TERMS AND CONDITIONS OF THE GENERAL USE
OF THE EKOSEA PLATFORM - EKOSEA.COM
AND THE RELATED DONATION SERVICES
DATED 12/03/2015
IT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE EKOSEA PLATFORM. BY ACCEPTING THEM, YOU AGREE TO COMPLY BY THE TERMS AND CONDITONS BELOW.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND YOU CANNOT RESPECT THEM, YOU THEREFORE MAY NOT BE ABLE TO BENEFIT FROM THE DONATION SERVICES OFFERED BY EKOSEA.
1 PREAMBLE
A. The general terms and conditions herein of the EKOSEA platform describe the terms and conditions applicable to access the Donation Services offered on the EKOSEA platform.
1. The EKOSEA company, is a company with a share capital of 12,350 Euros, whose registered office is at 1, rue Henry Honoré d'estienne D'orves 56100 LORIENT, registered in the Register of Trade and Companies of LORIENT under number 813 980 596 (hereafter referred to as "EKOSEA") is the owner of the operating license of the EKOSEA platform.
1. The Donation Services offered by EKOSEA are intended to link, via a Website, firstly (i) individuals or corporations acting for professional purposes or (ii) individuals not acting for professional purposes or (iii) non-profit making organizations and foundations of the civil society that are recognized for providing essential public services, wishing to strengthen their means of collection to fund or carry out one or more specific projects (regarded herein as the ‘’Project Developers") through donations with or without compensation and secondly, the individuals or corporations contributing to the financing of their projects in the form of donations with or without compensation.
2. DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
For the purposes hereof, expressions with a capital letter will have the meaning given to them below, unless otherwise stated as required by the context:
Premature stopping of the fundraising: refers to any permanent suspension of a fundraising at the request of the Project Developer before the end of the campaign that is not taxed by a legal or regulatory standard.
Fundraising campaign : refers to the process of raising Donations that is necessary in the funding of a project initiated by the Project Developer, via the EKOSEA platform.
Commission: refers to the remuneration payable to EKOSEA by the Project Developer in compensation for the Donation Service, which is calculated on the amounts collected by the Project Developer in case of infringement by the campaign of the threshold of his success.
Payment Account (Wallet): refers to the account created and managed at the request of EKOSEA by the Service Provider of the Payment, on behalf of each of (i) the Donors, (ii) the Project Developers and (iii) EKOSEA and that is linked to the IBAN or the credit card number of the latter.
The Payment Account allows:
• the Donors, to pay the amount of their Donations,
• the Project Developer, to receive money from Donors and pay EKOSEA the amount of its Commission,
• EKOSEA, to collect the amount of the Commission.
Terms and Conditions or TOS: refers to the terms and conditions of using the EKOSEA platform which are applicable to both the Donors and the Project Developers that can be consulted on the EKOSEA platform by any Internet user which must adhered to by the latter before becoming a Donor or Project Developer.
Content: refers to, but not limited in an exhaustive way to, the comments, messages, questions, photos, videos, articles, messages or information published on the Forum by a Donor or a Project Developer. of the threshold of his success. The proposed compensations as part of a Project are defined by the Project Developer.
Compensation: means that if necessary, the non pecuniary compensation awarded by the Project Developer to the Donor in case of infringement by the collection of the threshold of his success. The proposed compensations as part of a Project are defined by the Project Developer.
Donation: refers to the total sum collected from the Donor by the Project Developer via the EKOSEA platform as part of the Collection and which is awarded with regards to the actualization of the project.
Donor: refers to a duly registered Internet user on the EKOSEA platform who has supplied EKOSEA with the information that permits him to have access to an Individualized Space and who has accepted the terms and conditions of the EKOSEA platform and that of MANGOPAY; the technical solution provider and that of the Service Provider of the Payment.
Personal Data: refers to the personal information that the Donor provided during the creation of his Individualized Space, for the use of the Donation Services, as well as personal information gathered automatically through the use of the Donation Services or by visiting the EKOSEA platform.
Individualized Space: refers to the account (including the username and password of the Donor or Project Developer) and a personal space that are reserved for each Donor or Project Developer after his registration on the EKOSEA platform, which majorly includes updated information about the Donor or the Project Developer.
Public Space: refers to all the pages available on the EKOSEA platform Website that is freely available to Internet users, Donors and the Project Developers, particularly including the Overview Pages of the Project Developers.
Circumstances Beyond Control: refers to all fires, floods, natural disasters or any other catastrophe, all statements or spread of hostilities, war, riots or civil unrests , acts or oversights of the government or of higher authorities, outages, obstructions, failures or changes of installations or telecommunications networks , or any other similar cause or not mentioned causes above beyond the reasonable control of a party to a contract and causing any failure or delay in the performance of his obligations in respect of a contract or circumstances beyond control as defined by the jurisprudence of the Court of cassation or French courts.
Forum: refers to the interactive forum of the EKOSEA platform that is dedicated to the exchange of information between the Donors and the Project Developers.
Internet User: refers to any person who visits the Public Space of the EKOSEA platform.
MANGOPAY: refers to the programming interface i.e. the "Application Programming Interface" (API ) made available to EKOSEA by the Service Provider of the Payment for the implementation of a payment feature by issuance of e- money on the EKOSEA platform, whose terms and conditions are available on the web address : https://www.mangopay.com/terms/Mangopay_Terms-FR.pdf.
E- Money: refers to the corresponding monetary value issued on the receipt of funds by the Donor and which is stored in an electronic form in the Payment Account (Wallet) opened by the Service Provider of the Payment on behalf of the Donor. The e-Money is not a bank deposit and therefore does not generate interest.
Objective of the Collection: refers to the total amount of the Donations sought by the Project Developer within the framework of the collection.
Party: refers to EKOSEA and/or any Donor.
Overview Page: refers to the space dedicated to each Project Developer in which the said Project Developer and all the information about the Project for collection of donations are presented.
Collection period: refers to the subscription period, during which the Donor can make a donation.
EKOSEA Platform: refers to the website: ekosea.com or any other internet platform made available by EKOSEA on one hand for Donors to make their donations and on the other hand for Project Developers to present their Projects and collect donations for funding them.
Project Developer: refers to the individual or corporation wishing to collect Donations from Donors, via the EKOSEA platform, to finance a project.
Service Provider of the Payment: refers to the issuer of the e-money in charge of the transactions of the payment of Donations, known as Leetchi Corp. S.A, accredited in Luxembourg by the Commission de Surveillance du Secteur Financier with the reference n ° 3812, the technical solution provider of: MANGOPAY.
Project: refers to the predefined operation in terms of purpose, amount and timing, with regards to ocean, sailing, environmental issues, ecology, water sports and, more generally, the marine world.
Donation Services: refers to the activity of the EKOSEA platform of selecting Projects according to the selection policy of the EKOSEA platform, by posting online on the EKOSEA platform, the Overview Page of the Project Developer of such project and the actualization of the collection on the EKOSEA platform.
Success Threshold: refers to the minimum amount for the collection to reach, affecting the permanent actualization of a collection and, if necessary, the acquisition of the compensation.
Website: refers to the EKOSEA website accessible at ekosea.com .
Subscription: refers to the commitment made by a Donor to pay the Donation.
2.2. INTERPRETATION
Unless otherwise expressly stated or if the context requires a different meaning:
I. the references herein to the preamble and articles are, unless otherwise specified, agree to the references in the preamble and articles of the TOS;
II.the words with the plural shall include the singular and vice versa;
III.the reference to a person prevails over the implicit reference to assignees of his business and to his successors, heirs or potential beneficiaries;
IV. the reference to a statutory provision includes, where applicable , any amendment or any new enactment of this provision as well as any legal, regulatory or instrument relating to the provision or its new promulgation order;
V. the reference to a document aims that the document may be amended, replaced through novation or completed.
3. PURPOSE
The purpose of the TOS is to define:
• the conditions under which the Donor can browse on the EKOSEA platform;
• the conditions under which the Donor can make donations and have access to the Donation Services.
The Donor has read and accepted expressly and unconditionally to the TOS effective from the day of access to the EKOSEA platform.
4. ACCESS TO THE EKOSEA PLATFORM
EKOSEA has created the EKOSEA platform which provides an interface between the Donor and the Project Developers wishing to proceed to a collection of Donations.
4.1 ACCESS TO THE PUBLIC SPACE
The following information will be searchable or downloadable in the Public Space of the EKOSEA platform:
• The Terms and Conditions of the EKOSEA platform;
• The Terms and Conditions of using MANGOPAY;
• An Overview Page of the Project Developer and his project.
The Project Developer is responsible for the editing of the information published.
4.2. ACCESS TO THE DONATION SERVICES
4.2.1. Registration of the Donor
Any Donor must be an individual of at least 18 years old or a corporation that is duly and legally registered or checked on the date of his registration on the EKOSEA platform, enjoying the full legal capacity under the law that is applicable to the latter.
To become a Donor, the Internet user must register on the EKOSEA platform and follow each of the following steps:
1 Fill all the mandatory fields in the form available on the EKOSEA platform, including:
• For an individual: their names, surname, address, date and place of birth, e-mail address, nationality,
• For a corporation: its corporate form, its name, its headquarters, its registration number or registration from a ministry of commerce or any other competent authority , the name and surname, date of birth, nationality and country of residence of the legal representative, a contact email address.
2. Accept the Terms and Conditions, after having had the opportunity of becoming acquainted with it by viewing during registration and/or by visiting the Public space of the EKOSEA platform; created for this purpose
3. Accept the Terms and Conditions of using MANGOPAY on - https://www.mangopay.com/terms/Mangopay_Terms-FR.p... - after having had the opportunity of becoming acquainted with it by viewing during registration and/or by visiting the Public space of the EKOSEA platform; created for this purpose
4. Submit, via the EKOSEA platform, the copies of documents to confirm one’s identity and to carry out the necessary formalities with regards to the fight against money-laundering and the financing of terrorism (national identity card or passport, proof of residence, etc.)
If the Internet user does not submit the required information or does not accept the terms and conditions, he will not be allowed to have the status of being a Donor.
The registration on the EKOSEA platform can be cancelled at any time, automatically and without delay by EKOSEA if it contravenes the law applicable to the country of residence of the Donor.
By registering on the EKOSEA platform, the Internet user accepts his registration to the services of the Service Provider of the Payment.
4.2.2 Anti-money laundering Diligence
Once the Internet user has provided all the required information during registration (see section 4.2.1 "Registration of the Donor"), EKOSEA is with the responsibility of making the usual checks on the identification of the Internet user, especially in compliance with the obligations of the fight against money laundering and the financing of terrorism.
At the request of EKOSEA, the Internet user will be required to submit all information and supporting documents to it.
The Donor is notified that the opening of a payment account can be refused by the Service Provider of the Payment and that when appropriate, one’s payment account can be closed, especially if the Donor is considered to be a politically exposed person, is a person whose assets has been frozen and deemed high risk personality, a person positive to anti-money laundering check, a proven fraudster who make use of minor without parental consent.
The Donor agrees that the documents used for his identification are kept for a period of 5 years.
When the steps above have been completed, EKOSEA shall notify the Internet user of the confirmation or refusal of having the status of a Donor. Such notification shall be made available as fast as possible, within one business day (excluding Saturday, Sunday and holidays) from the date in which all the information listed above was sent to the EKOSEA platform.
EKOSEA cannot verify the accuracy of the information provided by the Donor on his profile and will accordingly be entitled to presume these informations as accurate.
4.2.3 Logging-in to the Individualized Space of the Donor
After full completion of the steps set out in 4.2.1 and 4.2.2 the Donor will log-in with his e-mail address as username ('login') with which will be attached his or her password; These two items will be strictly personal and confidential and should not be disclosed or shared with third parties. They will allow the logging in to the Individualized Space dedicated to each Donor.
The Donor must take all necessary measures to prevent unauthorized or fraudulent use of his Individualized Space. With that in mind, the Donor must regularly change his password. The password can be changed by the Donor from the Individualized Space using his own correct login and password.
The Donor must logout from his Individualized Space and close the window of his browser at the end of each browsing session on the EKOSEA platform in order to prevent other users from accessing your personal information or use one’s Individualized Space.
The Donor retains the sole right for the use of his identification information (login and password) by third parties or for actions or statements made through his Individualized Space as a Donor, whether fraudulent or not. The Donor guarantees EKOSEA against any claim in this regard.
Any logging in to the Individualized Space or transmission of data from those known to the Donor is deemed to have been made by the Donor, unless otherwise proven.
4.2.4 Completion of Subscription to a Collection of Donation
4.2.4.1 Subscription Request
The opportunity of fulfilling a subscription to a collection of Donations is reserved for the Donors.
The subscription request is made by simply clicking on a dedicated icon ‘I Support’ appearing on the Overview Pages.
When an Internet user clicks on the "I support" icon he is automatically directed to the registration page and is requested to fill in his registration as a Donor in accordance the conditions laid down in article 4.2.1 of the "Registration of the Donor".
4.2.4.2 Passing from the order of subscription and acceptance of the TOS
After registration or identification of the Donor, click on the "I support" icon, it will open a window in which you will enter the subscription order.
After you have entered and validated your Subscription order, the Donor can choose between two options:
1. the opportunity of canceling or changing the Subscription order; in this case. The Donor automatically returns to the previous screen before the passage to the Subscription order;
2. the opportunity to confirm the Subscription order by entering one’s personal password and by clicking on the "Confirm" icon , after you must have consequently accepted the latest version of the T&C’s.
Subject to passing a Subscription order and clicking the 'Confirm' icon, the Donor will be able to proceed to the next step of the subscription procedure.
4.2.4.3 Payment of the Donation
Upon confirmation of one’s Subscription, the Donor is automatically directed to the payment interface of the Service Provider of the Payment.
The payment of the Subscription is made via the Service Provider of the Payment, by an order of a conditional payment (under a suspensive condition of the success of the collection) and it is revocable.
Once the Service Provider of the Payment has confirmed to the EKOSEA platform the successful completion of the payment order, the latter will send an email containing the essential information thereof to the Donor and confirm his subscription (date, time, amount in Euros of the subscription, Project Developer, Project, etc.).
The pseudonym and the profile picture of the Donor, as well as the amount of his donation are published on the platform. However, the Donor may choose during his subscription and at any time for the anonymity of his donation.
The amount of the donation is kept in the payment account of the Donor, opened and managed by the Service Provider of the Payment, in accordance with the terms and conditions of the Service Provider of the Payment, until the transfer to the Payment Account of the Project Developer, in case of the success of the collection.
Until reaching the success or failure threshold, until the end of the collection, the Donor can cancel his donation free of charge , by sending a request via mail to this address: [email protected] or via the application form for a refund appearing on his Private Space , and by providing the appropriate supporting documents which will be requested from him. The Service Provider of the Payment will then, proceed to refund the amount of the donation free of charge and within 72-hours.
4. End of the collection
According to an automated procedure, the EKOSEA platform will close the collection and block any possibility of a new subscription to the Donors until the arrival period of the collection.
On that date, EKOSEA will inform the Service Provider of the payment of the outcome of the collection in the light of the subscription orders.
1. If the Success Threshold is reached:
The donation will be definitely granted for the benefit of the Project Developer and the Donor will no longer be able to ask for a refund.
The Donor will receive a confirmation of the success of the collection and thus of the actualization of the Donation in the terms of his subscription.
The Service Provider of the Payment will then proceed to transfer the amount of the Donation (the net of remuneration payable to EKOSEA) to the project developer.
The compensation is therefore granted as appropriate to each Donor who paid through the EKOSEA platform, a Donation which is at least equal to the value of the amount of the chosen compensation.
The Project Developer therefore undertakes to award the Compensation under the terms described on the Overview Page.
He must therefore ensure that he will be able to, in the event of the success of the collection, be able to provide the Compensation.
It is stated that the management of the delivery of the compensation is the full responsibility of the Project Developer and as such, EKOSEA cannot be held responsible in the event of the failure of the Project Developer.
On failing to deliver the compensation, the Project Developer expressly undertake to fully reimburse the Donor of the amount of his Donation.
2. In case of failure of the collection, especially if the success threshold is not reached, and except an extension of the duration of the collection is requested for the Project Developer and accepted by EKOSEA, or better still in case of a Premature Stop of the Collection or Cancellation due to circumstances beyond control, EKOSEA shall notify the Donor of this failure.
The Service Provider of the Payment will assess the staleness of the conditional subscriptions and will therefore proceed to refund the amounts paid by each donor, free of charge for the latter, and under a 72-hour period. EKOSEA shall also notify this failure to the Project Developer.
4.2.4.5 Continuation of the collection - Issuance of tax receipts
It is to be noted that the Donations made by Donors in the aid of the Project Developers can, where appropriate, give right to obtaining a tax benefit.
It is left to each Donor to check if he is eligible for any tax reduction on all or part of the Donations made via the website, in accordance with the provisions of the law.
EKOSEA does not in any way take the place of the Donors in this regard.
The Project Developer is responsible for establishing and transferring directly to the Donors the tax receipts attesting to the actualization of the Donation via the website. To this end, the EKOSEA platform shall be required to only transfer all the information collected on its website regarding the identity, the contact details and the amount of Donations granted by the Donors to the Project Developer.
All complaints relating to the production of the said tax receipts and the information contained therein must be addressed directly by the Donor to the Project Developer.
EKOSEA accepts no liability vis-à-vis the Donor in respect of the possible violations by the Service Provider of the Payment, MANGOPAY or the Project Developers of their contractual or statutory obligations.
4.2.5 The use of the Individualized Space of the donor
Each Donor, either an individual or a corporate body has a Private Space on which or from where he can:
• edit his personal information,
• view the history of his Donations,
• opt for the anonymity of his Donations,
• publish content on the Forum.
4.2.6 Remuneration of EKOSEA - expenses - services for the benefit of Project Developers
The use of the Donation Services is free for Donors.
The Donation Services will give rise to the payment of a Commission for the benefit of EKOSEA and from the Project Developer of 8% VAT of the total amount of Donations collected by Service Provider of the Payment, in case of the success of the collection, i.e. in case of a minimum attainment of the Success of the Threshold before the end of the collection period or at the end of the collection period.
Besides, the Donor is informed and agrees that EKOSEA may be paid by each Project Developer in respect of the ancillary services provided by EKOSEA for his own benefit.
5. OBLIGATIONS OF THE DONOR
In general, the Donor is obliged to:
I. Respect the conditions necessary before accessing the EKOSEA platform and the TOS,
II. Fill in accurate and truthful information with regards to his marital status and his profile,
III. Fill all the form and sign any agreement, presented as binding on the EKOSEA platform except to the carry out the immediate closure of his Individualized Space,
IV. Act in a loyal manner towards EKOSEA, other Donors and Project Developers,
V. Utilize the Donation Services for their intended purpose,
VI. Does not enter into any undertaking for a third party,
VII. Does not disrupt or try to disrupt the operation of the EKOSEA platform.
In case of violation of these above rules or those set forth below, EKOSEA reserves the right to suspend the Donor’s access to the EKOSEA platform or to the Individualized Space or to the Donation Services and/or terminate herein with respect to the Donor with immediate effect.
The Donor will particularly respect the following provisions.
5.1 INTELLECTUAL PROPERTY
The brands (especially that of EKOSEA) as well as the derived logos are the intellectual property of EKOSEA.
All the intellectual property rights on all computer programs, as well as all updates, new versions and copies of such programs available to the Donor, via the EKOSEA platform are and will remain the property of EKOSEA or its associates, assignees, successors or beneficiary and any title therein is not hereby transferable to the Donor.
Only EKOSEA holds the license for the use of the EKOSEA platform.
The Donor acknowledges that all the information contained on the EKOSEA platform, is the exclusive property of EKOSEA and of its service providers, which ensures the update and maintenance of the website.
The right of reproduction under the terms of the Intellectual Property Code refers only to the representation of screen stand-alone and is strictly reserved for private use.
Any reproduction, distribution or publication of the contents without prior written permission from EKOSEA is prohibited.
The Donor acknowledges that failure to comply with this prohibition constitutes an act of reprehensible infringement both civilly and legally.
The Donor acknowledges that non-compliance with this prohibition constitutes an act of infringement punishable as civil and criminal law.
The mechanism links is allowed when the pages related to the EKOSEA platform pages appear in a whole and secluded window under their respective addresses.
5.2 NON-DIVERSION
The Donor is prohibited from using the EKOSEA platform for commercial purposes and, in general, offer products and services to other Donors, Internet users, Project Developers or Service Provider of the Payment; It is prohibited to ‘’resell’’ or make available to a third party and/or other Internet users, for remuneration and/ or free, the access to the EKOSEA platform, access to restricted pages and to Donation Services; It is prohibited to publish any advertisement , promotion or sponsorship, without the prior consent of EKOSEA.
Pursuant to article L.342 - 1 of the Intellectual Property Code , EKOSEA prohibits Donors, except with written permission of EKOSEA, the extraction of data or items of a database of the EKOSEA platform, and particularly:
• The extraction, by permanent or temporary transfer of the whole or a part of the substantial quality or quantity of the contents of an EKOSEA database to another medium, by any means and in any form whatsoever;
• The reuse, by making available to the public of the whole or a part of the substantial quantity or quality of the basic contents, regardless of the form.
5.3 USING THE FORUM AND THE ONLINE CONTENT
5.3.1 Using the Forum
The creation of an Individualized Space gives the Donor free access to the Forum of the EKOSEA platform, this interactive space is dedicated to the exchange of information between the Donors and the Project Developers.
When the Donor uses the opportunity of one or more content online on the Forum, EKOSEA has no control over such content and is not liable for any damage arising from that content.
The Donor agrees not to publish contents contrary to the objective of the EKOSEA platform and/or according to the provisions of the TOS, and/or unlawful/ nature, especially:
malicious, inappropriate, disrespectful, defamatory, xenophobic, racist, hateful, threatening, abusive or insulting;
inciting violence, xenophobia, racism or hatred;
counterfeiting, secret or confidential, misleading or erroneous (including personal information);
illegal or undermining public order or morality;
indecent, obscene, pornographic.
The Donor is also prohibited from publishing a content including:
-infringement of privacy or the image of third parties;
- Elements protected by copyright;
- Trade secrets or business secrets;
- Advertisements, marketing request or strings of emails.
This prohibition applies to any type of communications made via the EKOSEA platform by the Donor, without any limitation whatsoever, either to the public or private and regardless of the person to whom it is addressed, including the employees of EKOSEA.
5.3.2 Moderation policy
EKOSEA hosts a Forum that allows Donors to exchange information and communicate online with all the Project Developers and allows networking with them.
The Forum is a place of free discussion which EKOSEA has no control over and which only the Project Developers and Donors can publish. Therefore, EKOSEA cannot be considered as having the quality of editing the content of the Forum. EKOSEA exclusively has the hosting capacity which consists of making available to the Donors and Project Developers the technical means of enabling the direct and permanent storage of information to be communicated to the public.
EKOSEA only react a posteriori once it is reported to it of a supposedly illicit or insensitive nature of content under the conditions provided by law and shall promptly implement the necessary measures in order to make the content no longer accessible.
These measures can range from the removal of the content to the denial of temporary or permanent access to the Forum for the author or publisher of the content.
Similarly, EKOSEA does not carry out general monitoring of the content beyond the competition of the repression of the provocation to the commission of acts of terrorism and their justification, of the justification for their crimes against humanity, of the incitement of racial hatred or hatred because of their gender, their sexual orientation or identity, or of their disability, or child pornography, of incitement to violence, including incitement to violence against women, as well as violation on human dignity in accordance to the the legal provisions.
EKOSEA reserves the right to remove without notice any content which would especially show non-compliance to the TOS or which would be likely to violate the rights or infringement of a third party, of a Project Developer or of a Donor.
Notices published on the Forum by the Donors and the Project Developer only represents the opinion of the person making the publication and does not constitute any position taken by the EKOSEA platform.
5.3.3 Reporting an abuse
All reports of a content that is excessively presented as illicit in order to obtain from it the withdrawal would expose its author to civil and/or criminal penalties.
5.3.4 Responsibility
In a case where the responsibility of EKOSEA would be judicially sought at because of a breach by a Donor to the fulfillment of his obligations as contained in the TOS of using the Forum, EKOSEA may invoke the latter in a warranty.
Any violation of the provisions of article 5.3, especially the publication of content contrary to the rules guiding the use of the Forum (section 5.3.1 "Use of the Forum’’) exposes the Donor contravening judicial and criminal prosecutions where appropriate
6. ACCESSIBILITY OF THE EKOSEA PLATFORM AND HYPERTEXT LINKS
6.1 ACCESSIBILITY
The EKOSEA platform is accessible, as much as possible, for 24 hours a day and seven days a week.
Even though EKOSEA has made all necessary arrangements to ensure the reliability of the information, software and Donation Services as contained on the EKOSEA platform, it cannot be held responsible for errors, omissions, viruses or for the results that may be obtained or be the consequence of an improper use thereof.
EKOSEA reserves the right to interrupt access to the EKOSEA platform at any time, particularly for reasons such as the maintenance or updates of the website.
EKOSEA provides the Donor with a contact email on the EKOSEA platform. If the latter has questions concerning how the platform works or on a Donation Service, EKOSEA will endeavor as much as possible to respond within a reasonable period that is proportionate to the gravity and urgency of the problem as well as to the technicality of the nature of the issue which could vary from (some few days to some weeks).
The Donor declares and guarantees that he understands perfectly the nature and constraints of the Internet.
Equipment such as (computers, software, electronic media for communication, etc.) that allows access to the Donation Service is the exclusive responsibility of the Donor, as well as the cost of the electronic communication incurred from their use. The use of any downloaded software on the EKOSEA platform is governed by the terms of the license accompanying it.
6.2 HYPERTEXT LINKS
The EKOSEA platform contains hyperlinks to internet sites managed by third parties. EKOSEA cannot exercise any control over these sites nor assume any responsibility for their content. As a result, EKOSEA provides no warranty regarding the content and operation of these websites.
7 LIABILITIES
7.1 NATURE OF THE LIABILITY
EKOSEA assumes only an obligation of means in the context of the Donation Services. Its liability could be incurred only under the conditions of common law because of the direct and foreseeable damages sustained by the donor in accordance with the provisions of articles 1150 and following of the French civil Code.
EKOSEA cannot be held liable for any loss of data, loss of profits, loss of an opportunity as well as that of an incorrect result attributable to a fault or negligence of the Donor.
EKOSEA shall not held be liable for any dysfunction, error, inaccuracy or any improper results attributable to a fault or negligence of the Donor.
7.2 GENERAL LIMITATION OF A LIABILITY
Except for serious or willful misconduct on the part of EKOSEA, the liability of EKOSEA for compensable damages that would be duly established by the Donor will not exceed an amount equal to the total amount paid by the Donor as part of a collection.
EKOSEA will not be held liable to the Donor of a possible deterioration, suspension or interruption of the access to the EKOSEA platform or Donation Services due to circumstances beyond control.
7.3 SPECIFIC EXCLUSIONS OF LIABILITY
7.3.1 Lack of reliability or functioning of communication networks
The Donor acknowledges that EKOSEA has no control over the transfer of data via public communication networks such as the internet, and the functioning of these networks.
The Donor acknowledges and agrees that EKOSEA cannot guarantee the confidentiality of data when they are being transferred over public networks. As a result, EKOSEA cannot be held liable in case of hijacking, catching, and corruption of data or any other event that may likely affect them occurring during transfer over the public communication networks. EKOSEA does not guarantee the compatibility of the EKOSEA platform with all the browsers.
7.3.2 Lack of reliability or functioning of the network operators or Internet service providers
EKOSEA cannot be held liable for damages resulting from the difficulty in accessing the EKOSEA platform due to a disruption from network operators or internet service providers, or network congestion.
7.3.3 System malfunction or operation error handling of the Donor
EKOSEA cannot be held responsible for damages resulting from a failure in the facilities and IT (computer) equipment of the Donor and/or improper use or handling of the Donor, of a fault or negligence of the Donor, or even of using the EKOSEA platform contrary to the TOS.
7.3.4 Security and personal data
EKOSEA is committed to doing its utmost best to ensure that access to facilities and computer equipments belonging to EKOSEA will be protected in a way to minimize the risk of access of a third party to unauthorized confidential data of the Donor. However, EKOSEA cannot be held responsible for incidents or technical problems that may occur and result in a damage of personal data.
The Donor remains solely responsible for the use of his identification elements by third parties or for actions or statements made through his Individualized Space as a Donor whether they are fraudulent or not. The Donor guarantees EKOSEA against any claim in this regard.
7.3.5 Screening Procedure
The screening procedure of projects only guarantees the Donor the legal existence of the Project Developers and where necessary, their registration. The other criteria used by EKOSEA for screening, if they can be based on some legal or financial aspects, are not based on any codified or regulated methodology as part of its activity. In particular, even when it resorts to the services of a professional expert, EKOSEA cannot assume the liability of an auditor, an accountant or of a regulated legal profession.
The Donor decides solely, whether to give or not within the framework of the Collections presented on the EKOSEA platform. He is responsible for analyzing the quality of the projects, the chances of success of the Collection and the amount of the Donation to be made in this regard.
7.3.6 Presentation of the project
The information contained on the Overview Page that is made available to EKOSEA by the Project Developer are shared on the EKOSEA platform on the initiative of the Project Developer who remains solely responsible for the accuracy, non-misleading and completeness of the information contained therein.
7.3.7 Breaches committed by third parties
EKOSEA cannot be held responsible for damages resulting from the conduct of third parties, particularly, contractual or delictual breaches committed by the Project Developers (whether in the use of money collected, in the delivery of the Compensations, in the issuance of tax receipts or in accordance with the rules applicable to their relationship with the Donor within the framework of the collection or subsequently) or by the Service Provider of the Payment.
8. PERSONAL DATA - CONFIDENTIALITY OF THE DATA COLLECTED
8.1. PROTECTION OF PERSONAL DATA - DECLARATION TO THE CNIL - RIGHT OF ACCESS AND RECTIFICATION
The collection and processing of personal data of the Donor must respect the fundamental HUMAN rights and in particular their right to privacy. As such, EKOSEA is committed to ensuring that any processing of personal data on the EKOSEA platform is conducted in accordance with the law N ° 78-17 of 6 January 1978 relating to data processing, files and freedoms.
The management of the personal data by the EKOSEA platform has been subjected to a declaration at the CNL under the number 19 09 452.
In accordance to the law N ° 78-17 of 6 January 1978 relating to data processing, files and freedoms, the Donor may at any time access personal information about themselves or may request that they should be corrected, completed, updated, or deleted by sending a simple letter or e-mail to the address for correspondence (e-mail: [email protected] - address: 1, rue Henry Honoré D'estienne D'orves - 56100 LORIENT) specifying his name, first name, date and place of birth, postal and electronic address.
The Donor himself must update the personal information contained on his Individualized Space. For the deletion of his Individualized Space, the Donor may make this request via his Individualized Space.
It is to be remembered that the Project Developer collects and processes also himself the personal data of the Donor for the purpose of managing the Donation. EKOSEA is not responsible for the consequences of the handling of the personal data by the Project Developer. EKOSEA request from the Donor to directly contact the Project Developer, as he would like to access, correct, complete, update or delete the personal data collected and processed by the latter.
8.2 - COLLECTION OF PERSONAL DATA
The Personal data collected and processed by EKOSEA are those that every internet user or Donor releases voluntarily, especially via the creation form of the Individualized Space.
The personal data provided by a Donor may include the following:
• surname, first name, postal address, date and place of birth, nationality, place of residence for tax purposes;
• valid e-mail address;
• valid mobile phone number, or alternatively, landline number;
• password;
• profession;
• IBAN statement (forwarded to the Service Provider of the Payment);
• copy of a proof of identity and residence;
• browsing history of the Donor on the EKOSEA platform;
• IP address;
• all other documents necessary for the subscription.
For the purposes of the functioning of the EKOSEA platform, personal data are collected automatically by EKOSEA. These personal data will be used for the purpose of:
• Identifying an Internet user or a Donor and/or check if the latter complies with the TOS of the EKOSEA platform;
• Protecting the EKOSEA platform and/or the Donor;
• Ensuring the proper processing of the Subscription of the Donation;
• Conducting the Donation Services;
• Allowing Project Developers to record tax receipts and deliver Compensation;
• Responding to the request of an administrative or judicial authority;
• Enhancing and personalizing communication with a Donor particularly by sending targeted informative or commercial newsletter or for special offers subject to his prior acceptance, as being specified that if a Donor had just changed his mind and would no longer wish to receive newsletters or special offers, he would be able to have the opportunity to inform EKOSEA who would proceed to disable this function.
The EKOSEA platform uses cookies as part of a way of implementing the Donation Services. The type of cookies and their features are described on the "legal notices" page [hyperlink to the legal notices].
Only the personal data necessary for the execution of services provided by the Service Provider of the Payment within the framework of the actualization of a Collection are provided by EKOSEA to the Service Provider of the Payment and is handled directly by the latter.
Websites that have hypertext links on the EKOSEA platform can collect personal information about the Donor/ Internet user. The practices of these websites with regards to information are not covered by the T&Cs.
9 VALIDITY, AMENDMENTS AND TERMINATION
The T&Cs take effect from their date of publication on the EKOSEA platform and remains effective until their partial or total modification by EKOSEA. EKOSEA may modify the TOS of the EKOSEA platform at anytime.
The Donor must therefore refer to the latest version of the TOS which will be accessible on the EKOSEA platform from the date of consultation of the EKOSEA platform. EKOSEA also reserves the right to change or modify at any time the pages of the EKOSEA platform, their Donation Services or the amount or terms of access.
These changes shall be effective upon its release on the EKOSEA platform.
All the access to the Individualized Space or the use of the Donation Services after the modification of the TOS requires an unconditional and simple acceptance by the Donor of the new TOS. The TOS apply to the Donor until the close of his Individualized Space.
For access to some sections of the EKOSEA platform, the TOS may be supplemented with additional conditions.
The T&Cs constitute a contract of indefinite duration and may be terminated ipso jure:
(a) by the Donor at any time and without notice;
(b) by EKOSEA at any time on thirty (30) days notice except in the case referred to in(c) below;
(c) by EKOSEA, without notice, in the event of non-compliance by the Donor to the TOS.
Notwithstanding the termination, for subscriptions made by the Donor before the date for which the termination takes effect, the rights and obligations of the Parties under the TOS will continue until the end of the current collection.
The Donor will no longer have access to his Individualized Space except for tracking the Subscriptions made prior to the effective date of termination.
10 NOTIFICATIONS
10.1 NOTIFICATION OPTIONS/MODES
All notifications, requests, or communication made in pursuance of the TOS must be made by a written document delivered by all means possible to the Party concerned.
10.2 RECIPIENTS
All notifications, requests or communication that must be made and any document to be issued by one party to another in pursuance hereof shall be made according to the instructions listed below:
a. Concerning EKOSEA:
To this e-Mail address: [email protected] or to the postal address: 1, rue Henry Honoré D'estienne D'orves - 56100 LORIENT
(b) Concerning the Donor: to the address, phone number, email address, name indicated by the Donor on his Individualized Space.
10.3 NOTIFICATIONS ARE DEEMED TO HAVE BEEN CARRIED OUT:
(a) By registered letter with the acknowledgement of the receipt: to the first date of the presentation of the letter registered by the postal service, the date mentioned on the receipt evidencing the date;
(b) By hand-delivery: the date mentioned on the receipt signed by the addressee or any of his employees or mailman;
(c) By electronic means: on the date of receipt by the EKOSEA servers.
11. MISCELLANEOUS STIPULATIONS
11.1 SEVERABILITY
In a case where one or more of the provisions contained in the TOS are declared null and void, the validity of the other stipulations hereof is in no way affected.
The stipulations declared null and void will be in accordance with the spirit and purpose hereof, replaced by other valid provisions, which, given their scope are similar in the fullest extent permitted by law, of the stipulations declared null and void.
11.2 ENTIRETY
Unless otherwise stated, the TOS contains in a comprehensive and exclusive manner, the totality of the terms applicable to the subject matter hereof and cancels and replaces, all negotiations, communications, statements and previous commitments, whether or written, between the Parties regarding the subject matter hereof. The TOS shall prevail on all media.
11.3 INDEPENDENCE
The Donor uses the EKOSEA platform and the Donation Services offered therein completely independently and under his own responsibility.
11.4 ASSIGNMENT
EKOSEA reserves the right to transfer to any third party of its choice all or parts of its rights and obligations under TOS hereof, these terms, which the Donor accepts without reservation.
The Donor may not be able to assign or transfer to a third party in any manner whatsoever, all or parts of its rights or obligations under the TOS hereof , unless EKOSEA has expressly agreed in writing.
12. EVIDENCE
12.1 GENERAL PROVISIONS
In accordance with articles 1316 and following the Civil Code, the Donor acknowledges and agrees that:
• The information provided by EKOSEA via e-mail and on the EKOSEA platform is a proof between the Parties concerned until otherwise proven and receive the same probative value as a written manuscript;
• All the data included in the computer database of EKOSEA relating in particular to Subscription of orders and confirmations received from the Donor, to sent notifications, to the access withdrawals, refunds shall prevail between the Parties until otherwise proven.
12.2 CONVENTION ON/THE EVIDENCE CONVENTION
12.2.1 Recording the activity of the Donor
The Donor is informed and expressly accepts the recording of all the actions that he may carry out within the framework of the use of the EKOSEA platform and Donation Services, including:
• Communication of any information in the form of string of characters via the available forms on the EKOSEA platform (registration, Subscription Order, etc.),
• 'clicks' made on the hypertexts links or the elements of the graphical interface of the EKOSEA platform using any device (keyboard, mouse, monitor, etc.) and any other electronic device (computer, touch electronics, etc).
12.2.2 Registration of documents
The Donor is informed and accepts expressly the recording of documents, acts or conventions on a durable medium which are accessible to him through the use of the EKOSEA platform and Donation Services, which he would have acquainted or accepted the conditions via a click.
Any instrument that conforms with the provisions of 3 ° of article l. 121-16 of the Consumer code is a durable medium , namely, paper documents ,USB sticks, CD-ROMs, DVDs, memory cards, computer hard drive, e-mail, secured computer servers of the EKOSEA platform or any other medium for storing information , in a way that allows easy reference for future purpose for a period of time for the purpose for which the information is intended (conservation of the proof of the commitments of the Parties and Projects) and which allows their identical reproduction.
12.2.3 Objective of the records and evidence
The Donor agrees that the records referred to above, 12.2.1 and 12.2.2 are the electronic means of evidence administered by the EKOSEA platform that are only valid between the Parties , or between the Donor and the Project Developer, until otherwise proven.
Thus, any document, act, TOS, accepted via a click through the EKOSEA platform as part of the Donation Service, is a proof of the identity of the signer and consent to the obligations of this document, act, TOS as contained herein, until otherwise proven.
13. APPLICABLE LAW – COMPETENT JURISDICTION
The T&Cs are subject to their validity, interpretation and implementation by French law.
14 LEGAL NOTICES
a. Editor of the EKOSEA platform: this site is edited by EKOSEA
b. Publishing Director: Maël PRUD'HOMME
C.Host of the EKOSEA platform: this platform ekosea.com is hosted by OVH SAS with a share capital of €10 059 500 - RCS Lille Métropole 424 761 419 -Headquarters: 2 rue Kellermann - 59100 Roubaix - France.
d. Contact for any complaints regarding this site and/or its contents: [email protected] / 1, rue Henry Honoré D'estienne D'orves - 56100 LORIENT
[EB1]Ça ne se dit pas en anglais : fundraising campaign