Santa Fe (Sanelo) Customer Portal Terms & Conditions (UK)
Santa Fe (Sanelo) uses Avvinue as its software as service provider for the customer portal.
The T&Cs define the terms according to which AVVINUE allows the User to use the Solution. The T&Cs constitute mandatory contractual provisions which bind the User to AVVINUE.
FOLLOWING ACCEPTANCE, THE USER ACKNOWLEDGES TO BE BOUND BY THE T&Cs TOWARDS AVVINUE.
AVVINUE recommends that each User, upon receipt of the durable medium which will be sent to her / him, to record and keep a digital version of the T&Cs.
Refers to these general conditions of use of the Solution.
Means AVVINUE, a simplified joint stock company with capital of 500 euros, whose registered office is located at 57 rue Président Edouard Herriot – 69 002 LYON, registered in the trade and companies register under number 882 975 998 RCS LYON, and represented by its president, Mrs Nicole CABA, working in the personal services business sector.
Refers to anyone who uses the Solution. The User must accept the T&Cs of the Solution before using it.
Refers to the SaaS solution accessible at the address https://www.avvinue.com/ and / or any suffixes and / or access fields that refer to this address, as well as via any shortcut and other application on the mobile telephone, tablet or computer. The Solution is intended to be a simple and useful networking tool, in the context of a move or relocation, allowing non-professional people concerned to get in touch with local partners working in the sector of activities of their associated needs and to manage, via a personal interactive dashboard, the follow-up of its contacts and related procedures. The services likely to be offered by the partners present on the Solution, in order to facilitate the relocation and / or the relocation of the User, are, without obligation or exhaustiveness, immigration, transport solutions, services concierge services, housing, insurance, taxation, banking, language courses, translations, etc.
Refers to all AVVINUE raw data, such as all information, files, questions, suggestions, remarks, data, databases, blog, content, studies, profiles, images, videos, files, reports, statements, charters, graphics, elements, emails, list of partners, actors and / or entities, etc., that AVVINUE makes available to Users as part of the regular operation of the Solution, whatever the form or the date. The personal data of Users, which remains their respective property, does not fall within the definition of AVVINUE’s Data.
- ABSENCE OF INTERMEDIATION OF AVVINUE – THIRD PARTY SITES AND COMMERCIAL ELEMENTS
2.1. The Solution is a technical solution intended to allow non-professional people having a project or being in the process of moving or relocating to come into contact with local partners intervening in the sector of activity of their associated needs and to manage, via a personal interactive dashboard, the follow-up of its related procedures.
Following registration, the User has access to all the services offered by the partners present on the Solution. In this context, he finds all the services offered by them, on the date of his registration, and to which he can access.
However, this cannot constitute an obligation for AVVINUE, which is not an intermediary, nor in any way responsible for these, such as interactions and / or transactions with the partners present on the Solution, these services may relate to the following needs: immigration, transport solutions, concierge services, housing, insurance, taxation, banking, language courses, translations, etc. These services, dependent on the offer of partners present on the Solution, are scalable, indicative and not exhaustive.
The User can, from the Solution, and following registration, add or delete any service for which he would be interested in obtaining the indication of local partners intervening in the corresponding sectors, in order to establish or not connect with them.
Via the Solution, the User can also have access to all of the status of their contact and/or service requests from partners present on the Solution.
A first exchange of fifteen (15) minutes maximum is offered by AVVINUE to the User, in order to present their situation and associated needs.
The Solution represents technical assistance for establishing contact, to the exclusion of any other purpose or use. In any case, it cannot replace the legal and regulatory obligations applicable in terms of entry and stay in each of the territories concerned, to human resources, nor justify any exemption under the laws and regulations in force.
No other object or guarantee than those explained in the T&Cs is given by AVVINUE, which each of the Users acknowledges and accepts. In particular, AVVINUE does not provide any intermediation between Users, nor between the User and the partners, with regard to the services offered by the latter and / or the related conditions – in particular tariffs. No liability of AVVINUE can therefore be sought in this regard.
The User’s decision to collaborate with a partner identified on the Solution can in no way be attributed to AVVINUE. AVVINUE is in no way responsible for the consequences of any decision by the User and in particular, in the event of non-performance by any partner, irregularity and / or dissatisfaction of the User.
2.2. By the very object of the Solution and the presence of partners on the Solution, the Solution contains elements and / or hypertext links referring to websites managed by persons other than AVVINUE, on which the latter does not exercise no sort of control.
AVVINUE assumes no responsibility for these elements, sites or content to which these elements and sites may refer. The presence of these elements and hypertext links does not mean that AVVINUE approves, in any way whatsoever, the content considered. AVVINUE is not responsible for any modification or update concerning these elements and websites.
AVVINUE is not responsible for the transmission of information from them, nor for their malfunction or execution.
Users are solely responsible for any interaction and / or transaction carried out between them and / or with third parties, including in particular with the partners present on the Solution.
2.3. No provision of the T&Cs, nor any other agreement, would be deemed to place AVVINUE and any of the Users, within the framework of an association, company, economic group, a company as well as any legal or de facto grouping. or a relationship of agency or commercial representation, employee relationship, employees or similar. AVVINUE may not be bound by Users in relation to agreements made with partners, including those present on the Solution, AVVINUE does not provide any intermediation in this respect but only a technical service for establishing contact.
- CONDITIONS OF ACCESS AND REGISTRATION OF THE SOLUTION
3.1. The Solution is made available to Users by AVVINUE, under the conditions provided for in the T&Cs.
It is accessible via the web page https://www.avvinue.com/ of the AVVINUE website and / or any suffixes and / or access fields that refer to this address. The User acknowledges having the skills and equipment (tablet, mobile phone, means of telecommunication, etc.) necessary to access the Solution. The User can, without registration, consult general information published by AVVINUE on certain topics concerning relocation and associated needs, without however any obligation for AVVINUE as to the nature of the topics published. The User may not, however, enter into contact with the partners present on the Solution without registration. The User must in any case personally assume all the costs related to this equipment (telecommunication and network supply costs).
3.2. User registration is required to access to the operating functionalities of the Solution. This registration is materialized by:
(i) the creation, by the User, of an account on the Solution, according to the dedicated registration procedure;
As part of creating an account, AVVINUE requires the recovery of the User’s information and personal data. The User’s last name, first name, email address, as well as the password chosen for connection to their account are requested. Where applicable, AVVINUE will be entitled to request any other information from the User, provided that it is useful for the regular creation of his account on the Solution or for the verification of AVVINUE in fulfillment of legal obligations and / or regulations in force.
To this end, the User expressly authorizes AVVINUE to collect and process his personal information, for the purposes referred to in Article 7 below. This authorization remains valid as long as the Users use the Solution and continues under the conditions defined in the Charter referred to in this same article 7.
It is after registration that the User will be able to access to the functionalities of the Solution and in particular get in touch with any partner present on the Solution.
(ii) express acceptance of the T&Cs, before any use of the Solution;
(iii) express acceptance of the Charter governing the rules for the protection of users’ personal data, as specified in Article 7 below, before any use of the Solution.
The User’s registration commits her / him, any information transmitted in this context must be accurate, authentic and sincere.
In order to benefit from the connection via the Solution with local partners intervening in the sectors sought by the User, the latter must complete directly on the Solution all useful additional information or data attached to said services which he needs and in particular, without being limited thereto, in relation to his identity, his family situation, his animals, his expectations, his habitat, his insurance, his financial situation (non-sensitive data), his linguistic resources and capacities, etc. To do this, the User must access the “services” section of the Solution and choose the service (s) from which he wishes to obtain access to offers from local partners present on the Solution. On this occasion and in order to qualify his request(s), the aforementioned additional information and / or data may be requested.
The User therefore guarantees that:
– all information provided to AVVINUE, directly as via the Solution, is complete, exact and precise, and that it has the regular rights of exploitation and distribution thereof,
– he will update the information transmitted so that it is always complete, authentic and accurate,
– the use of the Solution does not and will not contravene public order, good morals, laws and regulations.
The User undertakes in any event to respond to all requests from AVVINUE, provided that they comply with the need to operate the Solution and / or to fulfill a legal and / or regulatory obligation.
Confirmation of the creation of the account, following registration of the User, will be sent to her / him, by any written means by AVVINUE.
3.3. The User ID and password are strictly personal and confidential and should not be disclosed or shared with third parties. The User is personally responsible for keeping them confidential, as well as for all actions, fraudulent or not, which may be carried out under their username and / or password. In the event of loss and / or forgetting of a personal password, the User must follow the dedicated procedure on the Solution. The User agrees in any case never to use the account, username or password of another User.
The User agrees to close his session on the Solution at each end of use, in order to disconnect and ensure the security of his account. An automatic connection is possible, allowing the User to be automatically connected to his personal account, without the need to reconnect, for a successive period of fourteen (14) days maximum.
The User must inform AVVINUE, without delay, of any suspicion or unauthorized use of his account, via the contact form on the Solution or by email at: firstname.lastname@example.org / email@example.com.
Before any measure within its competence, AVVINUE will ask the concerned User for any additional information useful for the notification of the latter, to which the User undertakes to respond.
3.4. AVVINUE reserves the right not to validate the creation, to deactivate and / or to delete any account, following verification with the User concerned, after having asked her / him for all useful explanations, if his indications are not complete, exact or precise.
3.5. Following registration, the operating functionalities of the Solution consisting of putting in touch with partners present on the Solution become accessible to the User.
- OPERATION OF THE SOLUTION – GUARANTEE – LIABILITY
4.1. The Solution exists as is and to the extent of technical possibilities. Consequently, the User acknowledges that:
– AVVINUE does not guarantee that the Solution will operate without interruption or error, in the event of misuse or violation, by the User, directly or indirectly, alone or in combination, of all or part of the functionalities of the Solution,
– AVVINUE does not exercise any control or surveillance over the content exchanged and / or put online in relation to partners, their service offer and / or the execution of these and cannot be held responsible in this regard,
– AVVINUE has no control over the use by the User of the Solution, the latter acting in his name and for his own account; consequently, AVVINUE can in no case be held responsible in this respect, in particular for any interaction and / or transaction between Users and / or with one or more partners present on the Solution;
– AVVINUE can in no way be held responsible for any loss of data resulting from misuse or violation, by the User, directly or indirectly, alone or in combination, of all or part of the functionalities of the Solution, as well as for any irregular or unauthorized use of the content resulting from the use of the Solution,
– AVVINUE does not exercise any control or surveillance over the elements and / or third-party content likely to alter all or part of the functionality of the Solution.
AVVINUE will however continue to deliver full expectations with the User if there exists any technical issues.
4.2. Any User acknowledges that the use of the Solution is done under his sole responsibility. AVVINUE is not responsible for complaints or requests resulting from a violation of any of the provisions of the T&Cs, including in particular any complaint in violation of laws and regulations, public order and good morals, property rights. intellectual or industrial, image rights, defamation, harassment, intrusion into privacy, fraud, economic espionage, unfair competition.
AVVINUE cannot be held responsible for any interaction and / or transaction between Users and / or with one or more partners present on the Solution, AVVINUE only consisting of a technical networking platform and not providing any intermediation as such.
4.3. In any case, AVVINUE, its directors, shareholders or staff, cannot be responsible or implicated by the User and / or any other person affected correlatively, of (i) any unavailability of the Solution and / or (ii) difficulty technique affecting the Solution and / or (iii) inability to use, in whole or in part, the Solution and / or (iv) errors, mismatches, omissions, defects, security breaches; and / or (v) unauthorized or altered access to the Solution, as well as to its functionalities, and / or (vi) other inability of AVVINUE, and / or (vii) the use of data resulting from the use of the Solution, as well as (viii) any damages, including direct and indirect damages, special or punitive damages, resulting from a misuse of the Solution and / or a violation of the T&Cs by said User. In the event that certain jurisdictions do not recognize the exclusions or limitations of liability for damages resulting from the use of the Solution, the above exclusions will not apply to the User before these jurisdictions.
AVVINUE is in any case bound by an obligation of means.
4.4. Providing a pleasant use of the Solution may require that AVVINUE needs in particular to correct any bugs, install updates or make any diagnosis or any maintenance, which are likely to make it less accessible or unavailable, to all or part of the User, for a certain period of time, the Solution and / or all or part of its functionalities.
AVVINUE must also be able to intervene in an emergency or suspend access to servers in cases where it deems it necessary. AVVINUE will put in place its best efforts to make the Solution available again within a fourteen (14) days period and in all cases as soon as possible, remaining bound by an obligation of means in this respect. Beyond this fourteen (14) days period, then a possible back-up solution would be considered as an option.
AVVINUE may finally, for legitimate economic reasons, renounce, modify or cease operation of the Solution, without corresponding compensation, subject to informing Users, including via a direct notification on the interface of the Solution.
- COMMITMENTS IN RESPECT OF THE USE OF THE SOLUTION
5.1. Use of the Solution is governed by the provisions of the T&Cs. These are binding on the User in a firm and definitive manner. The User agrees not to use the Solution for purposes other than those expressly provided for in the T&Cs.
The Solution belongs exclusively to AVVINUE.
The User is solely responsible for the use he makes of the Solution. As such, without this list being exhaustive, the User refrains herself / himself:
– to use, in whole or in part, the Solution in any way that would violate a local, national or international law, or any other regulation, and / or which would infringe public order or the rights of a third,
– to use the Solution in an illegal or fraudulent manner, or for purposes or for illegal or fraudulent effects, or for purposes other than normal use, it being specified that will be considered in particular as not relating to a use normal any use and activity deemed disproportionate,
– to publish, transmit, distribute, edit or make accessible on or through the Solution, any content that could be constitutive, without this list being exhaustive, of defamation, insults, denigration, threats, blackmail , harassment, incitement to violence, to racial hatred and more generally to the commission of crimes and offenses; dissemination of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and / or works, software, content prohibited by law or infringing rights of third parties; infringement of the authority of justice; violation of privacy, the protection of personal data or the secrecy of correspondence; for the defense of crimes against humanity or the denial of genocide; disclosure of information covered by secrecy or by the right to privacy; or of an act endangering minors, the manufacture, transmission, dissemination or accessibility of messages of a violent, pedophilic or pornographic nature, or of such a nature as to infringe human dignity or allow the production of ‘explosives,
– to post, indicate, or disseminate in any form whatsoever information or content including links to third-party sites which are illegal and / or contrary to accepted standards of morality.
– attempt to mislead other Users by usurping the identity or damaging the image or reputation of others,
– to download or falsify any Data posted or made accessible by AVVINUE, directly or indirectly, on the Solution,
– to disrupt, slow down, block or alter the normal flow of Data, modify or alter or commit any other action having an equivalent disruptive effect on the functionalities of the Solution,
– to post, indicate, or distribute, in any form whatsoever, data and / or any other content without the prior and express authorization of their owner,
– to post, indicate, or distribute, in any form whatsoever, data and / or any other content over which he has no right of reproduction, presentation and / or distribution,
– to post, indicate, or distribute, in any form whatsoever, information or content having the effect of reducing, disrupting, preventing the normal use of the Solution, interrupting and / or slowing down the normal circulation of information, deliberately transmitting elements containing viruses, Trojans, spyware, or any other program harmful or likely to interfere with the proper functioning of the Solution,
– to use the Solution to transmit or facilitate the sending of unsolicited or unauthorized advertising or promotional material,
– to act unfairly towards and/or to undermine, in any way whatsoever, its interests.
5.2. Furthermore, the User is prohibited from:
– dissociating or attempting to dissociate the elements of the Solution, and in particular without being limited to it, by using it other than for its object, by obtaining or by using previous or later versions of these components at different times or by transferring them separately,
– reconstructing the logic of the Solution, decompiling or disassembling it.
5.3. The User’s commitments under this article 5 remain in force until the final right to the Solution regularly falls into the public domain.
5.4. If AVVINUE considers that any information violates or may violate any of the provisions of the T&Cs, it reserves the right, at any time and without limitation of any other action, in law or in equity, after having collected the observations of the User, to: (i) deny the User access to the information in question, (ii) permanently delete this information, (iii) delete or suspend the User’s account and / or (iv) use any means technological, legal, operational or other at its disposal, in order to obtain the forced execution of the T&Cs, including but not limited to, the blocking of IP addresses or the deactivation of the User’s account.
- CONFIDENTIALITY – INTELLECTUAL AND INDUSTRIAL PROPERTY – TRADEMARKS
6.1. The User undertakes to keep strictly confidential and not to use, other than as part of the use of the Solution for his own needs, all information, documentation, technologies, concepts, processes, models, computer systems, photography, videography, software (software packages, application utilities, etc.), digital content, algorithms, networks, databases, Data, other data, applications, products, services and solutions, including the Solution and each of its components, materials, prototypes, specifications, know-how, industrial secrets, technical, strategic, economic, commercial elements, market data, identification of market segments, strategies, business plans, negotiations and relations with AVVINUE third parties, including partners present on the Solution, their service offers and the content thereof, relating to or relating directly or indirectly to the Solution.
The aforementioned confidentiality and non-use obligations remain in force for the period of validity of the T&Cs and will survive its termination, whatever the cause or date, for a period of fifteen (15) years from the date of effective date of termination.
6.2. No provision of the T&Cs, nor access and / or use of the Solution implies a transfer of rights from AVVINUE to the User, over all or part of their intellectual and / or industrial property rights. All intellectual and industrial property rights attached to the Solution belong to AVVINUE.
6.3. The content of the Solution and in particular the sounds, images, texts, programs, graphic charter, utilities, databases, Data, blog, content, software, etc. are protected by the provisions of the Intellectual Property Code and belong to AVVINUE. All rights are therefore reserved.
Without limiting the scope of the other provisions of the T&Cs, the name “AVVINUE”, logos, domain names and all other trade names contained in the Solution using the name “AVVINUE” are trade names or service marks of AVVINUE
Collectively, the “Elements of Intellectual Property”.
6.4. Any User undertakes not to deposit or protect any of the Elements of Intellectual Property or any other sign using all or part of any of the terms associated with said Elements of Intellectual Property. Any offender is exposed to the civil and criminal penalties in force.
6.5. All other third-party brands, service marks, logos and trade names appearing on the Solution, including those of partners present on the Solution, are the property of their respective owners. No transfer or concession of rights is made or should be inferred from any provision of the T&Cs or from any use of the Solution.
- PERSONAL INFORMATION – PERSONAL DATA OF THE USER
The personal data protection charter established by AVVINUE (the “Charter”) indicates to the User the rules for using and protecting his personal information on the Solution. The AVVINUE Charter is accessible at any time via the address: https://www.avvinue.com/privacy-policy.
The Charter must be accepted by the User before any use of the Solution, as part of their registration.
By accepting the Charter, the User is bound by the rules included in this Charter. All the rights, commitments and obligations mentioned in the Charter are consecutive to the acceptance thereof, fully applicable to the User.
The User is entitled to request, at any time, from AVVINUE, to remove his address from the list of his contacts and / or to access, delete, rectify, oppose or limit the processing of his personal data, via the contact form available on the Solution or directly, by email to the following address: firstname.lastname@example.org / email@example.com.
- OWNERSHIP RIGHTS ON AVVINUE’s DATA
All AVVINUE’s Data is the property of AVVINUE, which retains all rights, titles and interests therein. It is recalled that the AVVINUE Data does not concern the personal data of the User, which remains his sole property. No transfer or concession of rights to the Data is made or should be inferred from any provision of the T&Cs or by any other provision contained in the Solution.
The User undertakes not to infringe the above rights, by refraining in particular as such from copying, reproducing, republishing, downloading, erasing, displaying, transmitting or distributing, by any means, all or part of the Data and attached information, except downloading expressly authorized by AVVINUE via a dedicated download link indicated on the Solution.
- COMMERCIAL OFFERS – NOTICE – AUTHORIZATION TO USE IMAGES, PHOTOGRAPHIC SHOTS, VIDEOGRAPHS, INTERVIEWS, CONTENTS, TEXTS SUBMITTED BY THE USER
The wishing User can receive commercial elements, news (newsletters) and actualities from AVVINUE and the partners present on the Solution. To do this, the User must confirm his wish to receive all or part of this information, via a dedicated box to be checked on the Solution.
The User may at any time via the Solution leave an opinion on AVVINUE, the Solution and / or the range of services present therein.
As specified in the Charter, as referred to in article 7 above, the User expressly accepts that his opinions on AVVINUE, the Solution and / or the offer of services present on it be published on said Solution. , as well as on all social networks and AVVINUE means of communication.
When the User submits to AVVINUE an image, a photographic snapshot, a videography, an interview, a content and / or a text, he expressly declares, guarantees and acknowledges:
– Have all the authorizations to do so;
– Accept that AVVINUE presents them, reproduces them without limitation, uses them, adapts them, translates them, modifies them and / or disseminates them, in whole or in part, on the Internet, on the Solution, on the blog of AVVINUE, on its communication and / or commercial elements (presentation brochure, brochures, flyers, pitch Deck), as well as on AVVINUE’s social networks and mobile applications, and during communication and / or commercial events that ‘AVVINUE organizes and / or in which it participates;
– Do not wish to take advantage of the attributes of extra-patrimonial rights, which it holds on the image (s), photographic cliché (s), videography (s), interview (s), content (s) and / or text (s) that he submits (article 9 of the Civil Code).
These authorizations are given free of charge, worldwide and for the duration of the copyright relating to said image (s), photographic cliché (s), videography (s), interview (s), content (s) and / or text (s) submitted.
- DURATION – TERMINATION
The T&Cs take effect from their acceptance and will remain in force, unless terminated under the conditions defined below, until the User’s account is closed.
No User may hold AVVINUE responsible or claim compensation of any kind whatsoever in the event of termination of the T&Cs for legitimate reasons or force majeure, in accordance with the regulations in force.
THE USER MAY AT ANY TIME TERMINATE THE TOS BY NOTIFYING HIS NON-EQUIVOCAL DESIRE BY ANY WRITTEN MEANS WITH ACKNOWLEDGMENT OF RECEIPT TO AVVINUE.
The termination of the T&Cs will not exempt the User from his obligations under Articles 5, 6 and 8 of the T&Cs relating to intellectual and industrial property, respect for Data, confidentiality and non-use of elements and information. of AVVINUE.
- NOTIFICATIONS – WAIVER
Unless otherwise specified in the T&Cs, notifications to the User – including in particular all information, transmission of elements, modifications and formal notices – are made directly in the User’s personal space via the Solution or by email.
The fact that a Party has not required the application of any clause of the T&Cs, whether permanently or temporarily, can in no case be considered as a waiver of the rights of the other Party arising from said clause.
- MODIFICATIONS OF THE T&Cs
THE TOS ARE SUBJECT TO BE MODIFIED BY AVVINUE IN ACCORDANCE WITH THE REGULATIONS IN FORCE, IN THE EVENT OF COMMERCIAL, FINANCIAL, ECONOMIC, TECHNICAL, LEGAL OR LEGAL OR JURISPRUDENTIAL CHANGES OR WHEN NEW FUNCTIONALITIES OF THE SOLUTION ARE IMPLEMENTED. Following prior notification, the User must accept any substantial modification of the T&Cs. The User may alternatively terminate the T&Cs if he does not agree with the proposed changes, under the conditions set out in Article 10 above.
- INTEGRALITY – INVALIDITY – LEGISLATION AND REGULATIONS
13.1. The T&Cs constitute the entire agreement between the Parties relating to these Terms.
13.2. If one or more stipulations of the T&Cs are held to be invalid or declared as such in application of a law, a regulation – and in particular the law of the European Union – or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope. AVVINUE will make the necessary changes without delay while respecting the spirit of the T&Cs.
13.3. The contractual conditions are established within the framework of the legal and regulatory provisions in force. If these were to be changed and modify the economic conditions of the offer and / or the T&Cs, the Parties would meet to adapt the terms in good faith to the new situation.
- APPLICABLE LAW – DISPUTES
ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION AND / OR EXECUTION OF THE T&Cs, NOT BEFORE THE CONSUMER MEDIATOR, OR AMICIABLY RESOLVED AT THE END OF A PERIOD OF SIXTY (60) DAYS FROM THE FIRST NOTIFICATION ON THE DISPUTE WILL BE BROUGHT BEFORE THE MATERIAL AND TERRITORIAL COMPETENT COURT ACCORDING TO PRIVATE INTERNATIONAL LAW PRINCIPLES, WHICH WILL STATE UNDER THE LAW OF THE FORUM, I.E. THE LAW OF ITS OWN COUNTRY.