EXTRA® and the name UN EXTRA or over the Platform and its content which remain the entire and exclusive property of UN EXTRA.
The provision of the Platform cannot be considered as a transfer within the meaning of the Intellectual Property Code of any intellectual property right for the benefit of the User, but as a license to use the Application.
This non-exclusive and non-transferable license to use the Platform formally excludes the possibility of:
Permanently or temporarily reproduce 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;
to modify, in particular by decompiling, alter, adapt, in particular by translating, arranging and more generally modifying all or part of the Platform;
Any other use is likely to constitute an offense of counterfeiting within the meaning of the Intellectual Property Code unless the express prior 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 trademarks and service marks , Apple graphics and logos used in connection with the Services are trademarks or registered trademarks of Apple in the United States and other countries throughout the world. No right or license concerning these brands is granted to the User
ARTICLE 10 – IMAGE RIGHTS AND CONSENT TO THE USE OF DATA
10.1. By registering on the Platform, the User assigns and authorizes UN EXTRA the right to use and exploit their image and other elements of their personality, by reproduction and/or representation thereof, for the following purposes:
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 modes of exploitation known or unknown to date and on all communication media, in particular all physical media (posters, leaflets, packaging, clothing, derivative products, etc.) or intangible media (in particular website, networks social, email, promotional film etc.), without this list being exhaustive.
This authorization is granted to UN EXTRA for the entire world and for a period of FIVE (5) years. It will be renewable by tacit agreement for an additional period of ONE (1) year, unless written notice from the User is addressed to UN EXTRA.
UN EXTRA may transfer this authorization to any third party of its choice, in compliance with the stipulations and purposes previously set out.
This authorization is granted free of charge and without compensation, the User therefore waives the right to claim from UN EXTRA and any third party authorized by it, any remuneration or compensation for the exploitation of their image.
10.2. By registering on the Platform, the User accepts that UN EXTRA may collect and use technical data and any associated information, including, in particular, technical information concerning its device, system and application software, as well as as devices, and which are collected periodically 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. Account Suspension
UN EXTRA may suspend a User's Account in the following cases:
In the event of failure by the User to comply with one of the obligations arising from these CGUA, and in particular the stipulations of article 6 relating to the User's obligations;
In the event of communication of false, erroneous, incomplete or outdated information;
In the event of the User's failure to comply with their legal and regulatory obligations;
In the event of any action that could harm the image of UN EXTRA or the functioning of the Platform;
Once informed of the suspension of their Account, the User will be invited to contact UN EXTRA to make any observations they may have.
If the User does not respond within 30 days, UN EXTRA may permanently delete their Account.
11.2. Account Deletion
The User can, at any time, decide to delete their Account through the link accessible from the Application.
The User will have the possibility of recovering their data by reactivating their Account within 12 months.
After this period, his 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 their Account;
In the event of a serious or repeated breach by the User of one of the obligations arising from these CGUA, 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 fulfill their legal and regulatory obligations;
In the event of serious and repeated behavior that could harm the image of UN EXTRA or the functioning of the Platform;
The User whose Account has been deleted will no longer be able to register on the Application for a period of TWO (2) years from the day of said deletion.
UN EXTRA may also permanently delete the Account of a User who has been inactive for more than ONE (1) year, subject to EIGHT (8) days' notice.
ARTICLE 12: MISCELLANEOUS STIPULATIONS
12.1. Lack of foresight
These CGUA expressly exclude the legal regime of unforeseen circumstances provided for in article 1195 of the Civil Code for all sales operations.
The Parties therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the unforeseeable regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the conclusion of the sale, even if their execution turned out to be excessively onerous and to bear all the economic and financial consequences.
12.2. Partial nullity
In the event that one of the stipulations of these CGUA is declared null or inapplicable by the effect of a law, a regulation or a judicial decision emanating from a competent court, the other stipulations will retain their validity and their force, unless we imagine that these General Terms and Conditions are distorted or that this leads to a significant imbalance in the obligations incumbent on the parties.
12.3. Applicable law – Language
French law will only be applicable to these CGUV.
These CGUA are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
12.4. Disputes
Attempt at prior amicable settlement
In the event of a dispute, the User undertakes, before any legal action, to contact UN EXTRA directly in order to attempt 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 disputes to which these presents could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences, their consequences which have not been resolved amicably between UN EXTRA and a User, will be submitted 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 THESE PRESENT COULD GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION THEIR TERMINATION THEIR CONSEQUENCES THEIR FOLLOW-UP WHICH HAVE NOT BEEN RESOLVED AMICABLY BETWEEN THE COMPANY AN EXTRA ON THE ONE PART AND AN EMPLOYER OR A PRO EXTRA ON THE OTHER HAND, WILL BE SUBMITTED EXCLUSIVELY TO THE COMMERCIAL TRIBUNAL OF MARSEILLE.