Legal notice and TOS

General Terms of Use of the Website and the “CitizenWave” Application

(from 07 May 2020)

 

PREAMBLE

The CitizenWave website (hereinafter, the « Site ») and the application CitizenWave (hereinafter, the « Application »), are published and hosted by CitizenWave, a simplified joint stock company with a share capital of 124,476 euros, whose registered office is located at 2 rue Parrot 75012 Paris, registered with the Paris Trade and Companies Registry under SIRET number 847 768 751, and whose intra-community VAT number is FR21847768751, (hereinafter « CitizenWave »).

CitizenWave can be contacted by email at the following email address: hello@www.citizenwave.com, but also by postal mail: 2 rue Parrot 75012 Paris; or by phone at 07.66.55.89.34.

The Creator of the site is citizenwave.com

The director of the publication of the Application and the Site is Dominique Bizaoui.

Contact the person in charge of the publication at dominique.bizaoui@www.citizenwave.com

The Webmaster is Citizenwave

Contact the Webmaster at hello@www.citizenwave.com

Graphic design and technical realization: the Site was created by Chloé THOUVIGNON.

The purpose of the present general terms and conditions of use (hereinafter, the “TOS”) is to define the terms and conditions of registration and access of the Users to the Website and the Application, as well as to the services provided by CitizenWave from the Website and the Application, as more fully described hereunder.

 

1. Purpose of the site and the application

The services offered by CitizenWave via the Website and the Application aim at bringing together on the same social network dedicated to sustainable development all individuals and actors such as associations, companies, local authorities, influencers, etc, NGO (ci-après « the Actors »), being able to act within the framework of a sustainable development objective.

They thus enable (i) anyone who wants to get involved to easily find environmental projects and to be able to participate in them; (ii) to create a unique place where citizens, companies, associations and communities can get in touch with each other about committed projects; (iii) to promote the sharing of knowledge and experience at both local and global levels.

Through this platform, CitizenWave allows everyone to respond as they wish to the environmental emergency and to know their real contribution to the well-being of the planet.

They therefore aim to place the individual at the center of exchanges of information, action ideas and lists of ideas in favor of sustainable development, and to encourage the commitment of the Actors at his or her side.

In order to access and use the Site and the Application, each user must :be over 16 years old on the day of registration and have the legal capacity to commit under these TOS;
have a compatible mobile terminal;
have an Internet connection, the costs of using remote communication techniques (Wi-Fi, 2G, 3G, 4G, etc.)          being at the User’s expense;
have a valid email address;
create an Account; and
accept these without reservation.

2. Definitions

The terms defined below shall have the following meanings between the Parties:

« Application » : means the CitizenWave mobile application available for smartphone on the App Store or Google Play Store;

« Account » : means a virtual space in the form of web pages dedicated to the User within CitizenWave, made available for free;

« User Content » : designates, in singular or plural, all the elements (text, image, video / photo, links) published on the site by the User, including but not limited to information published through the profile but also comments, news, events or recommendations.

« Visitor » : designates an Internet user visiting the Site without having logged into his account. The Visitor does not necessarily have an account. This service is currently not available within the Application.

« Partie(s) » : means CitizenWave and the User in the singular, and CitizenWave and the User together in the plural;

« Services » : means all of the functionalities accessible online offered on the Application and on the Site as listed in Article 5 “Description of the Services”;

« Website » : means the CitizenWave website accessible at the url www.citizenwave.com.

« User(s) » : means generally, in the singular or plural, any person with an account on the Site or on the Application. It may be an individual or an Association working in the public domain and having free access to the Application and the Site.

3. Scope of the TOS

The purpose of these TOS is to define the terms and conditions of registration, access and use of the Site and the Application and/or Services by Users.

Access to the Site is free and is not subject to the prior creation of an Account.

Access to all the Services offered by the Application and by the Site is subject to the creation of an Account.

When creating an Account in the Application, the User must read the Terms and Conditions of Use by clicking on the “Terms and Conditions of Use” link and validate them by clicking on the “Next” button at the end of the registration form. By doing so, the User acknowledges that he accepts all the provisions of the Terms and Conditions of Use without any reservation.

CitizenWave reserves the right to modify, at any time, all or part of these TOS and/or the Services. If applicable, the Users will be informed of any modification of the GCU at least three (3) days before the effective date of the modification, by email and/or by information on the Website and/or the Application. By continuing to use the Application and/or the Site after the effective date of a modification to the TOS and/or the Services, the User is deemed to have accepted said modification.

4. User Account

4.1 Account creation and use

The creation of an Account is carried out by means of a registration form made available in the Application. On this occasion, the Visitor is first invited to complete the first part of the form by entering his email address and password. Once the TOS and the personal data protection policy have been accepted, the User may finalize the form by filling in certain information relating to his or her identity, including in particular his or her estimated level of knowledge in Sustainable Development, his or her pseudonym, and a profile photo. Optionally, if the User has an access code to a private community, he or she can enter it.

The mandatory information is the email, the password and the nickname.

The User undertakes to provide, during the creation and use of his Account, accurate, complete and sincere information.

The User undertakes not to create or use accounts other than the one initially created, whether under his own identity or that of a third party.

The identifier and password associated with the Account are strictly personal and must not be communicated to third parties. The User acknowledges that he/she is solely responsible for the security and use of the Account. The User undertakes to notify CitizenWave immediately in case of breach of confidentiality and/or fraudulent use of his Account.

4.2. Account Modification

At any time, the User can update all of his Account information in his personal space available on the Application, on the My Settings page.

As such, the User is solely liable for the prejudice that he could suffer in case of inaccuracy of the information about him and CitizenWave can in no way be held liable for the information communicated by the User that could be inaccurate, erroneous or fraudulent.

4.3 Duration and end of the Account

Subject to the provisions below, the Account remains valid for an indefinite period of time from the date of its creation.

The User may, at any time, give up using the Services by closing his Account by sending an email to hello@www.citizenwave.com. This procedure is final and irreversible, and will result in the deletion of the Account, as well as the personal data associated with it, under the conditions set forth in the article “Personal data”.

In case of breach by the User of the obligations set forth in the present GCU, CitizenWave reserves the right, at its own discretion and depending on the seriousness and duration of the breach, to suspend or delete the Account, without prejudice to any other right and action of CitizenWave against the User, under the conditions set forth in the article “Non-compliance with the GCU” of the present contract.

4.4. User Status

In order to be as close as possible to the needs of the Users, CitizenWave provides them with functionalities according to their status.

The User determines his status or statuses, which can be :

Administrator of a personal page
Administrator of a certified page (acting on behalf of an association, company, community or NGO) ;
Member of a group or community ;
Administrator of a group or community (hereinafter referred to as “Group Administrator”).

Depending on the status selected by the User, the User can benefit from reserved functionalities such as the administration of a particular space or a discussion group, a community or an interest group.

The choice of certain statuses is subject to validation by Users with administrative rights.

5. Description of services

The Application and the CitizenWave Website enable the creation of a community dedicated to sustainable development.

They thus allow any User who wants to commit to :

Easily find and participate in environmental projects;
To create a unique place where the actors can get in touch with each other about the projects they are involved in;
Promote the sharing of knowledge and experience at the local and global level.

To this end, CitizenWave provides the following Services to the Website and the Application Users.

5.1. Profile creation

The creation of an Account entails the creation of a personal profile that the User concerned can use to broadcast and share Content according to the options and settings chosen.

The User’s profile and the Content he or she publishes is visible to all other Users. Visitors have access to the Content published by the User but will have to authenticate themselves to access their profile.

The User may complete his profile by entering his identity, his photograph or an avatar, his skills and interests.

Users may subscribe to other Users. These subscriptions appear on the User’s profile.

5.2. Publication and interaction between Users and Actors

The Application allows Users to interact with the entire community of other Users and Actors and to disseminate and share with all or part of the Users and Actors User Content, which includes, in particular, messages, ideas or lists of ideas sought, questions about an idea or a list of ideas.

The Site and the Application allow Users to interact through various features such as :

Publish idea messages, idea lists and events or any other User Content;
React to publications by liking, commenting and sharing them;
Adopt, comment and share an idea or any other User Content;
Track and share a list of ideas or other User Content;
Subscribe to another User or any other Actor;
Choose to participate in an event;

The User Content must be published in French and have a link with the purpose of the Website and the CitizenWave Application. They must only relate to lawful objects or activities and comply with Article 6 of the present GCU.

The User Content published on the Website and on the Application can be viewed by any Visitor. However, the possibility of replying to User Content and exchanging with its author is only offered to Users.

User Content is published in the news feeds offered as soon as possible. CitizenWave therefore does not guarantee the order of the publications. Depending on the personalization made for the User, the User Content corresponding to his preferences may be highlighted.

CitizenWave may publish Contents sponsored by partners. These Contents will then be identified as such.

The publication of any User Content is strictly reserved to individuals and associations free of charge.

Three news feeds corresponding to the User’s continuously updated list of preferences and subscriptions and allowing him/her to view Content and interact with other Users are also made available to the Users. The User therefore accepts that these Services may be used by other Users in relation to him/her, in particular that comments may be associated with his/her Content as a result of the provision of these interaction Services.

The User acknowledges that he cannot use this Interaction Service to offer products or services on a professional basis and/or unrelated to the purpose of the CitizenWave Website, such as for instance commercial links or money lending services.

5.3. Groups (Service available soon)

Groups are a way to communicate common interests and ideas. The Site and the Application offer the User the opportunity to :

Create and join a group, it being understood that access to the group may be subject to approval of the membership application by the Group Administrator; or
Share User Content, create or participate in discussions within groups of which he or she is a member, it being understood that by posting User Content within a group, the User agrees that other members of the group may have access to it.

The creation and participation of a User in a discussion within a group is subject to the User’s membership in that group and the ability to like, comment, post or share User Content in that group.

Sharing User Content from a private group is not possible outside of that group.

It is up to the User who wishes to publish User Content in the context of a discussion within a group to check beforehand which Users may have access to it. By posting User Content within a group, the User agrees that other members of the group may have access to it.

5.4 Email Notification / Alerts

Notifications are news about the User’s activity on CitizenWave.

The User can accept or refuse from the first launch of the application to receive notifications and e-mail alerts at the e-mail address he provided when registering. This Service is managed by the standard notification management service of the telephone.

The User may at any time remove and/or add these notifications and e-mail alerts in the system menu of the telephone provided for this purpose.

6. Obligations

6.1 Obligations of the User

The User warrants to CitizenWave that he holds all rights and authorizations necessary for the publication of User Content on the Application and on the Website.

The User also guarantees to CitizenWave that the User Content that he uploads on the Application and on the Website complies with the legal and regulatory provisions in force and in particular does not constitute a violation of third parties’ intellectual property rights, an infringement of people’s rights (in particular defamation, insults, insults, etc.), the right to the image of goods and/or people and to privacy, or an infringement of public order and/or morality. In this respect, the User agrees not to publish User Content that may constitute, in particular, an apology for crimes against humanity, a provocation to commit acts of terrorism and their apology, incitement to racial hatred, hatred against persons on the basis of their gender, sexual orientation or identity or their disability, as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, as well as attacks on human dignity. The User also agrees not to publish User Content that may constitute incitement to hatred against an individual or a community because of their religious beliefs.

The User undertakes to interact with other Users in a courteous and friendly manner.

The User Content published by the User must be in line with the seventeen sustainable development goals defined by the United Nations, as explained on our website (https://www.citizenwave.com/a-propos/notre-philosophie/) and detailed here: https://www.un.org/sustainabledevelopment/fr/.

In addition, the User expressly agrees not to use the Application and/or the Site:

for an illicit purpose and/or contrary to these TOS;
in order to encourage any illegal activity or any other activity infringing on the rights of CitizenWave, the other Users or any third party;
in a way that would disrupt or damage the Application or the Website, the Services offered by CitizenWave,       including but not limited to introducing viruses or other malicious software; or
for the purpose of referencing offers of goods or services, in any capacity whatsoever.

The User undertakes not to borrow the identity of another User.

The User undertakes to report to CitizenWave any non-compliant use or any failure of the Website and/or the Application that he would have noticed via the “Report Unwanted Content” button or by email to the following address report@www.citizenwave.com

6.2 Obligations of CitizenWave

CitizenWave undertakes, as part of an obligation of means, to provide access to the Application and/or Website and to the Services in compliance with the present GCU and to act diligently by implementing, within a reasonable limit, the measures aimed at correcting any malfunction brought to its attention.

The User acknowledges and accepts that CitizenWave may be forced to interrupt the access to the Application and/or the Website and/or the Services to perform technical or maintenance work, whatever the origin or cause thereof, without any liability on the part of CitizenWave. Whenever possible, CitizenWave will inform the Users on the home page of the Application and the Website as soon as possible, and will use all reasonable means to reduce the period of unavailability of the Application, the Website and/or the Services.

 

7. Responsibilities

7.1 Responsibility of the User

The User is solely responsible for the use he makes of the Site and the Application and for complying with his obligations under these TOU.

As such, the User indemnifies CitizenWave against any complaint, claim, action, demand and/or recourse of any kind that other Users and/or third parties may make against CitizenWave due to the User’s breach of his obligations under the present GCU, or, more generally, his use of the Website, the Application and the Services. The User undertakes to indemnify CitizenWave for any prejudice and damages that the latter may suffer and to pay all costs that it may have to bear as a result.

7.2. Responsibility of CitizenWave

CitizenWave’s liability towards the User can only be engaged for facts directly attributable to CitizenWave and causing direct harm to the User.

CitizenWave cannot be held liable towards the User under any circumstance:

an indirect prejudice, recognized as such by the French courts;
a prejudice resulting from a misuse or a use of the Site, the Services and the Application that does not comply with these GCU, or
a prejudice resulting from facts attributable to the User, to any other User or to any third party.

CitizenWave is not the publisher of the User Content. CitizenWave only assumes the responsibility of a hosting provider in the sense of the law for trust in the digital economy n°2004-575 of 21-6-2004, the User Content published by the Users. CitizenWave is therefore not legally bound to any general obligation to monitor the User Content posted or hosted on the Website and on the Application.

The User acknowledges and accepts that CitizenWave does not exercise any a priori control over the User Content published on the Application. Therefore, CitizenWave cannot guarantee the accuracy, quality, truthfulness and reliability of the User Content. CitizenWave cannot be held liable for such User Content.

CitizenWave is not the publisher of the User Content exchanged between the Users, CitizenWave does not exercise any a priori control over such User Content. CitizenWave only acts as a technical intermediary allowing the exchange of such Content, which the User expressly acknowledges and accepts. As such, as a mere technical service provider, CitizenWave disclaims any liability regarding the information communicated between Users and Actors, and in particular regarding the accuracy, adequacy, completeness and quality of the information provided.

Insofar as the Application may contain content that includes links to third party applications and/or websites over which CitizenWave has no control, the User acknowledges and agrees that CitizenWave cannot be held liable for the content of such third party applications and/or websites.

The User acknowledges and accepts that CitizenWave cannot be held liable for any inconvenience or damage related to the use of the Internet, including but not limited to the improper transmission and/or reception of any data and/or information on the Internet, the failure of any reception equipment or communication lines, any malfunction of the Internet network preventing the proper functioning of the Application, the Website and/or the Services.

8. Intellectual Property

8.1 Intellectual property of CitizenWave

The User acknowledges that CitizenWave remains the exclusive owner of the Website and the Application, as well as of all their components, including but not limited to all texts, graphics, images, logos, names, trademarks, techniques, processes, know-how, sounds, photographs, videos, drawings, data, object code and source code, as well as all related rights, including but not limited to intellectual property rights.

Access to and/or use of the Application and/or the Site does not in any way constitute recognition of any right whatsoever and, in general, does not confer on the User any intellectual property right relating to any element of the Application and/or the Site. In particular, the User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, rent, lease, license or exploit the elements that make up the Application and/or the Website and referred to in the previous paragraph, in whole or in part, in any way whatsoever, without CitizenWave’s express prior consent.

CitizenWave grants the User, under the terms and conditions described in the present GCU, a strictly personal, non-exclusive, non-transferable and non-sub-licensable right to access and use the Website and the Application, for a use strictly in accordance with the present GCU. This right is granted free of charge and for the duration of the User’s Account.

8.2 Intellectual property of the User

As part of the use of his Account, the User may publish and/or download documents on the Site or the Application of any kind (the “User Content”).

In this respect, the User guarantees (i) that he or she holds all rights or has obtained all necessary authorisations (including, in particular, authorisations relating to image rights) to publish and/or download the User Content, and (ii) that the User Content that he or she provides does not violate any third party rights, including the intellectual property rights of third parties.

CitizenWave does not acquire any ownership right on the User Content. However, the User grants CitizenWave, for the duration of the hosting of the User Content on the Website and ten (10) years after the closure of the Account by the User, a worldwide, free and non-exclusive license to use the User Content, whether or not the elements composing said User Content are protected by an intellectual property right, allowing CitizenWave to use, reproduce, represent, on any media, by any means, all or part of the User Content for the purposes of providing the Services as well as for any other purpose, including commercial and non-commercial.

9. Non-compliance with the TOS

In case of breach by the User of its obligations under the present GCU and/or any applicable law or regulation, CitizenWave reserves the right to take any action it deems useful and in particular to delete any non-compliant User Content, delete the User’s account, after notification of the breach or, in case of a breach that can be corrected, after prior formal notice to comply within a reasonable period of time, remained ineffective within a reasonable period of time indicated in said formal notice.

Any breach by the User that may affect the confidentiality, the intellectual property rights, and/or the security of the Website and/or the Application constitutes a serious breach, against which CitizenWave can take the aforementioned measures immediately after notifying the User of the breach.

The measures described in the present Section are without prejudice to any other right and recourse of CitizenWave, in particular the damages CitizenWave could claim.

 

10. Data of a personal nature

CitizenWave, as the data controller, is committed to protecting the privacy and personal data of the Users in accordance with legal requirements and in particular with the Regulation n°2016/679 of April 27, 2016 regarding the protection of individuals with respect to the processing of personal data and the free circulation of such data and the Law n°78-17 of January 6, 1978 regarding information technology, files and liberties.

The information related to the way CitizenWave protects the personal data of the Users, that it collects during the download and use of the Application, and to the commitments made by CitizenWave in order to ensure the respect of the Users’ personal data, are subject to a separate Privacy and Personal Data Protection Policy, available on the page Privacy Policy.

11. Force majeure

In the event of the occurrence of an event of force majeure, as defined in Article 1218 of the Civil Code, resulting in a temporary impediment to performance for one of the parties, the respective obligations of the parties will be suspended and neither party will incur any liability as a result.

If the event of force majeure lasts for more than thirty (30) consecutive days, and/or if, as soon as it occurs, it results in a permanent impediment to performance for one of the parties, the party to which the event of force majeure is opposed shall be entitled to terminate these TOS by operation of law.

12. Miscellaneous

12.1 Assignment

The User acknowledges and accepts that CitizenWave can freely assign the present TOS and all rights and obligations attached thereto to any third party, without the User’s prior written consent. The User agrees that such assignment releases CitizenWave for the future.

12.2 Non-renonciation

The fact that CitizenWave does not avail itself of any provision at a given moment cannot be considered as a waiver of the benefit of such provision or of the right to subsequently avail itself of such provision and/or to claim compensation for any breach of such provision.

12.3 Independence

The User acknowledges and agrees that the TOS do not create any subordination, agency, association or joint venture relationship between CitizenWave and the User. CitizenWave and the User each in their own name and for their own account, without being able to bind the other in any way whatsoever.

12.4 Severability

If any provision of the TOS is held to be null or invalid and declared as such pursuant to a law, a regulation or following a final decision of a competent court, such provision shall be deemed to be unwritten, without affecting the validity of the other provisions, and shall be replaced by a valid provision of equivalent effect, which the parties undertake to negotiate in good faith.

12.5 Assistance – Information – Claim

Any request for information, clarification, assistance, any claim related to the Services, the Website and/or the Application should be sent to CitizenWave by e-mail or by post at the address mentioned in the preamble of these TOS.

12.6 Applicable law and jurisdiction clause

These TOS are governed by French law.

In the event of a dispute between the User and CitizenWave that is not settled within one (1) month from the receipt by CitizenWave of a written complaint from the User addressed to CitizenWave under the terms of clause 11. 5 above, each party can bring this dispute before the competent French courts, it being specified that the User can resort to any alternative dispute resolution method and notably to a mediation procedure by accessing the European online dispute resolution platform at the following address: http://ec.europa.eu/odr, which will attempt an amicable resolution.