General Terms and Conditions of Use for Business Users

Previous Article : Definitions

By “Gibbox”: we mean the company Gibbox, SAS with capital of 10 000 euros, 26 chemin des Haies, 44120 VERTOU, Siret 834 675 506.

By “Site”: we mean the set formed by the Site “gibbox.com”. The gibbox.com Sites and my.gibbox.com are the exclusive property of the company Gibbox. The gibbox.com Sites and my.gibbox.com are web platforms.

By “User” means any legal entity visiting or using the Site in a professional capacity.

By “Application” means the mobile tool named “Gibbox” to access the Services.

By “Terminals”: means all tools allowing access to the Site and Services, such as mobile phones, smartphones, computers and digital tablets.

By “Gibbox account”: we mean the account created by the User on the Site in order to have access to advanced free features (backup plans, etc …) and expensive functions (virtual vision, etc …).

By “Services”: we mean the various free or paid features offered on the Site including the creation of virtual spaces via the tool made available on the Site or from the data communicated or drawn by the User with a 2D or 3D visualization, the possibility to take virtual photographs, virtual tours or 360 °.

“Credits” means the unit of exchange required by Gibbox for the payment of each service. Credit can be purchased from Gibbox.

ARTICLE 1 : General

Gibbox is a company specialized in providing 3D digital modeling services in the field of real estate.

These Terms of Use (GTC) are intended to define the terms and conditions of use of the services offered by the company Gibbox via its Website www.gibbox.com and via the Application my.gibbox. com.

These Terms apply exclusively to all services offered on the Site and the Application. Visiting the Site or using the features offered on the Site and the Application implies the full and unreserved consent of the User to these Terms.

Any contrary condition opposed by the User will be, in the absence of express acceptance, unenforceable against Gibbox, regardless of when it may have been brought to its attention.

In addition, the User confirms having read and understood all the Terms of Use before using the Services and agrees to respect them. In case of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the Services offered by the Site and the Application.

The fact that Gibbox does not avail itself of any of these Terms can not be interpreted as waiving the right to invoke any of these conditions at a later date.

The drawings, illustrations, photographs and more generally any representation of the Services on the Site have a purely figurative and non-contractual value

ARTICLE 2 : Description of the proposed Services

2.1 Free interface

Any User can freely browse the public pages of the Site.

The Site is free to access.

The free pane only provides access to the 2D blueprint creation interface as well as the primary 3D visualization.

To save the plans made from the free interface on the Site, it is first necessary to create a Gibbox Account under the conditions defined in article 3.

The Gibbox Account is backed up for 10 years.

The free interface allows the user only the design of a 2D plan and its reduced visualization in 3D in resolution 480×270 pixels, watermarked.

2.2 Paid Features

To access Advanced Services, any User must register in advance by creating an Account on the Site under the conditions defined in Article 3.

Gibbox proposes the provision of 2D and 3D interfaces more powerful in order to be able to generate visuals with a resolution 1920×1080 pixels (Full HD) and 3840×2160 pixels (Ultra HD)

These services include:

  • editing high definition virtual photographs of created plans,
  • 360-degree virtual tours and real-time visits by downloading a specific application,
  • the future possibility of importing images from an “image bank”.
  • 2d plan / 3d plan / FHD inner perspective
  • 2d plan / 3d plan / UHD inner perspective
  • Panoramic 360 ° view
  • Before / After module
  • Real-time visit soon available

The User can also entrust Gibbox with the task of creating virtual plans and layouts from a PDF document such as an architect’s plan.

        

  • Creating a plan by Gibbox
  • Formula 3d including the creation of the plan, 2 shots 3d FHD, 1 perspective FHD of the piece of life
  • Formula before / after including the creation of the plan, 2 plans 3d FHD, 1 perspective FHD of the piece of life, a module before / after
  • Virtual Reality Form including the creation of the plan, 2 shots 3D FHD, 1 perspective FHD of the living room, a panoramic virtual tour of the complete housing
  • Real-time formula including the creation of the plan, 2 shots 3D FHD, 1 perspective FHD of the living room, a real-time visit of the complete housing (currently not available)

2.3 Customer request not compatible with Gibbox application

Gibbox reserves the right to refuse an order if Gibbox deems that the features of the application can not adequately reflect customer expectations.

Article 3 : Creating the Gibbox Account

Gibbox provides Users with an account for free and for an indefinite period subject to the conditions defined in article 3.1 and compliance with these general conditions of use. He may delete his Account at any time under the conditions defined in article 9.1.

3.1 To be a User of the Site, the User must:

  • To be regularly registered in accordance with the rules of the territory in which it is located.
  • Use the Site for business purposes.
  • To have its seat on the territory of the European community.
  • To have read and accepted these Terms of Use.

3.2 A User wishing to access the advanced features offered on the Site must create an Account.

He / she must complete the registration form, some fields of which are mandatory (mention of an asterisk). He undertakes to complete the form in good faith by providing accurate information and undertakes to keep his information up-to-date. The User undertakes not to conceal his true identity. It is reminded that the registration and use of the features of the Site of a legal person can only be carried out by a duly authorized person to commit it, otherwise Gibbox will not be able to be held liable for this. title. Gibbox does not have the technical ability to exercise control over the real identity of people creating Gibbox Accounts, the User is deemed to register as a professional and can not avail of the provisions of the Consumer Code. / p>

Before finalizing its registration on the Site, the User agrees to read these Terms and to respect them. The commitment is effective by ticking the box “I declare to have read and accepted the present general conditions of use” located at the end of the general conditions of use. In the absence of acceptance, the User can not finalize the creation of his Account.

The User must at the end of the registration form, fill in his email address in the “login” area and create a password.

The email address must be valid and accessible by the User. In any case, Gibbox can not be held responsible for the temporary or permanent impossibility of the User to access his email address.

Gibbox is not required to verify the reality of the information specified by the User and does not have the technical and / or legal means to do so.

3.3 The User agrees to make every effort to keep his access code secret and not to disclose it to third parties in any form whatsoever. that is.

It is agreed that the online communication of identifiers is proof of the identity of the User and has the value of an electronic signature within the meaning of the Civil Code, the identifiers being personal, individual, confidential and non-transferable. In general, the User is entirely responsible for the use of the identifiers concerning him and he is responsible for keeping his password. He will ensure that no other unauthorized person has access to his Account.

The User agrees to immediately inform Gibbox of any unauthorized use of his identifiers and / or any breach of security of his account.

He agrees to contact the customer service of Gibbox whose contact details appear on the Site without delay in case of fraudulent use of his Account.

Article 4 : Site Usage Policy

In the context of the use of the Site, the User agrees:

  • To be honest and sincere in the use of the Site.
  • To respect the rights of others, especially intellectual and industrial property rights.
  • To respect the rights and regulations in force.
  • Not to exploit concepts, plans or documents of which he would not have the rights.
  • Not to download, disseminate viruses, other malicious code or other technologies that could harm the Site and more generally any action likely to undermine the integrity of the Site or the Application.
  • Not to undermine the Site and more generally, the rights of Gibbox.
  • To use the Site or its services for a purpose and / or in conditions contrary to the regulations in force and to these general conditions of use.

Failure to comply with the conditions specified above, Gibbox may suspend or terminate the Account of the User, in accordance with Article 9.2 of these general conditions of use, without prejudice to any other remedy. / p>

Article 5 : Access to Services

5.1 Prerequisites

It is up to the User to check that he has the equipment to access the Site and the Services, Gibbox will in no way be responsible for the selected equipment under the responsibility of the User who is also responsible security and protection of its equipment.

The User must at least have access to high-speed Internet and a Terminal to connect to the Internet. Obsolete internet browsers and legacy Terminals that do not allow recent internet technologies to work may not turn the App or slow down its use.

Any use of the Services implies that the User acknowledges the conformity of its equipment with the technical requirements.

Equipment and access to the Internet remain the sole responsibility of the User.

5.2 Continuity of Service

Gibbox is bound by an obligation of means in the context of the Services it offers. Gibbox is committed to implementing all means necessary to ensure the best delivery of its Services.

The Services are accessible 24 hours a day, 7 days a week, except in the case of force majeure or the occurrence of an event beyond the control of Gibbox and subject to possible breakdowns and maintenance of the server. Gibbox reserves the right to interrupt access to the server to perform a maintenance or improvement technical intervention to ensure the proper functioning of the Site and its Services.

Gibbox can not guarantee the continued availability of the Site and its Services. As such, the User can not claim to Gibbox any compensation in case of unavailability of the Site and / or its Services.

Gibbox reserves the right to make any modifications and improvements to the Services that it deems necessary or useful, without obligation to notify the User in advance and without these modifications being able to generate a right to any compensation. .

All Users declare to be aware of the unreliability of the Internet, especially:

     

  • On security in data transmission,
  • On the obligation to protect one’s hardware or computer network with a regularly updated anti-virus,
  • On unsecured performance in terms of volume and speed of data transmission,
  • The fact that the continuity of access to the service is not guaranteed.

The Services may be occasionally suspended due to maintenance required for the proper functioning of the Site.

In general, Gibbox would not be held responsible for any malfunction of the Site due to maintenance, technical problems, the inability to access the Site and the hosting server failures.

5.3 Warnings

The User declares to accept the characteristics and the limits of the Internet, and in particular to recognize that:

     

  • Its use of the Site is at its own risk and under its full responsibility, the Site is accessible in the state and according to its availability. Any express or implied warranty of satisfactory quality, fitness for a particular purpose or peaceful enjoyment, relative to the Site is expressly excluded within the scope of these
  • Any material, document, file downloaded by the User or obtained in any other way when using the Site and its services, is at his own risk, the User is responsible for any damage suffered by its personal
    equipment (computer, tablet, software …) or any loss of data resulting from the downloading of this material or the use of the Site. It is therefore his responsibility to take all appropriate measures to protect his own
    data and / or software from contamination by possible viruses circulating through the Internet, the Site and its services
  • The User is aware of the nature of the Internet, in particular its technical performance and the response time to consult, query or transfer data
  • The User is aware that data circulating on the Internet can be regulated in terms of use and be protected by an intellectual property right.

It is the User’s responsibility to backup and archive data and computerized processes to ensure their preservation, inviolability and subsequent reading. In general, the User must take all necessary measures to ensure the protection and preservation of his data. Gibbox can not be held responsible for any accidental destruction or loss of data, documents of the User. It is up to the User to save his data (documents, files, etc.) by his own means on any viable medium or to print them.

5.4 Support

In case of difficulty of navigation on the Site or the Application or any other problem on the supply of the Service, the User is invited to contact Gibbox customer service by sending an email to the following address: < a href = "mailto: contact@gibbox.com"> contact@gibbox.com

Article 6 : Order on the site

Users wishing to access “paid” features described on the Site and the Application must order Credits from Gibbox.

The order process is the one on the Site.

Article 7 : Financial Conditions / Terms of Acquisition of Credits

7.1 Definition of Credits / Financial Conditions

A Credit constitutes a unit of exchange to be able to access the “paying” Services offered by Gibbox. The User may acquire Credits from Gibbox, under the conditions defined in article 7.2.1 of these Terms of Use.

A Credit is the consideration requested by Gibbox for the User to use the “paid” features. Each feature corresponds to a Credits value. The payment of expensive services offered by Gibbox is done systematically by the use of “Credits”.

The price in terms of Credits for each Service is the one appearing on the Site on the day of the order of the Service.

Credits remain assigned to a Gibbox Account until they are used. Unused credits carry no interest or refund rights.

Credits can only be used on the Site.

The awards are divided into two categories:

  • The price of the Services is expressed in the number of Credits defined, specified on the Site and on the Application.
  • The price of the credits is expressed in euros, excluding taxes according to the tariff appearing on the Site and the Application.

7.2 Obtaining Credits

7.2.1 Purchasing Credits

The acquisition of Credits is done by the subscription of Credits packs proposed on the Site or in a personalized way.

For this, it operates on the selection of the Credits package and proceeds to its payment. Payments are made online The User will pay his order using the PAYZEN secure online payment solution.

The Price warrants to the User is the one appearing on the Site at the time of the order. The price is firm and definitive. All taxes, fees, fees payable under applicable laws and regulations will be borne by the User. Payment of the entire price is done upon order.

Purchases of Credits are deemed to be made in France and subject to French law.

No other means of payment are accepted except with the express written agreement of Gibbox.

An invoice will be sent for the purchase of Credits at the time of confirmation of the order.

The User’s Gibbox Account will be credited with the number of credits following the subscribed pack.

For any difficulty, the User may contact the Gibbox customer service under the following link: contact@gibbox.com

As part of the payment to the PAYZEN Provider, the User agrees to comply with the terms and conditions of use of the Provider.

7.2.2 Sponsorship

The User with a Gibbox Account can sponsor to subscribe to an offer on the Site. This sponsorship is done by synchronization of his personal mailbox, he must do so, check the email addresses of people he wants Gibbox to contact. By checking the box, the User authorizes Gibbox to have access to his email contacts. His contacts will receive an invitation from Gibbox to join his offers.

The sponsorship allows the Sponsoring User to be credited with five (5) Credits, which can not be combined with other offers, as soon as his / her godchild has created a Gibbox Account and bought 25 credits. It is specified that a godson can only have one sponsor. The offer is valid only if the godson has filled in the correct email address of his godfather when opening his account.

Assuming that Gibbox finds serious irregularities regarding the use by a User of its sponsorship system. It could then take all necessary measures to stop these irregularities, namely the suspension of access to the Site or the deletion of its Account.

7.2.3 Assignment of Intellectual Property Rights

The User may obtain credits by assigning the intellectual property rights he holds on the plan he has drawn using the tool on the Site (the design, layout and creation of the website). plan) or the PDF provided.

The User must first make sure with third parties that he holds all intellectual property rights on these plans, concepts and creations.

By assigning the rights, the User certifies to Gibbox that he holds all the intellectual property rights in the document, the image, the plan and the concept concerned (hereinafter referred to as: the items ceded). The User must tick the box granting this guarantee, otherwise the assignment of rights is not possible.

In order to comply with the requirements of Article L. 131-3 of the French Intellectual Property Code, the rights transferred include:

  • the right to reproduce or reproduce the items assigned and, for software and databases, their evolutions and updates, without limitation in number, in whole or in part, by any means and process, on any supports and all current and future
    materials, known or unknown, and in particular on paper or derivative, plastic, digital, magnetic, electronic or computer, by downloading, videogram, CD-Rom, CD-I, DVD, disk, floppy, network,
  • the right to represent or have the ceded items represented and, for software and databases, their evolutions and updates, by any means of dissemination or communication, current or future, known or unknown, in particular by any Internet telecommunication network
    , such as internet, intranet, digital television network, over-the-air transmission, satellite, cable, wap, interactive telematic system, download, teletransmission, telephone networks
    wired or wireless,
  • the right to adapt, modify, transform, or change, in whole or in part, the transferred items, the right to correct the software, to make them evolve, to make new versions or new developments, to maintain, decompile,
    mix, modify, assemble, transcribe, arrange, scan, cover any configuration, interface with any software, database, computer product, use algorithms for all purposes, transcribe it in whole or in part,
    in any form, modified, amputated, condensed, extended, to integrate all or part to or in existing or future works, and this on any paper or magnetic or optical and including internet, disk, floppy disk, tape, CD-Rom,
    listing,
  • the right to translate or translate the assigned material, in whole or in part, into any language and, for software, into any programming language, and to reproduce the resulting results on any medium, paper, magnetic , optical or electronic
    , and especially on the internet, disk, diskette, tape, CD-Rom, listing,
  • the right to place on the market, distribute, market, distribute the items sold, by any means, including, license, rental and loan, free or expensive,
  • the right to make any use and exploit the items sold, for the purposes of its own activities or for the benefit of third parties, in any capacity whatsoever,
  • the right to assign all or part of the rights assigned, and in particular to consent to any third party any contract of reproduction, distribution, distribution, marketing, manufacture, in whatever form, whatever support and means whether
    it is, for a fee or free,
  • the right to authorize or prohibit any re-use / and / or substantial extraction of the contents of databases.

This assignment does not imply any assignment of the moral right attributes (right to respect of his name, quality and work).

This rights assignment is granted worldwide, and for the full legal term of protection of intellectual and industrial property rights.

In return for the assignment of rights, Gibbox will be liable for a lump sum the amount of which is specified on the Site, paid in the form of Credits.

This assignment is firm and final.

In this case, Gibbox may exploit the items sold six (6) months after their assignment by the User.

The User guarantees that the items sold are not counterfeit. It guarantees that the assignment of the transferred items does not affect the rights of third parties, whatever they may be. The User generally guarantees Gibbox that nothing can prevent the free use of the items sold.

Consequently, the User guarantees Gibbox against any action, claim, claim or opposition on the part of any person invoking an intellectual or industrial property right or an act of competition and / or parasitism to which the assignment would infringe. / p>

7.3 Penalty clause for late / late payment

In the event of late payment, Gibbox may, on the one hand, suspend the execution of all or part of the orders in progress, and on the other hand refuse any new order, without prejudice to any other course of action. / p>

The payment of the price means the actual receipt of this price.

Any invoice totally or partially unpaid at the due date for any reason whatsoever, bears interest, automatically and without prior notice, at an annual rate equal to three times the rate of legal interest, calculated by monthly payment started.

In accordance with art. L441-6 of the Commercial Code, any delay in payment will result, if it seems to the Company, and from the first day of delay:

  • To the application of an interest of delay, calculated on all the sums remaining due, and based on the REFI rate of the European Central Bank increased by 10 points,
  • The application of a lump sum compensation for recovery costs in the amount of 40 euros (European Directive 2011/7 of 16 February 2011, Law 2012-387 of 22 March 2012 and Decree 2012-1115 of 2 October 2012)
  • When the recovery costs incurred exceed the amount of this lump sum compensation, additional compensation will be requested, upon justification.

Late penalties are due without a reminder

Article 8 : Terms of Service

8.1 The services offered by Gibbox are generally performed within 4 working days from the notification of acceptance of the order.

The delay is only indicative.

Any delays may not result in the cancellation or cancellation of the order or any compensation.

In any case, in the event of force majeure or non-compliance by the User of the Terms of Use, Gibbox will be relieved of any obligation of delay.

Gibbox remains the sole judge of the various means necessary to carry out the services ordered by the User.

Gibbox will be able to outsource all or part of its missions.

8.2 Responsibility

Gibbox undertakes to implement all the means necessary for the implementation of the Services that it makes available or provides to the User. Gibbox undertakes to use all the means at its disposal to provide Internet users with access to the Sites and Services, and to remedy, if necessary, as soon as possible, any malfunction or anomaly.

Gibbox undertakes to take out the insurance necessary for the execution of this contract.

None of the parties will be held responsible for the non-performance or delays in performance of an obligation of this contract that would be due to the occurrence of a case of force majeure as usually recognized by case law.

The responsibility of Gibbox can be committed only in case of fault established against him and duly proven.

In the event that Gibbox’s liability is incurred under the Contract, the latter will assume responsibility for the repair of all direct material damage resulting therefrom, excluding consequential damages such as commercial or financial loss, losses customer, damage to the brand image, loss of profits, commercial or financial loss, increased overhead costs, etc. Insofar as Gibbox’s liability would be retained under this Contract, the amount total damages that Gibbox could be required to pay to the User in compensation for the damage suffered can not in any way exceed all direct damages, an overall maximum amount equal to € 500 for the duration of the benefits in question and what the legal basis of the claim and the procedure used to bring it to a conclusion.

The User and his insurer waive any recourse beyond the liability limit referred to above.

Article 9 : Suspension / Termination of Gibbox Account

9.1 Termination by the User

The User who wishes to terminate his Gibbox Account must make the request by email to the following address: contact@gibbox.com . Gibbox will delete this account within 8 business days of the request.

The User who requested the cancellation can not however claim to repay the Credits he still had. Moreover, he can not claim the recovery of intellectual property rights assigned under Article 7.2.3 of these general conditions of use.

Gibbox will delete all User data once the account is terminated by it. In case of termination at the request of the User, the latter must perform any useful steps to recover his data before the day of termination of his Gibbox Account.

9.2 Suspension and termination at Gibbox’s initiative

The Gibbox reserves the right to suspend the Gibbox Account or to terminate it at any time, without notice and without any right to compensation, in case, without this list being exhaustive:

  • Non-compliance by the User with these Terms and especially the rules of use defined in Article 2.4. above,
  • Fraudulent use or gross abuse of the Gibbox Account,
  • Not logging in to the Gibbox Account for 12 months,
  • Serious and repeated violation of the intellectual property rights of a third party or Gibbox,
  • Hostile action against Gibbox and its Users (especially in case of computer attack),

In case of termination on the initiative of Gibbox, the User will be notified by email that he will have a period of fifteen (15) days to recover his data. At the end of this period, Gibbox will delete the data relating to the User. The User who has been terminated can not however claim the refund of the Credits he still had. It can not also claim the recovery of intellectual property rights assigned under Article 6.1.3 of these general conditions of use.

Article 10 : Consequence of Termination

In all cases of termination, the balance of Credits remaining on the day of termination will be permanently lost, without possible refund for the User. Similarly, the data saved by the User on the Gibbox Account will be deleted. All the fruits of the services and all the acquisitions of intellectual property rights will remain acquired with Gibbox and will not be consequently removed.

Article 11 : Intellectual Property

11.1 Intellectual property of information provided by the User

As part of the services entrusted to Gibbox, the User authorizes Gibbox to use the data he transmits for the processing of his order.

As part of the performance of its services, Gibbox may be required to communicate this data to its partners (and especially its subcontractors).

The User declares to hold all the intellectual property rights on all the elements that it is likely to transmit to Gibbox for the realization of the services.

In particular, it undertakes to verify the absence of intellectual property rights other than its own on the elements transmitted and that the exploitation of these data does not infringe the rights of a third party in particular, does not violate any contractual commitment.

If the User only has a right of exploitation, the User agrees to provide a proof of his right of exploitation as well as the explicit authorization of the rights holder for the intervention of Gibbox.

The User remains the owner of his rights to the extent that he has not ceded them in the context of Article 7.2 of these general conditions of use.

11.2 Intellectual property of Gibbox productions

Gibbox is the sole owner of intellectual property rights in all of his works.

The works of Gibbox include: 3D realizations, visits, points of view, any achievement leading to the creation of all visuals obtained through Gibbox services, including 3D or 2D visualization, but also the methods, techniques, know-how, tests and drafts used in the design of the visual and software and computer sites made available to the User.

The creations made by Gibbox specifically for the User, in execution of the order will remain the property of Gibbox.

11.3 Site and Application Ownership

Any total or partial reproduction of the Site and the Application is strictly prohibited, as well as all elements contained on the Site and the Application. Any reproduction or use of the elements of the Site and the Application would constitute a violation of the regulations on intellectual and industrial property.

Gibbox reserves the right to take legal action against anyone who violates its rights and these TOS.

Article 12 : Charter of personal data

12.1 Security and privacy of data

The data and information collected by Gibbox is hosted by its Service Provider, in Secure Datacenters (Amazon AWS). Gibbox and the Service Provider undertake to take all the technical measures necessary to protect the data and information of the User.

However, Gibbox does not guarantee the integrity, authentication and confidentiality of information, data of any kind that the User broadcasts, exchange on the Internet. It is up to the User to be particularly vigilant, protecting its terminals with appropriate security software.

The User recognizes that the security systems put in place for the protection of information, data of any kind exchanged on the Internet are not infallible.

Gibbox can not be held responsible for the intrusion of a third party, the violation by a third party of information or data disseminated by the User via the Internet.

12.2 Processing of personal data

All personal data transmitted by the User physical person in connection with the use of the Services are collected legally and fairly. This data is necessary in particular to allow the User to access the Services available on the Site, to process the information and to execute the User’s orders.

Each user accepts the use of his data by Gibbox and partners (especially in the framework of a subcontracting).

Gibbox transmits all or part of the personal data of Users to its Partners, in strict compliance with the provisions of Law No. 78-17 of 6 January 1978. Any use of personal data for commercial purposes, will be subject an individual, prior and explicit consent of the User formalized by an agreement (checkbox) of the User at the time of his authentication via the login portal.

Users who wish to access Gibbox commercial offers must check the corresponding box at the end of the Gibbox Account registration form. By checking the box, the User expresses his consent to receive by e-mail, the commercial offers of Gibbox. He may freely reconsider his decision by changing his choice in his Account.

Similarly, if the User wishes to receive information from Gibbox by means of newsletters, he must check the corresponding box.

In application of the law n ° 78-17 of January 6th, 1978, it is reminded that every User has a right of access, rectification, erasure, limitation, portability and opposition personal data about him processed via the Site, as well as the right to oppose the communication of such data to third parties. This right must be exercised in writing at the establishment at the following coordinates:

  • Email address
  • Mail address

Gibbox will inform its partners of any opposition from the User in case of data transmission.

Gibbox has made a declaration to the Commission Nationale Informatique et Libertés, under the number 2158773.

12.2 Cookies

A cookie is a small data file copied to the hard disk of the User’s terminal. Cookies can be installed automatically on the browser software. Cookies are used to automatically authenticate the User on the authentication portal and information relating to navigation (such as the pages visited or the dates and times of consultation), which can be read during your visits Services.

The cookies set up are:

  • Session Cookies
  • Automatic reconnection cookies if the User has communicated his email address on the login portal.

The User may refuse or selectively accept the installation of cookies by configuring his Internet browser used from his Terminal. Access to certain offers and sections offered by the Services may be altered or impossible.

The User can restrict the use of cookies by changing the setting of his browser:

In Internet Explorer: the User must click on Tools at the top of the browser window and select Internet Options. In the options window, click on the Privacy tab. To enable cookies, the User must place the cursor on Average or on a lower parameter. To disable cookies, place the cursor at the top to block all cookies.

In Firefox: the User must click Tools in the browser menu and select Options, then select the Privacy pane. In order for the User to activate cookies, he must check the Accept cookies on the Site. To disable them, he must deselect the Accept cookies from the Site.

In Chrome: the user must click on the wrench icon on the browser toolbar and select the Settings option. Click on Show Advanced Settings. In the Privacy section, the User must click on the Content Settings button. To enable cookies, select Allow local data storage in the Cookies section. Proprietary cookies and third-party cookies are then allowed. To accept only proprietary cookies, the User must block all third-party cookies without exception. To disable cookies, you must select Prohibit all sites from storing data in the Cookies section.

In Safari: go to Preferences, then click on Privacy. In the Block cookies section, the User must indicate if Safari must accept cookies from the Site and under what circumstances.

For other browsers and mobile devices, the User who wants to restrict the use of cookies for another browser or on a mobile device, must go to the official Web page of the browser or the manufacturer of the device or consult the documentation provided, and follow the instructions.

Article 13 : Evidence

Computerized records stored in Gibbox’s computer systems under reasonable security conditions will be considered as proof of communication, orders and payments between the parties. The filing of orders and invoices is done on a reliable and durable support that can be produced as evidence.

Article 14 : Modification of Terms

Gibbox reserves the right to modify, update, rectify, freely and at any time these TOS in order to take into account legislative, regulatory or jurisprudential developments.

Any changes will be directly applicable to Users upon notification of the updated general terms of use.

Article 15 : Applicable Law and Jurisdiction

Except for the application of police laws, the present UGC are exclusively subject to French law. In case of interpretation, only the French text will prevail.

For any legal action, the parties give exclusive jurisdiction to the courts of the headquarters of Gibbox.

In the event that any of the provisions of these general conditions of use are deemed or declared, by court order, illegal or unwritten, the other provisions of these general conditions of use will remain in full force.