In effect from 01/12/2020
# General conditions of sales
Please read these Terms before using the Services. By signing up, the Client is entering into a binding contract with Aboutgoods and he expressly acknowledges these terms. The use of these Services is subject to a subscription plan (see Article 6).
Terms = These General conditions of sales.
Aboutgoods / the Company = Aboutgoods Company.
Client: any professional or natural person within the frame of articles 1123 and following of the Civil Code, or legal person, who subscribes to the Services. Any Client will be subject to these terms and conditions.
Services: all services available on the Site and via Kweeri’s APIs.
Site : https://kweeri.io (opens new window) and all his subdomain.
These General conditions of sales set the terms and conditions under which Aboutgoods Company allows the use by the Client of the Services.
Aboutgoods reserves the right to change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site, along with a notice of the effective date of the updated Terms. By still using this Site four (4) months after Aboutgoods has updated the Terms, you are agreeing to all of the updated Terms. If you do not agree with any of the updated Terms, your only recourse will be to stop using the Site.
# Article 1. Eligibility
By using the Site and the Services, you represent that you are 18 years of age or older. If you are using this Site and the Services on behalf of an entity, you represent that you are authorized to legally bind such entity to the Terms. If Aboutgoods believes that you do not meet any of these requirements the Company may immediately terminate your use of the Services.
# Article 2. General Obligations of the Company
The Company undertakes to perform the Services in accordance with the provisions of the agreement, as well as the laws and regulations in force applicable to its business.
In compliance with the provisions of the Terms, Aboutgoods will implement the means and resources necessary and sufficient as well as its knowledge, know-how and experience in the area of IT, statistics and logistics in order to provide the Services.
Under its general advisory obligation, Aboutgoods will make its best efforts to inform, advise and warn the Client about the Services and decisions related to the performance of the Services that the Client is led to take and that are brought to the knowledge of the Company.
The relationship between Aboutgoods and the Client shall not be deemed as a labor relationship and, consequently, Aboutgoods shall carry out its activities with no subjection to the Client instructions, except all the reasonable instructions specially agreed with the Client for the performance of the Services.
Aboutgoods agrees that all Services will be rendered by the Company itself as an independent contractor and that these Terms do not create an employer-employee relationship between the Client and Aboutgoods.
# Article 3. System availability
The Company’s deliverables are rendered according to the principle of “the best effort”. Aboutgoods takes appropriate measures to ensure that the Services can be used without interruption at all if possible.
The Client is, however, aware that the Services and further components of third parties, the proper functioning of which can not be influenced by Aboutgoods, form a technically complex system, for which reason Aboutgoods cannot provide a guarantee for the continuous and complete availability of these components. Disruptions due to system maintenance, updates etc. will be announced in advance (email notification); for schedulable operations, a notice period of 2 working days is complied with.
Urgent and immediately necessary operations which trigger a disruption of the Services availability can be carried out without prior notification for quick problem solving or prevention of potential hazards (e.g. virus attack).
# Article 4. Threatened data security
If Aboutgoods detects a threat to the proper operation on account of negligent or malicious activities of external sources (DOS attacks, virus attacks et al), Aboutgoods is entitled to immediately undertake all steps necessary to protect their own infrastructure and software against damage.
# Article 5. Support
Company Support may be available according to the pricing plan you subscribed for. Support provided outside of the terms of your pricing plan will be charged. To know the full conditions, please refer to the pricing page here:
- Free : no support
- Lite : 2h / month
- Regular : 5h / month
- Custom : contact us
From Mondays to Friday from 10:00 until 17:00 (CET) by telephone or by e-mail at support@Aboutgoods.com (non-cumulative). The support price outside of these hours is 120€ excluding Taxes/h.
Company support is based in a Business Week Standard 7 x 5 x 4 (7 hours on 5 days monday-friday, 9am-5pm within 4 hours response time) guaranteed response.
# Article 6. Pricing
The subscription plans for the contracted Services are detailed in the price list available here:
Subscriptions plans and pricing are subject to change. However, any pricing changes or changes to your subscription plans will be applied to subsequent billing cycles. You will be noticed by these changes at least 30 days before they become effective.
# Article 7. Industrial and/or intellectual property rights
The parties expressly agree that any industrial and/or intellectual property rights which may derive from the rendering of the Services or which may be accessed by any party in execution of these Terms shall be exclusive property of the disclose party, save to that developed by Aboutgoods in execution of these Terms that shall be exclusive property of Aboutgoods.
The Client hereby assigns to Aboutgoods any industrial and/or intellectual property rights which Aboutgoods may develop in relation with the execution and development of these Terms, worldwide and for the longest period permitted by law, provided that these developments are not billed to the Client.
Parties agree to sign and execute and make its employees, agents or servants, if any, sign and execute any public or private documents that may be deemed necessary in order to give full completion to the content of this clause.
Parties acknowledge and agree that the ownership of all applicable copyrights, trade secrets, trademarks and any other industrial and/or intellectual property rights related to the activities of each party are solely held by each party and shall not be transferred to the other party by virtue of these Terms or any amendments thereof.
# Article 8. Secrecy
The parties mutually commit themselves to retain all confidential information of the other party as secret.
Aboutgoods will treat the Client’s data with the utmost care and protect the data from malpractice and loss. To this end, Aboutgoods adopts technical and organizational measures which correspond at least to the General Data Protection Regulation (GDPR).
# Article 10. Data transfer
The Client is responsible for the legitimacy of the transfer of data and, as the case may be, its use. All data of the Client stored or processed by Aboutgoods is the sole property of the Client and is used by Aboutgoods exclusively for purposes of fulfilling the contract, unless a specific agreement is signed between the Client and the Company.
# Article 11. Anonymous analysis
In as much as it is legally admissible, the Client permits Aboutgoods to use the data stored for the Client for anonymous analysis; for instance for statistical purposes, as well as to exploit the analysis.
# Article 12. Liability
As the settlement of online payments entails a high complexity and takes place under participation of numerous parties, it is agreed expressly that Aboutgoods can only be held liable for such circumstances which lie within the sphere of influence of Aboutgoods, thus especially those originating in that part of the infrastructure which is run and controlled by Aboutgoods.
Aboutgoods is not liable for damages resulting from (connection) faults, the cause of which lies beyond the field of influence of Aboutgoods (e.g. errors on the part of the acquiring partner, the Internet connection, etc.). Other than that, the liability is limited to gross negligence and intent.
Aboutgoods expressly excludes any liability for indirect or so-called secondary failures. No party is liable for the non-performance or delayed fulfilment of its obligations if this can be ascribed to force majeure, including strikes. In such a case, the affected party will inform the other immediately about the occurring force majeure.
# Article 13. Accounts and Passwords
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Aboutgoods immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Aboutgoods or any other User of the Site due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Aboutgoods will not be liable for any loss or damage arising from your failure to comply with these obligations.
As stated in article 9, Aboutgoods will do its best to protect your data, including account information and passwords.
# Article 14. Electronic Communications
By registering to the Site, you consent to receiving electronic communications from Aboutgoods. These electronic communications are part of your relationship with Aboutgoods. You agree that any notice, agreement, disclosure or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
# Article 15. Termination
These Terms shall terminate under any of the following circumstances, without the need for legal resolution:
- Upon termination of the same, as established in.
- By mutual agreement of the parties.
- If any of the parties breaches, totally or partially, any of the obligations incurred by these Terms, without repairing said breach within fifteen (15) days from notice of said breach in written form with confirmation of receipt issued by the complying and damaged party.
The termination of these Terms shall involve:
- Automatic termination of Services.
- The “Custom” plan may be terminated by either party upon three (3) months' prior written notice by registered letter with advice of delivery or equivalent.
- In the case of early termination, the partners undertake to complete their current actions and to pay, if applicable, the all amount due.
- On explicit written request from the Client, the Company will cancel any private data which would have been handled and/or copied by Aboutgoods on behalf of the Client during the period of the contract, such as receipt pictures or related basic and other product data.
For any written request please use the following mail address :
1, Esplanade Augustin Aussedat, 74960 Cran-Gevrier, France
# Article 16. Breach
Any breach of these Terms by any of the parties shall be resolved within fifteen (15) days of receiving written notice thereof. Any uncured breaches, or breaches which by nature are not capable of being remedied, shall entitle the other parties to claim its fulfilment and indemnification of damages resulting from the said breach.
# Article 17. Applicable law and Jurisdiction
These Terms shall be governed by French laws. In order to resolve any dispute which could arise in relation to the interpretation and/or performance of the provisions of these Terms, both parties submit to the jurisdiction of the Courts of Paris - France expressly waiving any other legislation or jurisdiction that may apply to them.