PREAMBLE
The present General Conditions of Use (hereafter General Conditions) apply to any use of the Service and all the contractual relations concluded between the company KickandBoost and its Customers on the site accessible at the following address: https//www.KickandBoost.com
The company KickandBoost, a simplified joint stock company under French law, having its registered office at IMMEUBLE NEW DEAL - 35 RUE DE MARSEILLE - 69007 LYON, France, registered in the Lyon Trade and Companies Register under number 829 359 694, represented by its current legal representatives (hereinafter referred to as "KickandBoost"), and between any legal entity, or any individual acting in a professional capacity, under private or public law wishing to benefit from one or more services offered by the company KickandBoost.
To use the services offered by KickandBoost on the Platform, the Customer, both Seller and Buyer, must read and accept these General Terms and Conditions without restriction or reservation. This acceptance will be materialized at the time of the creation of its account on the Site.
DEFINITIONS
For the purposes hereof, the words listed below shall have the following definition:
PURCHASE ORDER: means the detailed written document defining the Project and the terms and conditions of performance of the service between the Customer "Buyer" and the Customer "Seller" and including the Seller's general terms and conditions of sale. It is established at the time of purchase. For certain projects, it will only be definitive if a sales objective determined by the Seller is reached.
CUSTOMER: designates the user of the Site, acting in a professional capacity, a legal entity under private law or any natural person acting in a professional capacity, to the exclusion of persons acting as consumers. The legal entity Customer shall be represented by a natural person, duly authorized for the purpose hereof.
The Customer "Seller", hereinafter "the Seller", means the Customer offering a service, software, a training module, more broadly any intangible service (the Product). The Customer "Buyer", hereinafter "the Buyer", means the Customer purchasing a service, software, training module. Purchaser Customers are also professionals.
The Seller Customer and the Buyer Customer will be referred to hereinafter as "the Customer(s)".
SALE: period during which Buyers may acquire Products offered by Sellers.
COMMISSION: means any sum received by KickandBoost in consideration of the proposed Service of putting in contact.
SUBSCRIPTION: refers to any amount received by KickandBoost in return for the proposed matchmaking service.
COUNTERPARTY: service provided by the Seller to the Buyer. This counterpart can take various forms depending on the Product concerned.
FINANCING: financial contribution paid by the Buyer(s) to the Seller.
PLATFORM: shall designate the Internet site managed by KickandBoost on which are presented the Products of the Sellers.
PRICE: designates the financial participation (Financing) of the Buyer paid to the Seller for the service.
PRODUCT: designates the offers of studies (market, consumer, economic, technical or competitive studies), software, training modules or any other intellectual or immaterial service carried out by the Seller. The subjects of these studies, training modules and software are put online on the Platform developed by KickandBoost.
SERVICE: refers to all the services offered by KickandBoost.
WEBSITE: refers to the Internet site, published by KickandBoost, accessible at the following address: https://kickandboost.com.
TRANSACTION: means the transactions entered into through the Service offered by KickandBoost between the Seller and the Buyer to which KickandBoost is not a party.
MANGOPAY: platform for collecting funds on behalf of third parties: marketplaces, crowdfunding platforms and collaborative economy.
The present General Conditions are intended to describe the Services proposed by KickandBoost, the terms of use of the Platform as well as the legal and financial conditions of the Services proposed by KickandBoost to the Buyers and Sellers.
The present General Conditions, and if necessary the particular conditions and/or appendices put on line by KickandBoost are applicable.
By registering on the Site, the Buyer and the Seller acknowledge having read all of these Terms and Conditions and the Privacy Policy, and accept them without reservation.
KickandBoost reserves the right to modify these Terms and Conditions. The new Terms and Conditions will be notified to Buyers and Sellers, who must accept them without reservation in order to use the Service.
KickandBoost undertakes to implement all means allowing Buyers and Sellers a reliable and fast access to the Site, the Platform and the Service. The Site, the Platform and the Service offered are accessible 24 hours a day, 7 days a week, subject to accidental interruption or necessary for the proper functioning of the Service, such as a maintenance operation. This possible interruption shall not give rise to any compensation.
The place of hosting of the Service and storage of Customer information is located within the European Union.
KickandBoost makes its best efforts and takes, within the framework of an obligation of means, all security measures to prevent unauthorized access to the infrastructures on which the data of the Customers are stored.
KickandBoost is a platform created by the company KickandBoost.
The company KickandBoost offers a Service of setting in relation between professional Customers: Buyers and Sellers.
Registration on the site is free.
KickandBoost provides a meeting place where Buyers and Sellers complete and finalize their Transactions.
The Service proposed by KickandBoost is reserved to the legal entities of private right, or any natural person acting as a professional, with the exclusion of the natural persons consumers.
As an intermediary, KickandBoost is not party to the Transaction concluded between the Buyers and Sellers, materialized by a Purchase order.
The Service consists of a set of tools and interactive interfaces proposed by KickandBoost on the Platform and allowing :
to the Buyers :
to Sellers:
The Service also allows Sellers and Buyers Customers to exchange via the Platform.
The Seller details the Product and determines the associated Consideration. The description of the Product specifies the different Counterpart(s) proposed by the Seller.
As such, the Buyer acknowledges having verified the adequacy of the Consideration proposed by the Seller with its needs and having received all the information and advice necessary to conclude the Transaction with full knowledge of the facts.
The Transaction is carried out either :
In all cases, KickandBoost is not a party to this transaction.
The transaction will give rise to the payment of a commission or subscription by the Seller to KickandBoost, depending on the formula chosen by the Seller.
To access the KickandBoost Service each Customer, both Seller and Buyer, must create a customer account. The Seller must provide all the information related to his company. In order to justify the reality of its economic activity, the following documents may be requested:
As well as any other document requested by the payment platform, MANGOPAY, within the framework of the fight against money laundering. KickandBoost reserves the right to refuse the creation of a customer account if the Seller does not provide the requested documents.
In the event of a change in any of this information, the Customer will have to update it without delay. The Buyer using the Platform remains anonymous vis-à-vis the public and Internet users connecting to the Platform. The Seller only knows the identity of the Buyers for the purposes of issuing the invoice. The Customer may unsubscribe from the Platform at any time by deleting his customer account.
Customer accounts may be subject to a verification procedure by KickandBoost. KickandBoost reserves the right to refuse the creation of an account of any natural person or legal entity whose activity seems non-existent or doubtful.
To reach the Service, the Customer will have to use, under his whole responsibility, the identifier and the password which he will have created at the time of the opening of his account. The Customer will be responsible for any activity or action, authorized or not, on his customer account.
The Customer will have to report to KickandBoost any loss, theft or fraudulent use of its identifier and/or password, or any fraudulent activity of its customer account, and KickandBoost will then be able to suspend the use of the customer account concerned.
The Seller may offer different types of Products:
This list is not exhaustive.
The Projects are presented on the Platform under a title, freely chosen by the Seller, and accompanied by a precise technical description containing, in particular, the following information:
KickandBoost may refuse to validate a Product, and in particular in the following cases:
The Purchase Order is generated by KickandBoost (in order to preserve the confidentiality of the Buyers during the Sales period) on the basis of the information communicated by the Seller. The Seller is solely responsible for the information transmitted to KickandBoost for the establishment of the Order Form.
The Order Form is detailed according to the characteristics of the Product and contains in particular :
The validation of the Transaction, as well as the acceptance of the Seller's terms and conditions of sale, will be made by a click of the Buyer on the button "ORDER". This will generate an Order Form established between the Seller and the Buyer.
However, the Purchase Order is final only at the end of the Sales phase and if there is no request for reimbursement by the Buyer.
Buyers finance or purchase a Product.
The payment of the Transaction Price and of the Commission are made through the payment platform MANGOPAY.
Payment can be made by :
Credit card: the amount is immediately debited from the Buyer's bank account Only the following credit cards are accepted: Carte Bleue, Visa Card, MasterCard.
Bank transfer: in order to proceed with the payment a bank account number will be sent to the Buyer. The Buyer's participation in the Sale Phase will only be taken into account once the payment has been made on the Platform. The transfer order must imperatively contain the number of the Order Form previously sent to the Buyer.
During the Sales Phase, the funds paid by a Buyer for a Product are sequestered and kept by MANGOPAY. At the end of the Sales Phase, the Order Form becomes final and the Seller issues an invoice which it sends to the Buyer. The Seller is solely responsible for the respect of the invoicing rules and the VAT regime applicable to the Transaction.
The Customer expressly agrees that the invoice may be sent to him electronically. At the end of the Sales phase, the funds collected will then be released and paid to the Seller by MANGOPAY after deduction of the Commission due to KickandBoost.
The Commission due by the Seller to KickandBoost will be paid directly by MANGOPAY.
KickandBoost provides its Services through :
1/ The payment by the Seller of an activation fee of 300 € HT when depositing the Product.
2/ the payment of a Commission of 15% VAT excluded, i.e. 18% including all taxes. The Commission is payable in euros and due by the Seller. The Commission is deducted from the sums received by the Seller via the MANGOPAY payment platform, which the Seller expressly acknowledges and accepts. Thus at the end of the Sales phase, the Seller receives by electronic means an invoice issued by KickandBoost and relating to the commission.
The general terms and conditions of MANGOPAY are available on the site: https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-FR.pdf. Both the Seller and the Buyer acknowledge having read them and accept them without reservation. The Commission may be revised by KickandBoost, without affecting the Contracts already concluded. KickandBoost informs the Seller by e-mail. Continued use of the Service constitutes acceptance of the new Commission.
3/ the payment of a monthly subscription according to the formula chosen by the Seller.
On the scheduled delivery date, the Seller shall transmit the Product, according to the delivery terms detailed in the description and in the Order Form. Upon delivery of the Product, the Seller shall provide the Buyer with a delivery note.
KickandBoost reserves the right to delist a product or vendor at any time during the sales phase.
If the Seller has taken out a subscription, this will be terminated at the end of the month following the delisting decision.
The Product(s) of the Seller concerned will be removed from the KickandBoost platform.
KickandBoost is committed as an intermediary, vis-à-vis the Customers and within the framework of an obligation of means, to carry out the services at its charge in the respect of the rules of art, by bringing all the care and diligence in accordance with the practices of the profession.
Seller and Buyer agree to these terms and conditions. They agree to comply with applicable laws and regulations, and to use the Service in good faith. The Customer guarantees the veracity of all the identification elements transmitted to KickandBoost and deposited on the Platform. KickandBoost reserves in all cases the right to request additional documents from the Seller, and the Seller agrees to comply with any requests from KickandBoost. Failing this, KickandBoost may suspend the provision of the Service.
The Seller guarantees that the Products contain authentic and truthful information and that the content is in accordance with the description of the Product presented on the Platform. In particular, the Seller guarantees that, to the best of its knowledge, the Products respect intellectual and industrial property rights, personality rights and, more generally, all rights belonging to a third party. In the same way, he declares to be the author and/or to have all the necessary rights on the whole of the Product that he realizes and puts on sale on the Site of KickandBoost.
Generally speaking, the Seller guarantees that its Products comply with the applicable regulations.
The Seller establishes, under his entire and sole responsibility, the invoices at the end of the Sales phase in compliance with the rules of invoicing and the VAT regime applicable to the Transaction.
In particular, the Buyer must ensure, under his entire responsibility, that the Product meets his expectations.
The relationship between the Seller and KickandBoost is governed by these terms and conditions.
When creating his customer account, the Seller accepts the terms and conditions of the Service of setting in relation proposed by KickandBoost.
For each Product, the Seller must establish a precise description in the Order Form and send its General Terms and Conditions of Sale to the Buyer. Failing this, KickandBoost reserves the right to refuse a Product that is insufficiently detailed.
At the end of the Sales phase, the invoices are issued by the Seller, under his sole responsibility, and will be sent to the Buyer.
The relationship between Seller and Buyer shall be governed by these terms and conditions and Seller's terms and conditions.
By signing the Order Form, the Buyer accepts the Seller's general terms and conditions of sale.
KickandBoost does not intervene in the realization of the Products but only provides the Service of putting in contact with the Customers. KickandBoost does not bring consequently any guarantee on the contents of the Product put on sale by the Salesman. This obligation is solely and exclusively incumbent on the Seller.
The company KickandBoost cannot be held responsible in the event of failure to deliver a Product or of inadequacy between the Project and the expectations of the Buyer(s). It is up to the Buyer(s) to ensure the relevance of the Product in relation to their needs and the use for which they intend it. Only the Seller may be held liable.
KickandBoost can in no way be held responsible if the Seller has infringed the rights of third parties and/or the Project carried out is infringing.
KickandBoost is committed to make inaccessible any illicit contents of the Platform which would be announced to him, and this, after checking and as soon as possible.
Lastly, KickandBoost declines any responsibility as regards the consequences of the Transaction concluded between the Purchasers and Sellers by its intermediary, to which KickandBoost remains third. Any litigation relating to the Transaction and the Purchase order is solved only between the Purchasers and Sellers, without KickandBoost taking part in it.
In the event of difficulty both in the delivery of the Product and its contents, KickandBoost will have no other obligation or responsibility than to do its utmost to put the Buyer in contact with the Seller. The claim will be dealt with between the Buyer and the Seller without KickandBoost intervening in any way whatsoever.
Moreover, the responsibility of KickandBoost is expressly excluded in the event of fact of the Customers, and in particular in the following assumptions:
If the responsibility of KickandBoost is engaged, it is limited to direct and material damage, to the exclusion of any other type of damage, and in particular indirect and immaterial damage (in particular, without this list being restrictive: commercial loss, loss of turnover, damage to the brand image, loss of data, commercial disorder, action of a third party against the Customer, etc.).
The amount of damages that may be due under the liability of KickandBoost is limited in quantum to the sums paid (Commissions) by the Seller to KickandBoost for the services in question.
In accordance with the article 34 of the data-processing law and freedoms modified, KickandBoost is committed taking all useful precautions in order to preserve the safety of information transiting on the Platform and in particular to prevent that they are not distorted, damaged or communicated to any third party.
KickandBoost is committed to keep confidential the information collected within the framework of the Service, and in particular refrains from communicating to any person other than all its personnel or a third party at the request of a competent administrative or judicial authority, in accordance with the applicable laws, information of any nature (commercial, technical, financial, etc.), which is communicated to it or of which KickandBoost has knowledge at the time of the execution of the Service. KickandBoost thus engages within the framework of an obligation of means to respect the following obligations and to make them respect by its personnel and subcontractors:
not to use information processed for purposes other than those specified in these general conditions ;
not to disclose this information to other persons, whether private or public, natural or legal persons;
to take all security measures, in particular material security measures, to ensure the conservation and integrity of the information processed during the duration of the Service.
With regard to Personal Data, KickandBoost is responsible for processing within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. KickandBoost undertakes to comply with all laws and regulations relating to data processing, files and freedoms, and in particular to carry out all appropriate prior formalities with the competent local data protection authorities.
The rights of access, rectification and opposition of the data subjects must be exercised with the data controllers. KickandBoost is satisfied to transmit the requests which would be formed near him by the people concerned.
KickandBoost and/or Seller shall not be liable if performance of the services, or of any obligation hereunder, is prevented or limited due to a force majeure event, such as fire, explosion, transmission network failure, epidemic, earthquake, flood, power failure, war, embargo, act of God, strike, boycott, or other unforeseeable circumstances beyond its reasonable control. In such circumstances, the affected party shall promptly give notice to the other party, and subject thereto shall be excused from performance of its obligations, and the other party shall similarly be excused from performance of its obligations, provided that the affected party shall use its best efforts to avoid or remedy such causes of non-performance and that both parties shall proceed promptly once such causes have ceased or been removed. The parties must keep each other regularly informed by e-mail of the evolution of the case of force majeure.
If a case of force majeure lasts for more than 30 days from the date of its notification, the Service may be terminated by operation of law at the request of either party, with no right to compensation on either side.
All texts, comments, illustrations, works and images reproduced or represented on the Site are the property of KickandBoost or KickandBoost holds the exploitation rights, and are protected by intellectual property rights. Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly prohibited, and may be qualified as counterfeiting.
These Terms and Conditions of Use apply throughout the duration of the Service offered by KickandBoost. In the event of a breach by the Customer of any of its obligations hereunder, and in the event of non-compliance by the Customer with these Terms and Conditions, KickandBoost reserves the right to interrupt access to the Service for the time necessary to obtain explanations from the Customer. If the Customer does not remedy the breach within seven (7) days of notification, the Service will be terminated by operation of law, without prejudice to any damages that may be claimed from the Customer.
In the event of malicious use and/or bad faith of the Site, KickandBoost reserves the right to interrupt the Service without notice.
KickandBoost reserves the right to interrupt the Service to carry out a maintenance operation, a technical intervention, in order to improve its operation or for any other intervention deemed necessary.
KickandBoost provides Customers with tools and technical documentation. If the Customer does not find the answer to his question, or in case of technical difficulty, the Customer can send his question by e-mail to the following address: support@KickandBoost.com.
Customers may report any abuse in the use of the Site at the following e-mail address: support@KickandBoost.com.
The headings and titles of the articles of the General Terms and Conditions are indicative, and have the sole purpose of facilitating reading, and do not in themselves have any contractual value or particular meaning.
The General Conditions are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
The present General Conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall fall under the jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Lyon.
KickandBoost is a simplified joint-stock company under French law, with its head office in: IMMOBLE NEW DEAL - 35 RUE DE MARSEILLE - 69007 LYON - France, registered with the RCS of Lyon under the number 829 359 694, code NAF 4791A, VAT intra-community: FR 91 829 359 694
Director of Publication: Khaled BAAZIZ
Hosting service : OVH