This Leadjet Subscription Terms of Service ("Agreement") is entered into by and between the Leadjet entity set forth below ("Leadjet") and the entity or person placing an order for or accessing any Services ("User" or "you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "User" reference your company.
This Agreement permits the User to purchase subscriptions to online software-as-a-service products and other services from Leadjet pursuant to any Leadjet ordering documents, online registration, order descriptions or order confirmations referencing this Agreement ("Order Form(s)") and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern User's initial purchase on the Effective Date as well as any future purchases made by User that reference this Agreement.
The "Effective Date" of this Agreement is the date which is the earlier of (a) User's initial access to any Service (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement.
Growster, a French Société par Actions Simplifiée with a share capital of 1000 euros, registered with the Trade and Commerce Register of Romans-sur-Isère under the number 882 838 295, having its registered address at 265 allée des sapins, 26500 Bourg-les-valence, France, represented by Jeremy Giraud duly authorized for the purposed hereof ("Leadjet") and any person registered in its own name or in the name and on behalf of a legal entity (the "Customer") wishing to use the services offered on the Leadjet platform accessible at the address https://www.leadjet.io/
Leadjet and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".
If the User is a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Platform (these persons are hereinafter indistinctly referred as a "User"). The "Marketer" shall mean the User who wishes to use APIs available on the store to collect data on the Internet.
In such a case, the legal entity undertakes to bring these Terms and Conditions to their attention. It guarantees that these persons will comply with these Terms and Conditions and, in any case, further warranties Leadjet for any breach by these Users of these Terms and Conditions.
These Terms and Conditions define the conditions under which the User can use the Platform.
Any registration on the Platform implies unreserved acceptance of the Terms and Conditions, which the User acknowledges having read and understood.
contact : firstname.lastname@example.org
Last update : 19th May 2020
Leadjet may modify this Agreement. Unless otherwise specified by Leadjet, changes become effective for the User upon renewal of the User's current Subscription Term (as defined below) or entry into a new Order Form. Leadjet will use reasonable efforts to notify the User of the changes through communications via the User's account, email or other means. The User may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute the User's acceptance of such updated version. If Leadjet specifies that changes to the Agreement will take effect prior to the User's next renewal or order (such as for legal compliance or product change reasons) and theUser objects to such changes, the User may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees the User has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.
You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of this site, you agree:
The user is reminded that articles 323-1 and following of the French Penal Code provide for sentences of up to five (5) years in prison and fines of up to 150 000 Euros for the following:
In any case, Leadjet has, a priori, no control over the robots, the collected data, the operations carried out and/or other content of Users on the Platform because the Users decide on their use.
The Users acknowledge that Leadjet shall in no event be held liable in the event that the Users fail to comply with the provisions of this Article.
Leadjet undertakes to respond promptly to any request related to a use of the platform that is obviously illegal and that would breach the rights of a third party. To this end the user (i) acknowledges and accepts that its use of the platform may be immediately suspended, temporarily or definitively; and (ii) warrants Leadjet for any harm, expense or damage that such a use of the platform could create for it.
Intervention by Leadjet on the platform is strictly limited to: (i) those operations necessary for the provision of developments ordered from Leadjet by a user; (ii) maintenance and/or support required to keep the Platform operational; (iii) deleting obviously illegal content hosted on the platform and of which Leadjet has been made aware.
Apart from generating statistics on platform use, these traffic analyzing cookies will also, in association with certain types of advertising cookies (used on third party platforms and/or contents when the user accesses them), deliver more relevant Web advertising.
The User may terminate his/her subscription from their account settings or by sending an email to email@example.com. The termination of the subscription shall be effective upon expiry of the ongoing Subscription period.
Would s/he wish so, the user may request that Leadjet deletes its account.
Leadjet reserves the right to (i) suspend access to the platform or to certain functionalities of the Platform, or to (ii) terminate the account of the user by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:
Leadjet reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by Leadjet.
Leadjet shall under no circumstances be held liable to the User, a developer or to any third party for the termination and/or suspension of the user's account under the conditions set out in this article.
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, Leadjet has no general obligation to monitor the information that it hosts on the platform.
If the User should find that content put on line on the platform and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party's rights, defamatory), the User can notify Leadjet by sending an email by using the signalling tool made available in the profile pages.
The user must supply Leadjet with all of the necessary information so that Leadjet can identify the content in question and/or point it out to the editor or the administrator of the platform on which the unlawful content is broadcast, such as:
Leadjet reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.
If any modification of these terms and conditions arises, Leadjet undertakes to submit the new terms and conditions to the User's acceptance the next time said user connects to the platform.
The user will be able to access them through her/his personal account and on the Platform.
Any user who does not specifically accept the new terms and conditions may terminate his/her account in application of these terms and conditions Article 11.3 stipulations.
Neither party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure.
If a case of Force Majeure should occur, the performance of the obligations of each party shall be suspended. If the Force Majeure should last for more than one (1) month this agreement may be terminated at the request of the most diligent of the parties, with neither party being held liable. Each of the parties shall bear their own costs that may be incurred as a result of the Force Majeure.
If one or other party fails to exercise any one of its rights under the terms of this agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the party in question.
Computerized records shall be kept in the systems of Leadjet under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the platform or via email.
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these terms and conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of these terms and conditions should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, in compliance with the applicable legislation and the mutual intent of the parties.
These terms and conditions are governed by French law.
Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these terms and conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.
This terms are effective as of 06 June 2020.