Terms and conditions of use

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Preamble

These general conditions of use (hereinafter referred to as the “GCU”) set out all the provisions applicable to the services offered on the www.welcometrack.com website (hereinafter referred to as the “Site”).

The GCU are available online on the Site. The Customer declares having read and accepted them, the use of the services offered by the company VIGICOLIS SAS and the signature of the contract imply the acceptance and the tacit adhesion and without reserve of the Customer to the present GCU and to the contract as it is defined hereafter.

Article 1: Definitions

Application Vigicolis : All the software, methods and processes that enable Vigicolis SAS to deliver all or part of the Services as described in art. 3 of these Terms.

Customer : natural person or legal entity having full legal capacity at the time of purchase or use of the Services offered by the company VIGICOLIS SAS and/or any natural person using these same Services under the Customer’s responsibility.

Account : Refers, on the Site, to the screen page from which the Customer can consult all his personal data communicated online to VIGICOLIS SAS and which it is the Customer’s responsibility to access.

Contract : these GCU as well as all contractual documents supplementing and/or amending them (special conditions of sale, order form, amendment, etc.).

Offer : refers to the service contract signed between the Customer and the Company, specifying the scope of the service.

Service : Refers to the services that enable VIGICOLIS SAS, in particular but not exclusively, to offer customers a set of services as defined in Article 3 of these General Conditions of Use.

Customer Service : all the technical, commercial and claims assistance services made available by the Company to its customers at the following addresses:

VIGICOLIS SAS – Customer Service – 24 rue de l’Est – 75020 Paris – FRANCE

Company : VIGICOLIS SAS with a share capital of 40,000 euros, having its registered office at 24, rue de l’Est, 75020 Paris (France) and registered with the RCS Paris 752 947 952 at the date of conclusion of the present Contract.

Site : Refers to the website published by VIGICOLIS SAS and accessible online at www.welcometrack.com through which VIGICOLIS SAS offers its Services.

Carrier : Refers to the transport service provider responsible for transporting and delivering the order to be delivered or dispatched.

Article 2: Acceptance of the General Conditions

Use of the site is subject to the Customer’s acceptance of the current General Terms and Conditions. Consequently, by using this site, the Customer acknowledges that he/she has read the General Terms and Conditions and accepts them. Customers who do not accept these General Terms and Conditions may not access or use the Services.

VIGICOLIS SAS reserves the right to modify or adapt its General Conditions at any time. Consequently, it is the Customer’s responsibility to consult these General Conditions regularly. Renewed use of the Site, after the effective date of entry into force of modifications, constitutes acceptance on the part of the Customer of these modifications.

Article 3: Services

The purpose of the Site is to provide distance selling (and therefore e-commerce) professionals, and more generally any company shipping a large number of parcels, with a solution for controlling their parcel shipments. The service is based on information provided by the Carrier to the Customer, enabling him to track his shipments. The services offered cover shipments from France to France, and to international destinations. Tracking information and lead time calculations for international shipments are indicative.

Vigicolis SAS provides Customers with access to an Application, the terms and conditions of use of which are set forth herein.

Subject to being a Vigicolis SAS Customer, the Services offered by Vigicolis SAS through its Site and the Vigicolis application are intended, in particular and in a non-exhaustive manner, to allow:

  • customers to track the status of their shipments by stage, provided they use a Carrier whose consultation interface is accessible to the general public via a link with no access formalities; or provided the Carrier has given the customer access to its information system to obtain tracking information
  • customers to detect anomalous parcels (out-of-time, lost or damaged), to view reporting and statistics tables, to be alerted to parcels requiring intervention by the customer or the recipient, to consult information/news and advice on controlling shipments and transport costs.
  • a Customer to communicate to its addressees information on the progress of packages being delivered/shipped;
  • a customer to claim compensation from any carriers who may be involved, while carrying out checks in case of doubt. VIGICOLIS SAS cannot be held responsible for any disputes over the validity of the claim. It is the responsibility of the customer using this function to carry out checks in case of doubt;
  • to the recipient of a parcel, to have access to delivery tracking information, and possibly to communicate with the Customer, for example to report an incident, or to express an opinion, etc…

To use the services offered by VIGICOLIS SAS, the shipping customer must have a contract of carriage with one of the carriers supported by the VIGICOLIS application, authorizing the shipping customer to access tracking information for himself and his customers. The claims management service made available to customers is intended to facilitate the processing of claims with carriers, but does not prejudge their outcome. Finally, customers are responsible for carrying out any necessary checks in the event of doubt as to the relevance or effectiveness of a claim.

Article 4: Financial conditions

Article 4.1: Order processing

The Customer declares that he has read and accepted these General Terms and Conditions before paying for his order, even in the case of a free service (e.g. “free test” or “trial period”).

Validation of the order and/or signature of the Contract implies acceptance of the general terms and conditions. The data recorded by the Company constitutes proof of all transactions with the Customer. The Customer must check the completeness and conformity of the information provided to the Company at the time of ordering, in particular the billing address.

The Company cannot be held responsible for any input errors and the consequences thereof.

Article 4.2: Rates

Rates for VIGICOLIS SAS services are available on request from commercial@vigicolis.com

In all cases, unless otherwise stated, the prices quoted do not include postal charges (e.g.: mailing with acknowledgement of receipt), nor fax and/or SMS charges. These will be invoiced in addition.

In the event that a trial period has been granted to the Customer, the terms relating to the possibility of trying out the Site and part of the Services free of charge for a specified period will be specified in the Contract entered into between the Customer and VIGICOLIS SAS. At the end of this trial period, the Customer has the option of continuing to use the Services, extending them or closing his account. In the event that the Customer, at the end of the trial period, no longer wishes to benefit from the Services of VIGICOLIS SAS, he must notify VIGICOLIS SAS in writing, which will then close his account. Should the Client fail to meet these requirements, VIGICOLIS SAS reserves the right to invoice the Client for the Services as described in the Contract. VIGICOLIS SAS reserves the right to change the rates for its Services by notifying Customers by email.

Article 4.3: Payment

The Customer may pay for services provided by Vigicolis SAS by direct debit. Any other method of payment (bank transfer, cheque) may give rise, for recurring payments, to the invoicing of a fee of €5 excluding VAT per invoice. Any expenses incurred by legal intervention on the Customer’s account will be charged to the Customer.

Article 5: Term, Termination and Deletion

VIGICOLIS SAS may terminate the Customer’s account governed by these Conditions at any time, at its sole discretion: (a) at any time, for any reason during a free trial period; or (b) following notification by VIGICOLIS SAS to the Customer of any breach of these Conditions. Notification may be made by e-mail or by post with acknowledgement of receipt. All fees due will become due and payable immediately if VIGICOLIS SAS closes the Client’s account. VIGICOLIS SAS will not issue any refunds in the event of a risk or suspicion of a breach of these Conditions, of applicable laws or of any inappropriate behaviour such as using the Services to send emails that do not comply with our Anti-Spam Policy described in article 6 of these general conditions.

Except in the case of specific contractual provisions, the Customer may, at any time, request Vigicolis SAS in writing to terminate the use of Vigicolis services. In this case, within 7 days of receipt of the letter or e-mail, Vigicolis SAS undertakes to stop billing for the service.

The Client acknowledges and accepts that termination shall in no way entitle the Client to claim any reimbursement or payment of any indemnity from Vigicolis SAS. Upon termination or expiration of this agreement, VIGICOLIS SAS may prohibit the Customer from accessing its account, as well as the content held by VIGICOLIS SAS, regardless of the storage medium.

Article 6: Anti-spam policy

According to the French Data Protection Authority (CNIL), spam is the repeated sending of unsolicited electronic messages to people whose e-mail address and/or telephone number has been irregularly captured and who have never consented to receive them. In order to offer a high quality service and to protect all our users, Customers undertake, when registering, to respect the following rules to combat spamming:

  • The Customer undertakes to reduce the “Spam” character of emails or SMS messages as much as possible: the subject of the email/SMS message must not be disappointing and must not mislead the recipient of the email/SMS message; the content of the message must correspond to the expectations of the recipient.
  • The Customer undertakes to clearly indicate the name and status of the sender of emails: No email may contain fraudulent or inaccurate headers. In particular, the “From”, “To” and “Reply To” fields, as well as the associated domain and email address, must be accurate and clearly identify the sender.

The Customer undertakes not to send any email or SMS containing an illegal or illicit message: no email or SMS may contain information of an illegal, defamatory, racist, pornographic, paedophilic nature, inciting racial hatred or more generally infringing on human rights; no email may contain information damaging the reputation of VIGICOLIS SAS, its affiliates, customers, partners or members.

Article 7: Intellectual property

VIGICOLIS SAS holds all intellectual and industrial property rights pertaining to the Vigicolis Corporate Site or the Vigicolis Application. As a Customer, the latter undertakes not to reproduce any of the elements of the Site and the Application. Any use to the contrary of all or part of the Site or of any of its elements shall constitute an infringement liable to result in civil and/or criminal proceedings against the Customer.

Article 8: Customer commitments and guarantees

Article 8.1: Obligation of confidentiality

The Customer undertakes not to communicate to any third party any information obtained through the use of the Site or Services, and in particular not to market any information from which he/she benefits as a Customer.
However, Vigicolis reserves the right to use the results and analyses made from the information provided by the Customer, in particular for the creation of trends, and to distribute them as it sees fit.

Article 8.2: Malicious acts

The following are strictly prohibited, under penalty of prosecution

  • any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services;
  • any intrusion or attempted intrusion into the Site’s systems;
  • any misuse of the Site’s system resources;
  • any action likely to impose a disproportionate burden on the latter’s infrastructure;
  • any breach of security and authentication measures, and
  • any act likely to prejudice the financial, commercial or moral rights and interests of VIGICOLIS SAS or its Customers.

It is strictly forbidden to access or attempt to access the services of the company VIGICOLIS SAS by means of an application other than those made available to customers by the company VIGICOLIS SAS.
In case of failure to comply with any of the provisions of this paragraph or more generally, violations of laws and regulations of all countries, the company VIGICOLIS SAS reserves the right to suspend the use of the Site and Services by the Customer at any time without notice.

Article 8.3: Warranties

The Customer shall remain solely and entirely responsible for enforcing, defending, indemnifying and holding VIGICOLIS SAS harmless from and against any and all claims resulting from any actual or alleged violation by the Customer of any international, federal, provincial or local law treaties, statutes, rules, regulations, ordinances relating to the Customer’s use of or access to the Site or Services or the Customer’s business, products or services, including without limitation, data and data privacy and the transmission of electronic mail messages, whether solicited or unsolicited.

The Customer declares, warrants and agrees for the benefit of VIGICOLIS SAS that:

  • the Customer has the right and authority to enter into this Agreement, and, if the Customer accepts this Agreement on behalf of a corporation or other entity, to bind the corporation or other entity to the terms of this Agreement;
  • the Customer has the right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement and any additional applicable agreements that the Customer may accept in connection with any of the Services,
  • all data, information or content that the Customer provides to VIGICOLIS SAS within the framework of this Contract and its access to the Site and use of the Service are accurate and up to date.

Article 9: Responsibility of Vigicolis SAS

Article 9.1: Commitment of VIGICOLIS SAS

VIGICOLIS SAS undertakes to provide its Services as a diligent professional, within the framework of an obligation of means. The nature of the data collected from the general public accesses of the carriers used by the Customer may vary without prior notice from the latter. The consequence for VIGICOLIS SAS is to proceed with a relearning of its algorithms, the duration of which depends on the variations in the data collected. Consequently, the feedback service offered by VIGICOLIS SAS and its application may be disrupted, without any prior notice to Customers. Neither the Carrier nor VIGICOLIS SAS are bound by reciprocal agreements leading to an obligation of mutual information.

Vigicolis cannot be held responsible for the failure or unavailability of carrier tracking services.

Article 9.2: Limitation of liability

In no event shall VIGICOLIS SAS or any of its employees or representatives be liable for any indirect, incidental, punitive, special, exemplary or consequential damages, even if VIGICOLIS SAS or any of its employees or representatives have been advised of the possibility of such damages, including, but not limited to, loss of revenue, loss of profits, business interruption, or loss of data. The total liability of VIGICOLIS SAS shall not exceed the fees paid to VIGICOLIS SAS, if any, for the use of the Site and Services, for the month preceding the date of receipt of the claim.

Article 9.3: Force majeure

Given the current state of technology, the Company undertakes to provide the services offered on the Site under the best possible conditions. However, the Company cannot be held responsible for any interruption to the Site resulting in particular from force majeure, a third party, a Customer, or technical hazards.

The Company cannot therefore be held liable in the event of failure to meet its contractual obligations due to unforeseeable, irresistible circumstances beyond the control of the parties.
The Parties agree, without this list being limitative, that damage originating from or caused by : natural disasters, fires, floods, lightning, power surges, strikes, power supply stoppages, telecommunications network failures, civil or foreign wars, riots or civil commotion, terrorist attacks, regulatory restrictions on the supply of telecommunications services, loss of connectivity and connection due to the public and private operators on which the Company depends.

Such cases suspend the Company’s obligations under the Contract. However, if one of these events lasts for more than three (3) months, the Parties may unilaterally terminate the Contract by sending a letter by registered mail with acknowledgement of receipt, indicating this decision.

Article 10: Privacy policy – Personal data

Customer information and data are necessary for the Company to manage orders and commercial relations. It may be transmitted to companies involved in order processing. This information is also kept for security purposes and to better personalize the offers made to the Customer and to carry out the Services requested by the Customer. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the Customer has the right to access, rectify and delete any personal data collected by the Company in the course of its business. These rights may be exercised directly on the Site or by writing to the Company:

VIGICOLIS SAS – Service Réclamation Données Personnelles – 9, rue Dareau – 75014 Paris (France).

The Site may use an automatic procedure to implant a cookie in the Customer’s computer, enabling it to record information about the Customer’s computer browsing on the Site. However, customers may prevent cookies from being stored by configuring their Internet browser accordingly.

In accordance with law no. 78-17 of January 6, 1978, the Customer undertakes to update his personal data as necessary. He also undertakes to ensure that his personal data is accurate, complete and unambiguous. He may, at any time, access, using his passwords, his Account on the Site containing all the personal data he has provided to the company VIGICOLIS SAS.

Concerning data supplied by VIGICOLIS customers to VIGICOLIS SAS, particularly information collected from carriers and information concerning recipients (name, address, e-mail, etc.), the customer undertakes to comply with the legal obligations in force, in accordance with law no. 78-17 of January 6, 1978. Thus, it is the Customer’s responsibility to declare to the CNIL any use that may be made by VIGICOLIS SAS of data transmitted to VIGICOLIS SAS, acting as the Customer’s subcontractor.

In accordance with law no. 78-17 of January 6, 1978, VIGICOLIS SAS undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security of personal data concerning its Customers and, in particular, to prevent their personal data from being distorted, damaged or accessed by unauthorized third parties.
Finally, the Customer acknowledges that the Company may be required, in accordance with its legal obligations, to disclose personal data concerning him/her in the context of legal proceedings (judicial requisitions, etc.).

Article 11: Compliance with the law

By using the Services, the Customer agrees to comply with all applicable laws.

Article 12: Applicable law and jurisdiction

French law governs these general conditions of use. In the event that the General Conditions of Use are translated or presented on the site in a foreign language, only the French language version of the General Conditions of Use between the Customer and VIGICOLIS SAS shall prevail.

Any action or proceeding relating to this agreement must be brought before the French courts, in the Paris Commercial Court.