The company D.H. COMPANY is a simplified joint-stock company, with its registered office located at 43 Rue de Turenne 75003 Paris, registered with the Paris Trade and Companies Register under number 889.362.398 (hereinafter referred to as the "Company").
These general terms and conditions of use (hereinafter referred to as the "Terms of Use") outline the legal framework for the use of the "Fullwhere" platform, designed, developed, and operated by the Company (hereinafter referred to as the "Platform"). These Terms of Use also define the legal framework for the relationships established between the Company on one hand and any user of the Platform on the other hand (hereinafter referred to as the "Users"). The Company and the Users are hereinafter jointly referred to as the "Parties" and individually as a "Party".
It is possible to contact the Company at the address provided at the head of this document or via the contact form on the website https://www.fullwhere.com/.By using the Platform and its services, the User declares and acknowledges having read and accepted these Terms of Use without reservation.
ARTICLE 1: DEFINITIONS
In these Terms of Use, capitalized words or expressions have the following meanings:
▪ Client: refers to any client of the Company who has subscribed to a service plan to benefit from the access and use of the Platform by its personnel;
▪ Account: refers to the space accessible on the Platform, allowing Users to access all the features offered on the Platform by the Company;
▪ Content: refers to any text, graphic, image, music, video, or other element that may be uploaded by a User;
▪ Personal Data: refers to personal data within the meaning of Regulation No. 2016/679, known as the General Data Protection Regulation ("GDPR"), that the User inputs, provides, and transmits in the context of using the Platform;
▪ Intellectual Property Rights: refers to all literary and artistic property rights (copyright and related rights), industrial property (trademark, design, and patent) as provided for in the Intellectual Property Code and international treaties;
▪ Credentials: refers to both the User's unique identifier and the login password provided by the Company or chosen by the Client;
▪ Platform: refers to the "Fullwhere" platform accessible online at the address
https://www.fullwhere.com/ or any other domain name that the Company may provide;
▪ Services: refers to the various features accessible during the use of the Platform by Users, as defined below.
▪ User: refers to a natural person who is part of the Client's staff and authorized by the latter, or a logical or physical system, who may access the Platform for professional use.
ARTICLE 2: DESCRIPTION OF SERVICES
The Services offered by the Company are accessible from the Platform.
The Services offered on the Platform provide the User with access to the following features, among others:
▪ Centralization of customer feedback;
▪ Communication tools with end customers and response management for customer feedback;
▪ Implementation of satisfaction surveys;
▪ Collaboration and support for the Client's internal teams in managing customer feedback.
The Services offered by the Company are subject to change. The Company reserves the right to offer any Services it deems useful, in any form and according to the features and technical means it considers most appropriate to provide said Services.
The Platform and its Services are accessible to any User with internet access. All costs associated with accessing the Platform, including hardware, software, or internet access costs, are the exclusive responsibility of the Client.
ARTICLE 3: ACCEPTANCE - MODIFICATION
These Terms of Use apply for the entire duration of navigating and accessing the Platform.
The Company reserves the right to modify these Terms of Use. Any modification will take effect upon publication. The User agrees to be notified of updated Terms of Use through their publication on the Platform.
In the event that the User does not accept these modifications, they are free to discontinue their use of the Platform.
By continuing to use or access the Platform after the effective date of the updated Terms of Use, the User declares having acknowledged the updates and agrees to all modifications made.
The latest version of the Terms of Use available online on the Platform will prevail, if applicable, over any other version of these Terms of Use.
ARTICLE 4: ACCOUNT CREATION
4.1 To access all features of the Platform, the User must have an Account. The Client must subscribe to the Services under the conditions and according to the terms determined in the General Terms and Conditions of Sale, available at https://www.fullwhere.com/cgv. Once the subscription is in place, the Client grants user rights under its full responsibility, and Users are then invited to create their login Credentials.
4.2 During each use of the Platform, the User must always enter their Credentials, which must be kept secret. These Credentials are non-transferable and for strictly personal use. The User must ensure that their Credentials are not used or likely to be used by third parties. In this respect, they agree to keep the various components of their Credentials separate. The User guarantees that they will protect information related to their Account and will be fully responsible for any use of their Account by themselves or by a third party.
4.3 The Company may request certain additional information to verify the identity of all potential Users of the Platform. By accepting these Terms of Use, Users agree to provide all the aforementioned information at the Company's first request. Otherwise, the Services will not be accessible.
4.4 The User agrees to provide accurate and truthful personal information and to update it regularly through their profile to ensure its relevance and accuracy throughout the use of the Platform. The User agrees not to create or use, under their own identity or that of a third party, any other Account than the one initially created.
In case of violation of the provisions of these Terms of Use, the Company reserves the right to modify or terminate access to the Platform at any time, without notice and without liability to the User.
The Company disclaims all liability in the event of loss or misuse of the information provided during the download of the Platform.
ARTICLE 5: SERVICE AVAILABILITY
The Services are available 24/7, subject to interruptions for maintenance operations and periods of unavailability of the Platform.
Under Regulation (EU) 2017/1128 on cross-border portability of online content services, the User who has subscribed to Services from a European Union Member State will have access to the same contents and in the same manner during their temporary use of the Services in another Member State, without additional cost. However, the Company cannot guarantee the same quality of service as that provided to the User in their country of residence.
Use of the Platform and Services is granted "as is" without any express or implied warranty, regarding performance or results, nor concerning the compatibility of the Platform with the Users' intended use. The Company does not guarantee an error-free, uninterrupted, and secure provision of the Services offered via the Platform.
The Company is under no obligation to provide personalized assistance, particularly technical assistance.
The Company reserves the right to make any modifications and improvements to the Services it deems necessary, provided that it does not result in a deterioration of quality or substantial modification of Service features.
Temporary interruptions of the Services will, as far as possible, be notified via the Platform at least 24 hours before they occur, except when these interruptions are of an urgent nature.
Any permanent closure of the Services will be notified via the Platform at least one (1) month before it occurs.
ARTICLE 6: USER OBLIGATIONS
6.1 The User agrees, throughout the duration of the use of the Platform and Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. They are solely responsible for the information transmitted to the Company via the Platform. In this respect, the responsibility of the Company cannot be engaged. The User agrees to comply with the terms of these Terms of Use.
6.2 While using the Platform and/or its Services, Users are prohibited from:
▪ Using the Platform in any illegal way, for any unlawful purpose or in any manner inconsistent with these Terms of Use;
▪ Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content on the Platform or decompiling, reverse-engineering, disassembling, modifying, displaying in a readable format, attempting to discover any source code or using any software enabling or comprising any part of the Platform;
▪ Defaming, insulting, harassing, stalking, threatening, or infringing on the rights of others (such as privacy and publicity rights);
▪ Uploading to the Company's servers, publishing, emailing, transmitting, or otherwise providing any elements of any nature (computer or otherwise, written or not, etc.);
▪ Impersonating any physical or legal person, falsifying or deleting any copyright notices, or any legal notices, proprietary designations, or labels regarding the origin or source of the Services or any other elements of the Platform;
▪ Deleting notices related to copyrights, trademarks, and proprietary rights appearing in the Platform and/or its Services and/or related documents;
▪ Preventing, in whole or in part, another User from accessing or using the Platform or from employing or benefiting from the Services;
▪ Using the Platform and/or Services for illegal, prohibited, or potentially public disorder threatening purposes;
▪ Disrupting or interrupting the Platform and/or Services, servers, or networks connected to the Platform and/or Services, or violating the requirements, procedures, regulations, or regulations of connected networks;
▪ Attempting to gain unauthorized access to the Platform's computer system, or engaging in any disruptive activities that reduce quality, interfere with performance, or impair Platform functionality;
▪ Abusing the Platform for malicious activity by deliberately introducing viruses or any other malicious program and attempting unauthorized access to the Platform;
▪ Using a robot, spider, or any other device to retrieve or index all or part of the Platform and/or Services, or collect information about Users for unauthorized purposes;
▪ Creating Accounts automatically or for misuse or fraudulent purposes;
▪ Promoting or providing instructions on illegal activities, or promoting physical or moral violence towards a group or individual;
▪ Promoting any religion or religious activity;
▪ Offering any commercial promotions or preferential rates from any other company or service;
▪ Transmitting viruses, worms, defects, Trojan horses, or any other destructive items or items capable of stealing or revealing another User's data.
6.3 Users also agree to:
▪ Not transmit any false information to the Company;
▪ Not engage in behavior, while using the Platform, likely to (i) cause harassment to others or incite others to engage in harassment, (ii) incite hatred, discrimination, racism, fanaticism, and physical violence of individuals or groups of individuals, (iii) solicit funds to finance illicit activities, (iv) represent or advocate illegal activities or behaviors of defamatory, abusive, obscene, threatening, or slanderous character as well as false or misleading information, (v) encourage or favor any criminal activity or provide instructions or guidance on how to further illegal activities, privacy violations, dissemination and creation of computer viruses.
6.4 If, for any reason, the Company considers the User does not comply with these Terms of Use, the Company can at any time, at its sole discretion, suspend their use temporarily or permanently, delete their access to the Platform and Services and take all measures including any civil and criminal judicial action against them.
ARTICLE 7: LIABILITY
7.1 The Company cannot be held liable for the Content transmitted by Users via the Platform and does not provide any guarantee, express or implied, in this regard.
The Company is also under no obligation to preselect, control, or modify information transmitted by Users via the Platform. The Company cannot be held liable for choices made by Users.
Users are solely responsible for how they use the Platform and the direct or indirect consequences of this use. They must use it in compliance with applicable regulations.
The Company cannot be held liable for any damage or harm arising directly or indirectly from the Client's improper use of the Solution or Services.
7.2 The Company cannot be held liable for the quality, availability, and reliability of telecommunications networks, whatever their nature, in the case of data transport or internet access, even when the provider is recommended by the Company.
The Company cannot be held liable for interruption periods related to update and maintenance operations.
7.3 The Company cannot be held liable, towards the User or third parties, for indirect damages. Indirect damages include, for example: lost profits, increased overheads, loss of profit or customers, any operating loss, loss of profit, or financial loss resulting from the inability to use the Solution.
7.4 Furthermore, the Company cannot be held liable for the malfunction, inability to access, or malfunction of the Internet service provider's Services, those of the internet network, and all other reasons outside the Company. While the Company does everything possible to prevent malicious use of the Platform, it cannot be held liable for potential damages resulting from a virus transmission or any other element likely to contaminate or affect user equipment and software.
The Company does not guarantee that the information transmitted by Users cannot be subject to unauthorized third-party intrusions nor be corrupted or downloaded, nor that information and data circulating on the internet are protected against possible attacks or diversions.
ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS
The Company is the exclusive owner of intellectual property rights on the Platform, including all texts, comments, works, illustrations, videos, and images, whether visual or auditory, reproduced on the Platform as well as its databases for which it is the producer.
The overall structure of the Platform and its components (such as names, trademarks, logos, designs and models, and other distinctive signs, domain names, phonographic or videographic recordings, and their elements) are the exclusive property of the Company and/or its licensors.
All these rights are reserved worldwide.
The Company grants the User a non-exclusive license to use the Platform. As such, and in accordance with the provisions of the Intellectual Property Code, only the professional use of the Platform and its content, subject to different or more restrictive provisions of this code, is authorized. Any other use constitutes counterfeiting and is subject to intellectual property prosecution unless prior authorization is obtained from the Company.
This license is strictly personal and cannot be assigned or transferred to any third party. The license is granted for the duration of Platform use.
No title or rights to any element will be transferred or acquired by the User, and their use of the Platform and/or Services does not confer ownership, intellectual property rights, or rights to any elements.
The User is strictly prohibited from reproducing, publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Platform, and its elements and software, decompiling, modifying, or creating a derivative work based on them, nor selling or participating in any sale related to this Platform, its elements, or any related software.
Moreover, the User is prohibited from, without limitation:
▪ Reverse engineering the Platform to develop a competitive product or service and/or copy, reproduce all functions, features, or graphical elements of the Platform;
▪ Using the Platform for any purpose other than its professional purpose, which is for professional needs only;
▪ Distributing the Platform, exploiting it for commercial purposes, making it available to third parties, or renting it;
▪ Altering or disrupting Platform integrity or execution or the data contained therein;
▪ Obtaining or attempting unauthorized access to the Platform or associated systems or networks;
▪ Downloading or reproducing Platform code or its reverse translation to obtain necessary information for Platform interoperability with other independently created software;
▪ Engaging in any decompilation of the Platform beyond legal provisions.
ARTICLE 9: SECURITY
Users agree to take all reasonable precautions to preserve the confidentiality of their usernames and passwords to access the Platform.
In this regard, the User undertakes, in particular, to:
▪ Never write down and, under no circumstances, their username or password, even in coded form;
▪ Always use their credentials away from prying eyes and ears;
▪ Avoid typing their credentials in front of others;
It is also strongly recommended that Users regularly change the password required for Platform access. To do this, the User must access the Settings tab, then My Account, then Password.
When changing their password, the User must ensure that it does not contain easily identifiable combinations, such as their name, first name, date of birth, or those of a close person (spouse, child, etc.), a password used for other purposes (such as personal email, etc.).
The User also agrees not to store their credentials on their computer, smartphone, and/or digital tablet nor send them via non-secure transmission channels such as email, SMS.
The User is also responsible for erasing stored information on their computer, smartphone, and/or digital tablet after using payment services, notably by deleting cookies and history or deleting data stored in cache memory.
The Internet is an open international telecommunications network that the User can access via a computer, smartphone, or digital tablet. To access the Platform and Services, the User must comply with the technical requirements (concerning equipment and software) described in these Terms of Use.
The User is responsible for taking all necessary measures to ensure that their computer, smartphone, or digital tablet's technical characteristics, software, and internet subscription allow them to access the Platform securely.
The User is entirely responsible for the correct functioning of their computer equipment and their internet connection. As such, the User must ensure that this equipment does not have any issues or viruses and provides adequate security to prevent third parties from accessing their Account and the data it contains.
The User must make every effort to maintain this security. To this end, the User must ensure, in particular, that there is no risk that hostile programs or viruses access and disrupt the Company's computer systems. In particular, the User must ensure their computer, smartphone, digital tablet security by regularly updating antivirus and anti-spyware software and a personal firewall.
The User assumes technical risks, including power outages, connection interruptions, malfunctions, or network or system overloads.
The User acknowledges that they must contact their chosen internet service provider to access the internet, the Platform, and Services. In this context, the User acknowledges that it is their responsibility to choose their Internet service provider and establish the terms of their relationship with it.
The Company cannot be held responsible for internet access risks and the risks related to data transmission remotely by or to the User, particularly in disputes between the User and their Internet service provider regarding the confidential/personal nature of transmitted data, transmission costs, line maintenance, and interruptions.
The User is responsible for using the Services following the technical requirements and security instructions provided by the Company.
Under normal conditions, the Services are accessible via the Platform.
The User must log in to the Platform for a limited time and agrees to disconnect as soon as they finish using the Platform. Because disconnection from the Platform is not automatic, once connected, the User remains connected until they disconnect by clicking on the logout option from the Platform.
The Company reserves the right to:
▪ Remove or delete any Content or information that the Company deems inappropriate;
▪ Without prejudice to legal actions taken by third parties, pursue any action seeking damages that the Company has personally suffered due to User violations under these Terms of Use;
▪ Notify the relevant authorities, cooperate with them, and provide them with all useful information for investigating and repressing illegal or illicit activities, following legislation.
ARTICLE 10: PERSONAL DATA
Following the January 6, 1978 law on data processing, files, and liberties and the General Data Protection Regulation (GDPR), the User is informed that certain information is collected by the Company to allow the Company to process and execute its Services on the Platform.
The Company acts in a processor capacity on the Client's instructions, qualified as the Personal Data controller. The Client is informed that it is their responsibility to comply, under their sole responsibility, with the obligations incumbent upon them under applicable personal data protection regulations.
Whenever Personal Data is collected by the Client or the Company on the Client's instructions, it is the Client's responsibility to ensure that the collection, processing, and/or transfer of Personal Data is authorized.
The terms of processing Personal Data by the Company in a processor capacity are defined in the Company's Privacy Policy accessible on the Platform.
ARTICLE 11: FORCE MAJEURE
Any event beyond the Company's control and against which it could not reasonably protect itself constitutes a force majeure event, such as, without limitation: a strike or technical failure (EDF, Enedis, telecommunications operators, internet access providers, or hosting, etc.), an energy supply interruption (such as electricity), a failure of the electronic communication network on which the Company depends and/or networks that would substitute them.
The Company cannot be held liable or considered to have failed in its obligations under these Terms of Use for any non-performance related to a force majeure event as defined by law and French jurisprudence, provided that it notifies the other party on the one hand, and endeavors to minimize prejudice and fulfill its obligations as soon as the force majeure event ceases, on the other hand.
ARTICLE 12: INTEGRITY
The provisions of these Terms of Use express the entire agreement between Users and the Company. They prevail over any proposal, prior or subsequent correspondence to the conclusion of these, as well as any other provision in exchanged documents between the parties concerning the subject of the Terms of Use, unless an amendment is duly signed by the representatives of both parties.
ARTICLE 13: NON-WAIVER
The fact that one of the parties to these Terms of Use has not demanded the application of any clause, whether permanently or temporarily, cannot be considered a waiver of the rights of that party arising from said clause.
ARTICLE 14: INVALIDITY
If one or more provisions of these Terms of Use are held to be invalid or declared as such pursuant to any law, regulation, or following a final decision by a competent court, the other provisions of these Terms of Use will retain their full force and scope.
In this case, the Company undertakes to immediately delete and replace the invalidated clause with a legally valid clause.
ARTICLE 15: TITLES
In the event of difficulty in interpreting a title and chapter of any article and any clause, the titles will be considered unwritten.
ARTICLE 16: JURISDICTION – APPLICABLE LAW
These Terms of Use are governed and interpreted following French law, without regard to conflict of laws principles.
In the event of a dispute arising during the interpretation and/or execution of these or concerning these Terms of Use, the parties agree to make all efforts to amicably resolve all disputes arising from these Terms of Use.
All disputes, particularly regarding the validity, execution, interpretation, and/or termination of these Terms of Use, fall under the exclusive jurisdiction of the courts of the Company's registered office, except for contrary mandatory procedural rules.
