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This site is published by ANABA SAS. The legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, is provided in the legal notice of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
The site is freely accessible to all Internet users. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Net surfer, of the entirety of the present general conditions, who recognizes by the same fact to have taken full knowledge of it. This acceptance will consist, for the Internet user, in their acceptance during the creation of an account or by validation following their receipt by email the present general conditions.
The Internet user acknowledges the value as proof of the automatic recording systems of the publisher of this site and, unless he or she can prove otherwise, he or she waives the right to contest them in the event of a dispute.
Acceptance of these general conditions implies that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a tutor, curator or legal representative.
ANABA makes available to the user, on its Site, a confidentiality charter specifying all information relating to the use of the user's personal data collected by ANABA and the rights the user has with respect to such personal data. The data privacy policy is part of the GTCU. Acceptance of these GTCU therefore implies acceptance of the data privacy policy.
The services and products offered are those listed in the catalogue published on the site. Each product or service is accompanied by a description drawn up by the site publisher. The photographs of the products in the catalogue reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure a perfect similarity or that the Service may undergo changes.
The assistance service of the present site is accessible by e-mail at the following address: hello@anaba.fr or by post at the address indicated in the legal notice, in which case ANABA undertakes to provide a response within 7 days.
ANABA also provides, at the Client's request and for a fee, support services provided by its Support Department.
4.1 General
ANABA offers the possibility to create an account free of charge for a Third Party wishing to evaluate the Solution.
This Test Account shall be made available for a period of thirty (30) days from commissioning and under the following conditions:
Only one Trial Account may be created and this offer is not renewable;
ANABA may, at the Customer's request, and without being obliged to do so, allow the Customer to use the Trial Account for an additional 30 days;
The Third Party authorized to use a Trial Account acknowledges that the sole purpose of the accessibility of the Software is to allow the Customer to test the Tools before the possible subscription of a paid subscription. In this respect, the Third Party shall refrain from performing any processing or services whatsoever for third parties by using his or her Trial Account;
The Third Party authorized to use a Trial Account must have read and accepted these T&Cs before accessing the Software;
ANABA shall not be held liable in any way whatsoever for the use of the Software on a trial basis. ANABA shall not be liable for any compensation of any kind in the event of malfunction of the Software during the trial period.
ANABA reserves the right to terminate without notice any Trial Account that does not comply with the foregoing or any other provision of these TOU.
In the event that the trial is not followed by Account Subscription, ANABA will delete the Authorized Third Party's Trial Account and associated data within ninety (90) days from the closing of the Trial Account.
4.2 Privilege levels and access to Tools
User Accounts are defined according to their privilege levels. When the Client subscribes to Accounts for Collaborators, they have access to the Tools under the conditions defined by the Administrators.
Administrators have access to all Contributor Content.
By default, the Account set up by ANABA is an Account for the Creator, which has all the privileges granted by the Administrator status.
5.1. Prices applicable to the Software Offer
The applicable Prices are indicated on the websitehttps://anaba.fr/ or communicated by any means of ANABA's choice to the Client, at the Client's request, prior to Subscription.
Prices may differ depending on the number of Users, the Tools chosen, the applicable currencies and the possible application of taxes.
The Tools chosen by the Customer at the start of the Subscription will be binding on the Customer throughout the Term.
During the Term, the Customer may increase the number of Tools and Users, but in no event may the Customer exchange one Tool for another, or decrease the number of Tools or Users.
ANABA reserves the right to make promotional offers that may differ from the pricing policy communicated to the Client.
5.2. Payment
The total price due for the Subscription is payable in advance, at the beginning of the subscription or renewed period. The Customer shall make payments by direct debit from the credit card number communicated by the Customer. Exceptionally, ANABA may accept, without being obliged to do so, payment by bank transfer.
The Customer may opt for the monthly payment of his subscription, granted by ANABA under the following conditions:
The customer can choose to commit for 12 months and benefit from a price advantage advertised on the ANABA website. The Client then pays the total amount due upon passage as a paid subscription.
The Client guarantees that he has the funds and the necessary authorisations to use the chosen payment method. The Customer undertakes to keep active the means of payment (bank account, bank card) associated with his or her anaba account, particularly in the case of direct debit, and to inform ANABA sufficiently in advance of any change in bank details to enable it to take account of the changes and to continue the direct debits.
In the event of late payment, the Customer will be subject to a lump sum of forty (20) euros. Any delay in payment shall give rise to the payment of interest by the Client on the outstanding amount due on the due date.
The interest rate corresponds to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by ten (10) percentage points.
The Client shall reimburse ANABA for all costs (including any attorney's fees) associated with the collection of payments not honoured by the Client.
ANABA reserves the right, in the event of non-payment by the Client of one of its invoices, to suspend access to the Software until payment is received in full.
5.3. Invoices
Invoices are only issued electronically, which the Customer expressly accepts. The list of invoices is available online to the Client from a link communicated to him by ANABA by e-mail. The Client undertakes not to disseminate this link, which it may activate or deactivate under its own responsibility.
The Client undertakes to inform ANABA of any change in its postal and bank address or any other information necessary for payment.
Any dispute concerning an invoice must be expressed in a letter or e-mail sent with acknowledgement of receipt within fifteen (15) days from the date of the invoice (or pro forma invoice).
In the absence of such a letter or e-mail, the Customer will be deemed to have accepted the invoice.
5.4. Changes to the Pricing Policy
ANABA reserves the right to update its pricing policy at any time subject to the following stipulations:
The Prices applicable to Customers when creating their Account are guaranteed until the renewal of the Term: the new Price policy will only apply to the renewal of the subscription.
The Customer remains free not to renew the Subscription if he does not accept the new rates.
ANABA grants the Client and Users on behalf of the Client a non-exclusive right to access and use the Software in accordance with the TOS.
ANABA undertakes to exercise prudence and diligence in the provision of a quality service, in accordance with customary practice and the rules of the trade. ANABA will endeavour to provide permanent access to the Tools, 24 hours a day and every day, except in the event of suspension or scheduled maintenance as referred to in Article 9.1.1 of the GTCU, or in the event of Force Majeure, as defined in Article 12.5 of the GTCU.
With respect to the obligations associated with the Client's Content, ANABA undertakes to :
7.1. Access to the Tools by Users
Users must use the Software in accordance with the TOS. They agree to be bound by them throughout the Term.
The Client has a personal right to use the Software under the conditions provided for at the time of Subscription, and undertakes to inform ANABA immediately if the number of Users provided for in the contract is exceeded.
The Customer shall ensure that Users comply with the Terms and Conditions of Use.
To access the Software, Users must have access to a terminal connected to the Internet. All costs necessary for the equipment and connection of Users to the Internet and for their access to and use of the Tools are the sole responsibility of the Client on whose behalf the Tools are used.
ANABA recommends that the Client subscribe to the paid Software configuration services provided by its Consulting, Deployment, Training and Integration Service. Otherwise, Users will configure the Tools they have chosen under their sole responsibility, and will verify their compatibility with their terminals.
7.2. Use of the Software
To use the Software, the Customer agrees to :
In the event of a breach of the foregoing, ANABA reserves the right to immediately suspend access to the Customer's Accounts without compensation, in addition to implementing the provisions of Article 8.2.2 (Termination for Fault) of these GCPU.
7.3. Content belonging to the Customer and accessible via the Software
The Customer is fully and solely responsible for the Content downloaded, stored or put online by Users via the Software. Users are informed that the use of the Tools does not exempt them from making backup copies.
The Client grants ANABA the right to use User Content to operate the Software, to ensure its security, and for purposes of supporting and storing its Content.
The Client agrees that ANABA has no control over its Content, and undertakes to comply with all legal and regulatory requirements, in particular those related to Personal Data.
The Customer undertakes to respect and to ensure that Users respect the rights of third parties, including personality rights, intellectual or industrial property rights such as copyright, patent rights, drawings and trademarks.
The Customer is responsible for the Contents stored by its own customers to whom it will have given access to the Software.
7.4. Payment
The Customer undertakes to make payments to ANABA in accordance with Article #5 of the GTCU.
7.5. Recovery of the Content by the Customer at the end of the Subscription
The Client is informed that ANABA does not retain Client Content indefinitely. The Client therefore undertakes to export its own data from the Tools at the end of the Term or termination, regardless of the cause.
To this end, the Customer undertakes to notify Users in sufficient time, and by any means, that they must download their data from the Tools.
Failing that, the Customer may request from ANABA a new access to the Software to retrieve its Content within a ninety (90) day limit, under the conditions of Article 8.3.1 (Access to the Software and data retrieval by the Customer) of these GCVU.
8.1. Duration
All contracts are automatically renewed by tacit agreement.
The client may terminate the Subscription by informing ANABA by any written means that provides proof of receipt.
8.2. Termination
8.2.1 General
The Parties undertake to execute all the provisions of these GTCU until their term. In the event that the Customer wishes to terminate its commitment before the end of the term, it acknowledges that it must nevertheless perform all of its obligations and pay the agreed price. No refund or credit can be made for partial use of the Software.
8.2.2 Termination for misconduct
In the event of a breach by one of the Parties of any of its obligations under the GCVU, which is not remedied within thirty (30) calendar days from receipt of a formal notice by registered letter with acknowledgement of receipt, the other Party may terminate the Subscription.
In particular,
The defaulting Party shall be notified of the termination by registered letter with acknowledgement of receipt.
8.3. Data recovery at the end of the Duration
8.3.1 Customer access to the Software and data recovery
Notwithstanding the provisions of Article 7.5 of these TOS, the Customer may, within ninety (90) days following the end of the Term, for any reason whatsoever, make a request to ANABA to allow Users to access the Account.
Access to the Account is open for a period of thirty (30) days, under the conditions of access to a Trial Account (Trial) to consult and export the following Content items, in a structured format, commonly used and readable by any terminal (CSV).
8.3.2 Restitution of Content by ANABA
The Customer may, within ninety (90) days following the end of the Term, for any reason whatsoever, request from ANABA, for a fee, a copy of its Content, which ANABA will return to it in a structured format, commonly used and readable by any terminal.
Insofar as the Client's request relates to unforeseen elements requiring the implementation of complex recovery processes by ANABA, all costs for the recovery of the elements listed below, external support and secure shipment will be quoted and borne by the Client.
To the extent that such recovery is technically possible, these elements and information are as follows:
ANABA will delete from its servers the Clients' Content one (1) year after the end of their subscription, except for any Content whose longer retention would be required by law or legitimate reason.
9.1 Responsibilities and guarantees of ANABA
9.1.1 General
ANABA provides the Tools and Services under an obligation of means.
ANABA does not warrant that the Tools will operate without interruption or malfunction, or that they will be free from defects or correctable errors, or that they are compatible with equipment or configurations other than those expressly approved by ANABA.
ANABA reserves the right to interrupt access to the Tools at any time and temporarily:
ANABA shall not be held liable for any compensation in the event of temporary interruption of access to the Tools under the conditions recalled above.
The Services provided by ANABA as part of support services (deployment, configuration, integration, etc.) can never replace the administrative and management functions and obligations of the Clients. Subject to Subscription to the Services concerned, ANABA's assistance is given only for the use of the Tools, never for the organization or management of the Clients' activities.
In the absence of Subscription to the accompanying services (Services), Customers may consult the Frequently Asked Questions accessible from the Site.
ANABA does not guarantee that Subscription to the Tools and/or Services will improve the performance of the Client's business.
This clause is essential for ANABA and is part of the Parties' agreement.
Under no circumstances shall ANABA be directly or indirectly liable for any damage caused to Clients, Users or any third party due to their fault. ANABA reserves the right to stop marketing a Tool without compensation and after two (2) months' notice, and to upgrade the functionality of the Software at its sole discretion.
9.1.2 Hosting and storage of Customer Content
The Client's data is hosted on ANABA's dedicated and secure platform in a data center located in Paris, France. ANABA's servers are managed by a web hosting professional: Mongo DB relying on Amazon Web Services infrastructures. Customer Content, whether stored, uploaded or downloaded by Users, is backed up on dedicated external servers owned by ANABA. Customer Content is stored on ANABA's servers for one (1) year after the end of the subscription, except for any Content whose longer retention is required by law or regulation.
ANABA allows access to the Software and the Contents only to persons specifically authorized by ANABA and the Client.
ANABA implements the technical measures and means necessary to ensure the security of connections, Client Content and Personal Data.
9.2 Limitation of ANABA's Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANABA'S SERVICES (IN PARTICULAR FOR TOOLS OFFERED FREE OF CHARGE) ARE PROVIDED AND LICENSED AS IS. ANABA DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Whatever the cause, ANABA's aggregate aggregate liability shall never exceed the amount of the sums actually received from a Client by ANABA in remuneration of its subscription for the Term.
However, this limit of liability does not apply to liability arising from :
ANABA shall be liable only for the damage caused directly and exclusively by ANABA, without any joint and several liability or in solidum with the third parties having contributed to the damage.
9.3 Customer's liability and guarantee
9.3.1 Access and use of the Software
The Customer acknowledges that the Tools constitute a particularly complex platform, especially in terms of IT technology. anaba uses state-of-the-art processes and techniques. However, in the current state of knowledge, tests and experiences cannot cover all possible uses. The Customer therefore undertakes to bear the risk of unsuitability or unavailability of the Tools.
The Client acts as an independent entity and, as a result, assumes all risks of its activity. He is solely responsible for the Subscription, the Contents and the files transmitted, distributed or collected, as well as their operation and updating.
The Customer is responsible for :
9.3.2 Customer and User Equipment
ANABA may recommend to the Client technical prerequisites or certain configurations for using the Software. The Client and Users are responsible for following up on such technical prerequisites or recommendations.
The Customer and Users are solely responsible for their connection to the Internet and all related costs.
The Tools can be accessed by means of software downloaded to the Clients' and Users' terminals.
The Client and Users agree that ANABA may automatically update such software, and the TOS will apply to such updates.
The Client and Users declare that they understand that ANABA cannot be held liable in the event of interruption of the Internet, viruses affecting their data and/or software, possible misuse of Account passwords and, more generally, for any damage caused by third parties.
The Customer is solely responsible for the use and implementation of means of security, protection and backup of its equipment, Content and software.
As such, it undertakes to take all appropriate measures to protect its Content. The User undertakes not to commit any act that could jeopardize the security of the software platform.
9.3.3 Customer guarantees
The Client indemnifies ANABA, and its affiliates and subsidiaries, their officers, directors, employees, agents, against any claim or demand, including reasonable attorneys' fees, made by any third party due to their violation of the TOS, their misuse of the Tools (including by Users) or their violation of any law or the rights of a third party.
The Customer acknowledges using the Software in compliance with the laws and regulations in force. Should ANABA be held jointly and severally liable in any administrative or legal proceedings as a result of the improper use of the Software by the Client and/or Users, the Client undertakes to indemnify ANABA up to the full amount of any sums that may be claimed from it.
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to
The User acknowledges being aware of this practice and authorizes ANABA to use it. ANABA undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition. The User may refuse the registration of "Cookies" or configure his/her browser to be warned before accepting "Cookies". To do so, the User will proceed to the configuration of his browser:
12.1 Non-solicitation of personnel
The Client undertakes not to hire or solicit the hiring or services (in any form whatsoever), for itself or for a third party, directly or indirectly, of any employee of ANABA (i.e., any person employed by ANABA on the day of the conclusion of the Subscription, or who would enter into an employment contract with ANABA during the Term) or to induce any of ANABA's employees to cease the functions that he or she is or will be performing within ANABA.
This obligation shall end twelve (12) months after the termination of the Subscription for any reason whatsoever.
In the event of failure to comply with this article, the Client undertakes to pay ANABA, as a penalty clause, a sum equal to twelve (12) months of the monthly salary (after deduction of employer and employee social security contributions) paid by ANABA to the employee concerned on the date on which the failure to comply with the obligation would be observed.
This penalty will be due for each ANABA employee who is hired by the Client or whose services are solicited by the Client in any form whatsoever. In accordance with Article 1228 of the Civil Code, ANABA may pursue the forced execution of this obligation instead of claiming payment of this penalty clause.
12.2 Confidentiality
Confidential Information" is, without this list being exhaustive, all information and data communicated by a Party to the other Party, in the context of the execution of the Subscription, in writing and/or orally, in the form of, in particular, graphs, drawings, plans, reports, customer lists, price lists, results, minutes of meetings, instructions and other elements of any form whatsoever.
Each Party undertakes in its own name (and in the name and on behalf of its corporate officers, employees and subcontractors) to keep Confidential Information strictly confidential, using the same means and procedures as those used for its own confidential information.
This obligation of confidentiality does not cover Confidential Information:
that is in the public domain on the date of its communication or that has fallen into the public domain after that date (without this being in breach of the TOS) that has been communicated to a Party on a non-confidential basis by a source other than the other Party, provided that this is not in breach of a confidentiality agreement or the TOS; and that a legislative or regulatory provision or a decision of a court or any other authority would require disclosure.
12.3 No right of withdrawal
In accordance with the French Consumer Code, the right of withdrawal is not applicable to services provided by ANABA, which are exclusively intended for Professional Clients and necessarily fall within their main field of activity, whether commercial, industrial, craft, liberal or agricultural, including when they are acting in the name or on behalf of another professional.
12.4 Contact
For any request, Clients and Users may write to ANABA, 35B Avenue Saint-Maurice de Sauret 34000 Montpellier (France).
Clients and Users may report abuse, harassment, inappropriate content, privacy complaints or, more generally, any violation of the law by a third party by sending a notification to ANABA with the following information:
12.5 Force Majeure
Neither party shall be liable for any defect or delay in performance caused by an element constituting Force Majeure, pursuant to Article 1218 of the Civil Code, such as but not limited to: fire, flood, natural disasters, earthquake, stoppage of Internet connections by the access provider, cyber-attacks, strikes, lock-outs.
In such a case, the obligations of the Parties shall be suspended from the moment one of the Parties notifies the other Party of this exonerating cause, until it ceases to exist.
To the extent that such circumstances would continue for a period of more than fifteen (15) days, the Parties agree to enter into discussions with a view to amending the terms of their respective commitments.
If no agreement or alternative is possible, these commitments may then be terminated without damages, by simple written notification by registered letter with acknowledgement of receipt, without compensation or notice.
12.6 Severability, Waiver, Invalidity
The TOS and the Privacy Policy constitute the entire agreement between the Clients and ANABA regarding the Subscription.
No waiver by ANABA of any of its obligations shall be deemed or construed to be a waiver of its benefit. If one or more stipulations of the GTCU are declared invalid, the others shall retain their full force and scope.
In this case, the Parties shall, if possible, replace this cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of the GTCU.
12.7 Relationship between the Parties
Under no circumstances may the GCVU be considered as establishing between the Parties a de facto company or a joint venture or any other situation leading between them to any reciprocal representation or solidarity with respect to third parties. The GTCU shall not generate any subordination relationship between the Parties, which shall retain their full and complete autonomy in relation to each other.
12.8 Intuitu personae
It is strictly forbidden for Customers and Users to assign all or part of their rights and obligations under the Terms and Conditions of Use.
12.9 Ethics and sustainable development
The Parties declare that they respect the principles upheld by the International Labour Organisation and their existing labour legislation, that they participate in the prevention of risks to occupational safety and, more generally, that they comply with existing legislation on the health and safety of workers, adhere to the principles of environmental protection and control the consequences of their activities on the environment and participate in the fight against corruption.
12.10 Inaccuracies
It may be possible that inaccuracies or errors, or information that is at variance with the general terms and conditions, the legal notices or the personal data charter may be found throughout the website and the services offered, and to a limited extent. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on related services (social networks, etc.). We make every effort to ensure that such discrepancies are corrected. In the event that such a situation should escape us, please contact us by post or e-mail at the addresses indicated in the site's legal notice with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.
The present general conditions are subject to the application of French law. They may be modified at any time by the site publisher or his representative. The general terms and conditions applicable to the user are those in force on the day of his subscription to a service on this site. The site publisher undertakes to keep the old versions of these general conditions in the event of changes and to send them to any User who requests them.
The effective date of the GTCU is: 11 December 2019. In the event that a translated version of the GTCU conflicts with the French version, the French version will prevail.
WITHIN THE LIMITS PROVIDED FOR BY THE LAW IN FORCE, ANY DISPUTE AS TO ITS VALIDITY, INTERPRETATION OR EXECUTION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE HEAD OFFICE OF ANABA, INCLUDING IN THE EVENT OF A CALL FOR GUARANTEE OR MULTIPLE DEFENDANTS.
All rights reserved - 11 December 2019
