"Qomon” is the trading name of the company DOLPHINS SAS, a company incorporated and existing under the laws of France.
HQ Addresses :
7 place de l'hotel de ville – 93600 Aulnay sous bois - France
55 rue des Francs Bourgeois - 75004 Paris - France
Qomon provides access to a community organising system that includes a web platform to manage actions, data, people and mobile apps.
· Acceptable Use Policy means the policy relating to the acceptable use of the Qomon System
· Subscriber or Client means the organisation on whose behalf the End User has access to the Qomon Platform and Mobile apps.
· Qomon Platform means the web based platform licensed by Supplier to the Subscriber under this Terms and Services including the Supplier IP.
· End User means the end user who is authorised by the Client to use the Services.
· End User Content means the data input by the End User for the purpose of using the Qomon Platform or Mobile apps or facilitating the End User’s use of the Qomon Platform.
· Profile means the dashboard available as part of the Qomon Platform which sets out the privacy settings for the Services
· Services means the services provided by Supplier under this Terms of Service including the provision of access to the Qomon Platform and Mobile App.
· Software means the software licensed by Supplier to the End User which forms part of the Qomon Platform and Qomon mobile apps.
· Subscription Agreement means the commercial agreement between Supplier and the Client for use of and access to Qomon Services.
· Supplier IP means the intellectual property rights in the Qomon Apps, Platform, the Software and the Services and any updates or modifications thereto.
· Supplier Content means the information entered by Supplier or on behalf of Supplier into the Qomon Platform which includes regulatory updates, expert comments, news and analysis and details of regulations and other documents.
1. Supplier hereby grants to the End User a non-exclusive, non-transferable license to use the Qomon Platform and Mobile Apps during the Licence Term solely for the Client’s purposes.
2. The End User undertakes to keep the password for use of the Qomon Platform & Mobile apps secure and confidential.
3. The End User shall not access, store, distribute or transmit any viruses or any material when using the Qomon Platform and mobile apps that is considered illegal or harmful or facilitates illegal activity.
4. The End User undertakes to use the Qomon Platform & Mobile apps in accordance with the Acceptable Use Policy.
5. The End User shall not except to the extent expressly permitted under this Terms of Service:
6. To be eligible to use the Qomon Platform, the End User undertakes to meet the following criteria and represent and warrant to:
7. Understands and agrees that use of the use of the Qomon Platform & Mobile apps may entail the application of certain incidental usage charges during the installation and use of the Service. These charges may, among others, be levied by mobile network operators or internet service providers. The End User should consult their mobile data or internet data plan to identify any charges which may be incurred prior to the installation and operation of these Services. The Supplier shall have no responsibility for such charges.
8. The End User hereby agrees to indemnify and hold Supplier and its licensors harmless from and against any liabilities, damages, judgments, losses, costs and expenses (including reasonable legal fees) arising from the End User’s use of the Qomon Platform & Mobile Apps in a manner inconsistent with these Terms of Service.
1. In accordance with the CTIA (The International Association for the Wireless Telecommunications Industry) Best Practices and Guidelines for Location Based Services the Supplier is required to explain the location based aspect of the Service to the End User. The express consent of the End User will be obtained before access to the location based aspect of the Qomon Platform and Mobile Apps is provided.
2. The location based services form an integral part of the operational aspect of the Services – especially the mobile apps. In order for the location based aspect of the Service to operate correctly, the Supplier must be permitted to communicate with the phone/tablet and or computer (the “Device”) on which the Qomon App is used. By doing so, the Supplier will attempt to identify device location. This requires the collection, use and sharing, among other things of precise coordinate data, including real time geographic location of the device with the Supplier. This information is retained for the duration of this Agreement and for a short period following termination as.
3. The Supplier or the Client will collect consent from the End User before use of the Qomon Platform & Mobile apps. The End User hereby authorizes the Supplier, to collect and use his/her data in order to provide the Services. The End User will be provided with access to the Privacy Dashboard on her/his phone where the End User or the Client may disconnect a device from the location based aspect of the Services. If this action is taken the Supplier may not be able provide the Services and the space data may be undermined as a consequence.
4. The Supplier does not represent that these Services are suitable for emergency situations and should not be relied upon as such. The Supplier shall not be liable for any reliance placed by an individual on these services especially in the in the event of death or serious injury.
1. The “Licence Term” shall begin on the date of acceptance of this Terms and Condition and shall continue for as long as Supplier makes the Qomon Platform & Mobile apps available to the End User.
2. The End Users access may automatically desactivate and become non-operational at the end of the Licence Term.
3. The End User can anytime request the termination of is account on the Qomon platform or on Qomon Apps or by contacting the support by email at email@example.com. The Supplier has to delete all the data linked to the End-User account within 30 days.
1. The End User acknowledges that as part of using the Services, the End User may be able to access or integrate with the website content of, correspond with, and purchase products and services from, third parties via third-party websites. The End User accesses this information at its own risk.
2. Supplier makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the End User, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the End User and the relevant third party, and not Supplier.
1. Supplier undertakes to provide the Services with reasonable skill and care.
2. Notwithstanding the foregoing:
3. Supplier reserves the right to modify the Qomon Platform & Mobile apps at any time. Supplier will make available to the End User all improvements from time to time made available by it to other customers.
4. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Service.
1. The End User acknowledges and agrees that Supplier and/or its licensors own all intellectual property rights in the Supplier IP. Except as expressly stated herein, these Terms of Service does not grant the End User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Supplier IP.
2. The End User or the Client as applicable shall own all rights, title and interest in and to all of the End User Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the End User Content.
1. This clause sets out the entire financial liability of Supplier (including any liability for the acts or omissions of its employees, contributing experts, agents and sub-contractors) to the End User.
2. Nothing in this EULA excludes the liability of Supplier, for death or personal injury caused by Supplier’s negligence or for fraud or fraudulent misrepresentation.
3. Subject to clause 2:
1. These Terms of Service shall, unless otherwise terminated in accordance with its terms shall commence on the date of acceptance of these Terms of Service and continue for the Licence Term.
2. These Terms shall terminate at the end of the Licence Term.
3. Supplier may grant access to the Qomon Platform & Mobile apps on a trial basis under these Terms. Such access may be terminated by Supplier at any time.
4. Supplier reserves the right to refuse to licence the Qomon Platform & Mobile apps to the End User or to discontinue the End User’s rights to access the Qomon Platform & Mobile apps at any time and at its sole discretion.
5. Upon termination of these Terms for any reason:
1. If any provision of these Terms of Service is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. These Terms, the Global Terms of Services and the Subscription Agreement (as applicable) constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
3. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
4. The End User shall not, without the prior written consent of Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations.
5. Supplier shall have no liability to the End User under these Terms if it is prevented from or delayed in performing its obligations, or from carrying on its business by events which are outside of its control.
6. The terms and conditions in the Subscription Agreement or in the quotation signed by the Subscriber (if applicable) shall prevail over the terms and conditions in these Terms to the extent of any conflict. Terms contained in any purchase order acknowledgement or invoice will be of no effect, even if such acknowledgement or invoice provides that Supplier’s acceptance of the purchase order is conditioned on the End User’s agreement to the proposed terms contained in such acknowledgement or invoice.
7. These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with the laws of France.
8. The parties irrevocably agree that in relation to any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) the courts of France shall have jurisdiction.
1. Except as expressly set out in these Terms of Service or as permitted by any local law, you undertake not to:
(i) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym;
(ii) is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
(iii) adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “Name” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided);
(iv) includes information that you do not have the right to disclose, use or make available under any law or under contractual or fiduciary relationships;
(v) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
(vi) includes any unsolicited or unauthorised communication, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation and/or
(vii) infringes upon the rights of individuals under applicable data protection laws where the Services are used.
12. Other terms
If you are a resident of the European Union, General Data Protection Regulation (“GDPR”) applies : firstname.lastname@example.org
Legal Contact: email@example.com
All other inquiries: firstname.lastname@example.org