Terms of use
Terms of use of Rapid'Catalogues
Preamble
These terms of use are the translation in english of the terms of use of the on-line service Rapid'Catalogues. This version in english of the terms of use is not the official one. The official version of the terms of use is the french version that you can read by clicking the link "Conditions d'utilisation" in the french version of the website. This preamble is an integral part of the terms of use.
Article 1 - The parties
These terms of use are a contract between yourself, called "the user", and Mikaël Courteau, individual person, called "the supplier", whose details appear in the "credit" page of the website of the Rapid'Catalogues on-line service.
Article 2 - The Rapid'Catalogues service
2.1 - The Rapid'Catalogues service, called "the service", is a service that allows to the user to create a website consisting in an on-line catalogue, called the "catalogue".
2.2 - This service is available on the internet, particularly at this address: http://www.rapid-catalogues.com. This address can be modified during the service lifecycle.
Article 3 - The user
3.1 - If the user is an individual person, the user must be of age according to the local regulation in his/her country to be permitted to use the service, and at least be 18 (eighteen) years old at the date he/she wants to use the service for the first time.
3.2 - At the first use of the service the user must provide enough information to allow the supplier and every people browsing his/her catalogue to contact him/her easily.
3.3 - The user must pay attention too to supply enough information to be identifiable according to his/her local regulation and according to the international laws. For that the user will find a free content text area in the page in which he/she can update every information relating to himsel/herself, that will be available in that page as soon as the catalogue of the user will be created. For example the user can input in this text area his/her local business identification number or his/her international VAT identifier.
Article 4 - The catalogue
4.1 - The content of the catalogue must be browsable by every people of every age.
4.2 - The content of the catalogue must be created by the user and must not be stolen or copied without authorization. The user gives his/her guarantee to the supplier that the content of his/her catalogue belongs to him/her or that he/she has the authorisations from the authors to publih such content on his/her catalogue.
4.3 - The user can create up to 25 categories of products on his/her catalgue and up to 100 products (and up to 400 references for the e-commerce catalogues). Once the user has reached one of these limits he/she can no longer create new categories or new products (or new references) and an information message appears to the user, in which the user is kindly advised that he/she can increase the capacity of his/her catalogue in order to get allowed again to create new categories and products (and references).
4.4 - This increase of the number of categories and products (and references) that the user can create on his/her catalogue is charged on the basis of an annual fee, which amount is advised on the website of the service.
4.5 - The data input by the user (texts and pictures) to create new categories of products after 25 categories, to create new products after 100 products (and to create new references after 400 references) can be deleted without notification after the expiry of the period for which the increase of the number of categories and products (and references) has been paid, if the user has not subscribed to a new period of increase of the number of categories and products (and references).
4.6 - The numbers of 25 categories and 100 products (and 400 references) can be changed during the service lifecycle.
4.7 - The catalogue of the user is made on the basis of a standard appearance (colours, display, size and number of images...) that is made by the supplier. This appearance can be modified by the supplier without previous warning.
4.8 - The supplier can report to the authorities if necessary (police, court or other) every catalogue which content requires such action (for exemple incitement of racial hatred, pedophilia, etc.).
4.9 - Catalogues with restricted access content
4.9.1 - The user can be given the opportunity of creating a catalogue, which content is restricted to a taregeted audience only, only if the access restriction interface described below is enough in order to ensure that the targeted audience only can access the content of the catalogue.
4.9.2 - The user is responsible for defining what the targeted audience is.
4.9.3 - The user who creates a catalogue, which content is restricted to a taregeted audience only, must make sure that his/her catalogue is set up with the access restriction interface.
4.9.4 - The access restriction interface
4.9.4.1 - The access restriction interface that can be set up on the user's catalogue consists in a Web page with a button in order to access the content of the catalogue, this page is dispayed as long as the person wishing to access the content of the catalogue has not clicked on that button.
4.9.4.2 - The access restriction interface is not set up by default when the user creates the catalogue first, and the user must send a request to the supplier in order to get the access restriction interface set up on his/her catalogue.
4.9.4.3 - The content on the access restriction interface is made at least of a title, a text content other than the title and a button in order to exit the catalogue.
4.9.4.4 - The user is responsible for the content on the access restriction interface, and is given access to another interface in order to customize at least the title, the text content other than the title and the address of the exit button.
4.9.4.5 - The address of the Web page targeted by the exit button must be a valid Web page, which content must be accessible by everyone.
4.9.4.6 - The access restriction interface can be filled in when the supplier set up this interface on the user's catalogue, with the title and / or the text content other than the title and / or the address of the Web page that is targeted by the exit button, in which case the user must customize the access restriction interace as soon as he/she logs in into the catalogue after the access restriction interface has been set up.
4.9.5 - The user must self-estimate if the access restriction interface described here is enough in order to ensure that the targeted audience only can access the content of the catalogue.
4.9.6 - The user must not use the service if the access restriction interface in not enough in order to ensure that the targeted audience only can access the content of the catalogue.
4.9.7 - All catalogues with content restricted to a targeted audience must be accessible under a domain name.
4.9.8 - When the catalogue with content restricted to a targeted audience is no longer accessible under a domain name, whatever the reason why the catalogue is no longer accessible under a domain name may be, the catalogue can be stopped and even deleted by the supplier.
4.9.9 - It may be possible that the supplier set up the acces restriction interface on a catalogue with content restricted to a targeted audience, which catalogue is not accessible under a domain name, in the case of a newly created catalogue, which domain name configuration is not finished at the time the supplier set up the access restriction interface.
4.10 - Job offers are strictly forbidden on the catalogue.
Article 5 - Reference
5.1 - The catalogue can be promoted by the supplier as a reference of job the supplier is able to provide.
5.2 - The supplier can promote this reference either directly on the Rapid'Catalogues service website, either on the Internet or through every other medium.
Article 6 - Communication
6.1 - The user gives his/her consent to the supplier to receive technical and commercial communication from the supplier, particularly by e-mail.
6.2 - Every commercial communication will have for main purpose the Rapid'Catalogues service itself.
6.3 - The communications from the supplier could include advertising for other services than the Rapid'Catalogues service, but in that case such advertising will not be the main subject of the communication.
Article 7 - Interest confirmation
The supplier can request the user to confirm that his/her catalogue is always in use and that he/she is always interested in keeping it on-line, by requiring for exemple the user to get connected to his/her catalogue through the connection form that is on the service's website.
Article 8 - Price of the service
The Rapid'Catalogues service is free in the frame of these terms of use, but when a possibility to get charged is mentioned.
Article 9 - Advertising
9.1 - Some advertising for the Rapid'Catalogues service itself could appear on the pages of the catalogue of the user.
9.2 - Some advertising for products or services other than Rapid'Catalogues could appear on the pages of the catalogue of the user.
Article 10 - Guarantee limited
The supplier gives no guarantee to the user relating to the Web server, its condition, its components hardware and software, its availability, and the supplier gives no guarantee to the user relating to the profit (financial or non financial profit) that the user could get with his/her catalogue or by using the service.
Article 11 - Reponsibility limited
11.1 - The supplier can not be responsible for injury, direct or not direct, in one or other of the following situations, which list below is not restrictive:
- alteration, modification, update or addition of software on the Web server that could affect the catalogue;
- virus intrusion in the Web server or in the catalogue that could affect the catalogue;
- migration of the catalogue in a different hardware or software configuration or environment;
- Aappropriation, alteration, modification, deletion or destruction, illegal or not authorized, completely or partially, of files or directories of the catalogue;
- lost of profit or income linked to the operation or to the lack of operation of the catalogue, to the use or to the misuse or to the lack of use of the catalogue, or of the information that are displayed on the catalogue or that should be displayed.
- illegal or unauthorized intrusion of a third party in the Web server or in the catalogue;
- temporary overload of the bandwidth;
- internet connection interruption for a reason that is not in the control of the supplier.
11.2 - In no situation the supplier can be responsible for not direct injury, toward the user or a third party, even if the supplier has been awarned that such injury could be experienced.
Article 12 - Compliance not guaranteed
12.1 - The compliance of the catalogue with the regulation and laws in the country or in the field of activity of the user is not guaranteed, particularly, and this list is not restrictive, regarding to the identification of the user on his/her catalogue, to the mentions that must appear on the catalogue for the user to be allowed to show his/her commercial offer and his/her prices.
12.2 - The compliance of the documents that are generated and sometimes sent by e-mail by the catalogue with the regulation of the country or of the field of activity of the user is not guaranteed. It is particularly valid for the order forms, the invoices and the e-mails.
12.3 - The user can input customized data in several areas on pages that he/she can access with his/her login and password, that allow the user to make his/her catalogue and the documents that his/her catalogue generates compliant with the regulation of his/her country or of his/her field of activity.
12.4 - Making his/her catalogue and the documents that the catalogue generates compliant with the regulation in his/her country or in his/her field of activity is an obligation that lies with the user.
12.5 - There is no guarantee that the catalogue and the documents generated by the catalogue are customizable enough to allow the user to make his/her catalogue compliant with the regulation in his/her country or in his/her field of activity.
Article 13 - Bandwith limited
13.1 - The catalogue of the user can be browsed in the monthly limit of 1 GB (one gigabyte) of data transfered.
13.2 - Once the catalogue of the user is over the monthly limit it can be interrupted by the supplier until the first day of the following month, but other arrangement between the supplier and the user.
Article 14 - E-commerce functionalities
14.1 - The user can get on his/her catalogue some functionalities, which main purpose consists in adding a shopping cart on his/her catalogue, in which the people who browse the catalogue can put some products advertised by the user in order to purchase on-line these products to the user. These functionalities are called "e-commerce functionalities".
14.2 - The e-commerce functionalities may not be available just after the creation of the catalogue. The user must in this case "activate" these functionalities to get it on his/her catalogue.
14.3 - The user is free to not activate or to deactivate the e-commerce functionalities, if he/she descides not to have such functionalities available on his/her catalogue.
14.4 - The user who uses the e-commerce functionalities gives his/her guarantee that it is possible for him/her to get such functionalities on his/her catalogue, particularly regarding to the regulation in his/her country or in his/her field of activity.
14.5 - The e-commerce functionalities are used under the responsibility of the user.
14.6 - The user is aware of the risks he/she takes by using the e-commerce functionalities on his/her catalogue, and that he/she must increase the awareness with which he/she manages his/her catalogue once the e-commerce functionalities are used, particularly, but this list in not restrictive, regarding to the determination and the display of the prices of his/her products and regarding to the respect of the rules that may be imposed by the manufacturer or provider of the products.
14.7 - The user is responsible for acting as necessary in the event of fraud or fraud attempt from someone browsing his/her catalogue that could make or try to make a purchase fraudulently.
14.8 - Once activated for the first time, the e-commerce functionalities are configured with default settings, that the user must modify to suit his/her requirement. It is the case particularly, but this list is not resctrictive, for the drawing up and the input of his/her terms of sale, for the determination and setting of the VAT rates, for choosing the prices display options, for the customization of the order forms and invoices, and for the determination and setting of the freight charges calculation rules.
14.9 - The service allows the user to deactivate on his/her own the e-commerce functionalities when he/she wants.
Article 14.10 - On-line payment
14.10.1 - The e-commerce functionalities do not include an on-line payment.
14.10.2 - An on-line payment system can be set up on his/her own by the user who uses the e-commerce functionalities, by selecting a on-line payment solution editor third party in a list made by the supplier.
14.10.3 - Setting up an on-line payment system on the catalogue of the user involves one or several on-line payment solution editors third parties.
14.10.4 - If the user wants to get on his/her catalogue an on-line payment system from an on-line payment solution editor third party that doesn't appear in the list in which the user can select one, so the user may tell the name of this on-line payment solution editor third party to the supplier.
14.10.5 - The supplier can add an on-line payment solution editor third party in the list in which the user can select one, but can also refuse to add it. The refusal of the supplier to do it can be justified, but this list is not restrictive, by the too complicated set up of the on-line payment solution on the service or by the too low number of users that the supplier thinks they will use the on-line payment desired by the user.
14.10.6 - The user who uses the e-commerce functionalities and who has set up an on-line payment on his/her catalogue is responsible for getting, configuring and using an on-line payment system on his/her catalogue.
14.10.7 - The user is aware of the risks he/she takes by setting up and using an on-line payment system on his/her catalogue, and that he/she must increase the awareness with which he/she manages his/her catalogue once the on-line payment is set up.
14.10.8 - The supplier kindly advises the user that has set up an on-line payment system on his/her catalogue, in the limit of the compliance of these advices with the regulation in the country of the user or in his/her field of activity, but this list in not restrictive, to write in his/her terms of sale a clause that makes the user owner of the products he/she sells on-line as long as the full price that his/her customers have to pay is paid, to write in his/her terms of sale the countries in which he/she can deliver the products he/she sells on-line and the delivery delays.
14.10.9 - When a customer of the user pays on-line an order made on the catalogue of the user, the user can see if the payment ha been processed successfully or not in the page in which he/she can see every sales that he/she has made thanks to his/her catalogue. This is just an information, and the information given by the on-line payment solution editor third party only must be considered.
14.10.10 - The user is responsible for acting as necessary in the event of fraud or fraud attemps from a customer of the user who woud pay or try to pay in a fraudulently way an order on the catalogue of the user.
14.10.11 - Setting up an on-line payment system on the catalogue of the user is not included in the free use offer of the service, even if the user can get it and use it it for free in a first time.
14.10.12 - Getting an on-line payment system on his/her catalogue will be charged to the user at an annual fee, which amount is advised on the website of the service.
14.10.13 - The annual fee the user must pay to the supplier in order to get an on-line payment system on his/her catalogue doesn't include all charges and fees the on-line payment system editor third party may ask the user to pay.
14.10.14 - The user who has set up an on-line payment system on his/her catalogue must configure it on his/her catalogue.
14.10.15 - The user who has set up an on-line payment system on his/her catalogue must configure it, set every parameter and settings required by the on-line payment solution editor third party.
14.10.16 - The user must check that the on-line payment solution editor third party is able to process on-line payments in the currency in which the user displays his/her prices on his/her catalogue.
14.10.17 - The supplier can not be responsible for any problem between the user and an on-line payment solution editor third party.
Article 15 - Domain name
15.1 - The catalogue of the user can be accessible under a domain name.
15.2 - The user can be the owner of the domain name under which he wants his catalogue to be accessible, or can let the supplier manage the domain name for the user.
15.3 - Domain name management by the supplier
15.3.1 - The management of the domain name by the supplier includes the acquisition and the periodical renewal of the domain name.
15.3.2 - The supplier can get a domain name only if the domain name is available at the date and time the supplier tries to get the domain name.
15.3.3 - The supplier can't be responsible for not being able to get a domain name, even if the supplier let the user know that the domain name is available first, before letting the user know that the domain name is no longer avaiable when the supplier tries effectively to get the domain name, as for example the domain name can have been taken by someone else in the meantime.
15.3.4 - The user must pay a specific fee on a perdiocial base due to the management of the domain name by the supplier, which amount and periodicity are mentionned on the website of the service.
15.3.5 - If the user fails to pay at least one time the periodical fee due to the management of the domain name, the domain name is considered like given up by the user, even if geeting a domain name for the catalogue of the user is compulsory.
15.3.6 - The supplier can have the ownership of the domain name for a user's catalogue with his own name. In this case the domain name can be transfered to the user if the user requests it to the supplier, in which case the user continues on his own the management of the domain name. The supplier will however make sur of the identity of the person requesting the transfert of the domain name before transferring it.
15.3.7 - The supplier does not take any more responsibility in the catalogue of the user due to the management by the suppier of the domain name. The user remains responsible particularly for the content of the catalogue, and more generally the present terms of use apply to the catalogue of the user even if the catalogue is accessible under a domain name and even if the domain name is managed by the supplier.
15.3.8 - All changes affecting the management of the domain name can be transfered to the user. For example a change of fare of the domain name, change of the periodicity of the payments of the domain name, change of constraints and conditions in the ownership of a domain name.
15.3.9 - The supplier can't be responsible for changes affecting the management of the domain name, which can be transferred to the user.
15.3.10 - The supplier can get with his own name and for his own use a domain name that was initially managed for the user, after the user gave up the domain name.
15.3.11 - The supplier can transfer the management of the domain name to the user.
15.4 - The supplier must configure the domain name in order to make the catalogue accessible under the domain name in the case the supplier manages the domain name, otherwise the user must configure the domain name on his own.
15.5 - In the event of the user managing on his own the domain name, it may not be possible to configure the domain name in order to get the catalogue of the user accessible under this domain name. In such case the supplier can't be responsible for the configuration of the domain name to be impossible.
Article 16 - Intellectual property
Apart from the content of the catalogue that comes from the user, everything on the catalogue is the exclusive ownership of the supplier.
Article 17 - Errors correction
The supplier only can correct every error that may affect the service.
Article 18 - Trespassement of the terms of use
Every catalogue that is not in compliance with these terms of use, for example in the event of illegal content, can be deleted by the supplier without notification.
Article 19 - Deleting a catalogue
The user can delete himself/herself his/her catalogue when his/she wants. For that the user must go on the page in which he/she can modify his/her personal or corporate information. In this page there is a link that allows the user to delete his/her catalogue.
Article 20 - Valid law
This contract is made under the french law.
Article 21 - Modification of the terms of use
These terms of use can be modified by the supplier without notification.
Article 22 - Consultation of the terms of use
These terms of use can be consuted on the website of the service.
Article 23 - Force majeure
None of the supplier or the user can be considered in fault regarding these terms of use in the case of force majeure.
Article 24 - Coming into force
These terms of use come into force when the user accepts it when he/she creates his/her on-line catalogue.
