General Terms and Conditions for the use of the solution Flow
Entry into force: July 31st, 2019
1. Purpose
The Flow Solution (hereinafter referred to as the “Solution”) is aimed at enabling its users (hereinafter referred to as the “Users”) to measure and have knowledge of air pollution grades in the places where they are located or where they walk.
The Solution is made up of:
(i) a connected sensor which captures and registers air quality and pollution measures in the places in which it is positioned (hereinafter referred to as: the “Sensor”);
(ii) a mobile application which is connected to the Sensor and in which the Sensor’s data are registered and may be viewed by Users (hereinafter referred to as the “Application”).
The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) is to define the terms and conditions of use of the services provided on the Solution (hereinafter referred to as the “Services”) as well as to define the rights and obligations of the parties within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
2. Manager of the Solution and Services, Contact Details
The Solution and the Services are managed by the company PLUME LABS, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number 803 473 974 with the Registry of Trade and Companies of Paris, whose head office is located 11b, rue Bachaumont – 75002 Paris, in France (hereinafter referred to as “Plume Labs”).
Plume Labs can be contacted through any of the following channels:
Street address: 11b, rue Bachaumont – 75002 Paris (FRANCE)
Telephone: 09 52 26 09 08
Email address: support@plumelabs.com
3. Access to the Solution and the Services
The Solution and the Services can be accessed by:
- any person having the full legal capacity to be bound by these General Terms and Conditions of Use. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative;
- any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
4. Acceptance of the General Terms and Conditions
Users can accept these General Terms and Conditions by checking a checkbox when purchasing the Sensor on the Website, as provided in article 6.1.
The acceptance of these General Terms and Conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by these General Terms and Conditions must not access the Solution or use the Services.
5. Description of the Services
5.1 Pollution measurement
The Solution enables the Users to have knowledge of the air quality and the level of pollution of the places where they are located, as well as to follow the evolution of these grades when they move from a place to another.
For this purpose, the Sensor detects and records real-time data related to the concentrations of fine particles, nitrogen oxide and volatile organic compounds.
These data are transmitted to the Application on which they are analysed and presented in the form of air quality and pollution measures.
Users may view these measures on the Application and follow their real-time evolution.
5.2 Localisation of pollution grades
Users may geolocate themselves on the Application and have access to a map of their routes in which they can view the measures of air quality and pollution of each place where they have walked.
Users may desactivate their geolocalisation at any time. When this option is desactivated, Users may still view air quality and pollution measures but cannot access to the map, nor view specific measures on the places where they walk.
5.3 Reuse of pollution measures
Users are expressly informed and accept that all data with regards to the measures of air quality and pollution registered in the Sensor and treated in the Application may be transferred, in an anonymized form, to Plume Labs’ environmental data platform, for purposes of providing information and forecasts on air pollution in the world.
5.4 Other Services
Plume Labs reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
6. Implementation of the Services
6.1 Purchase of the Sensor
6.1.1 Sensor features
Before ordering the Sensor, and pursuant to articles L.111-1 of the French consumer Code, Users have the possibility to be informed on the characteristics of the Sensor on on Plume Labs’ website https://flow.plumelabs.com/ (hereinafter referred to as the “Website”).
The Sensor is proposed for purchase within the limit of available stocks.
Photographs and description of the Sensor are as precise as possible. Plume Labs is committed on these photographs and description only for what is exactly indicated. However, Users are informed and accept that some characteristics of the Sensor, including its color, may not entirely match with the photographs published on the Website, due to technical constraints.
6.1.2 Ordering of the Sensor
(i) Placing order
Users place an order of the Sensor, by completing the order form available on the Website.
As part of the ordering process, Users are asked to provide their address for the purposes of delivery and invoicing. All fields in the order form marked as being required must be filled in. Orders cannot be validated unless they contain all required information.
Users must ensure that all information they provide in the order form is accurate, up to date and genuine and is in no way misleading or dishonest.
Users are hereby informed and accept that this information acts as proof of their identity and will be binding upon confirmation.
(ii) Order Confirmation
Once they have placed their order, Users receive an email which confirms the order and indicates the scheduled delivery date. This email contains a copy of these General Terms and Conditions.
Users must make sure that the contact details that they entered when ordering are correct and that they may receive the order confirmation email. If Users do not receive this email, they must contact Plume Labs through the channels listed in article 2.
Plume Labs advises Users to preserve the information contained in the order confirmation.
The order confirmation is deemed to be received by Users when they have access to it.
6.1.3 Payment of the Sensor
(i) Price of the Sensor
The sale price of the Sensor is indicated on the Website, in euros and all taxes included (French VAT and other applicable taxes).
Plume Labs reserves the right to propose promotional offers or price reductions, in its sole discretion and according to conditions that it deems appropriate, including when Users subscribe to Plume Labs’ other services or have expressed their interest in Plume Labs’ activities.
The price of the Sensor does not include the delivery fees, which shall be invoiced in supplement. The costs of delivery shall be indicated before the validation of the order by Users.
The applicable price is that indicated on the Website on the date of validation of their order by Users.
Caution: Outside the European Union, as well as in French overseas departments and territories, in addition to the price paid to Plume Labs, duties or local taxes may be pursuant and may be charged to Users. These duties and taxes, the amount of which Plume Labs cannot predetermine and therefore cannot inform Users prior to their order, remain at the Users’ charge and Users remain solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
(ii) Payment of the price
The price of the Sensor, including delivery costs, is due at the order.
Its payment can be made online by bank card through the secured online payment service indicated on the Website, or by any other mean available on the Website at the date of the order.
User guarantees to Plume Labs that they have all required authorizations to use the chosen means of payment.
The corresponding invoice shall be sent to Users with the delivery of the Sensor.
(iii) Retention of ownership
Plume Labs retains full and complete ownership of the Sensor sold until full payment has been made.
6.1.4 Delivery of the Sensor
(i) Territories and delivery methods
The Sensor may be delivered to all countries in the European Union, as well as in the United States of America.
The Sensor shall be delivered to the address indicated as the “delivery address” (which can be different to the invoicing address) indicated by Users on the date of their order.
Users are informed of all possible delivery methods and their costs before their order validation. They must select the chosen method of delivery and provide all information required for the effective delivery of the Sensor.
(ii) Date of delivery
The delivery date of the Sensor is indicated in the confirmation email.
In case the delivery is not made in this time limit, Users have the right to cancel their order by registered letter with acknowledgement of receipt, or by any other written form on other durable medium, if, after they have ordered Plume Labs, on the same terms, to proceed to the delivery in a reasonable additional period, Plume Labs has failed to do so within that period.
The order shall be deemed cancelled upon receipt by Plume Labs of this letter or written form informing Plume Labs of this cancellation, unless the delivery was made meanwhile.
In case the order is cancelled, as set out above, Users will be refunded of the sums they have paid, including the costs of delivery, within fourteen (14) days from the date of this cancellation.
6.2 Downloading of the Application and connection with the Sensor
Upon receipt of the Sensor, as set forth here-above, Users download the Application through web stores indicated on the Site, in particular App™ Store or Google Play.
Users expressly acknowledge and accept that, when downloading the Application, they are subject to the general terms and conditions applicable to these web stores.
Downloading of the Application is free of charge.
Once they have downloaded the Application, Users register by completing the registration form provided for this purpose and connect the Sensor by complying with the process indicated in the Application.
7. Right of withdrawal
Users benefit a right of withdrawal for a period of 30 (thirty) working days from the date of receipt of the Sensor, without having to give any reason or incurring penalties, except, if necessary, return costs.
They may exercise their rights by sending to Plume Labs, through any of the channels mentioned in article 2, before expiry of the above-mentioned withdrawal period, the withdrawal form, a model of which is attached in Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to withdraw.
The Sensor must be returned to Plume Labs in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the submission by Users of their withdrawal. The returned Sensor must be accompanied by a copy of the corresponding invoice. Users are deemed responsible in case of deterioration of the Sensor when returned to Plume Labs.
Users will be refunded promptly, and at the latest within 14 (fourteen) calendar days following receipt by Plume Labs of the withdrawal, of all sums paid for their order after deducting the return carrier costs, which remain at their cost. However, Plume Labs reserves the right to defer refund until the Sensor’s effective return.
8. Legal safeguards
Users benefit legal safeguards against non-compliance as well as against latent defects of the thing sold, including non-conformities resulting from the Sensor’s packaging.
If Users notice that the delivered Sensor has a defect, is non-compliant or damaged, they must inform Plume Labs, through any of the channels mentioned in article 2, indicating the nature of the defect, non-compliance or damage found and including any supporting documentation, such as a photography of the defected Sensor.
Plume Labs will organize with the carrier of its choice the terms of return and will inform Users of these means through any pertinent channel. Plume Labs will cover the return carrier costs.
The Sensor must be returned to Plume Labs in its original packaging. A copy of the corresponding purchase invoice must be sent back with the Sensor.
For Sensor return to be accepted it must be returned following the terms stipulated above.
Plume Labs will make the necessary verifications and will offer to repair or replace the Sensor if possible.
If repair or replacement of the Sensor is not possible, Plume Labs will offer to refund Users the full price paid for the Sensor, this including the related delivery charges.
Users will be refunded promptly, upon receipt of the returned Sensor.
It is reminded that, when they claim legal warranty of conformity, all consumers:
- benefit a period of 2 (two) years from the delivery of the good to take action;
- has the right to choose between repairmen or replacement of the good, subject to the cost conditions set forth in article L.217-9 of the French consumer code;
- is exempt from proving the existence of a good’s non-compliance for the 24 (twenty-four) months following its deliverance.
It is also reminded that legal warranty of conformity applies independently of any commercial warranty that may be provided.
Besides, all consumers have the right to decide to implement the warranty against all latent defects of the thing sold within the meaning of article 1641 of the French civil code. In that event, they have the right to choose between cancellation of the sale and reduction of the selling price pursuant to article 1644 of the French civil code.
9. Agreement in relation to proof
Users expressly acknowledge and accept that:
(i) Data and information collected on Plume Labs ’s Solution and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
(ii) These data and information are the main means of acceptable proof between the parties, in particular for the calculation of amounts due to Plume Labs.
Users can access these data and information in the Application.
10. Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
10.1 Users agree, in their use of the Solution and the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
10.2 Users acknowledge having read on the Solution and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
Users are more specifically solely responsible for their use of the Sensor and the Application. It is their responsibility to ensure that the Solution answer their specific needs prior to its subscription.
10.3 Users undertake to use the Solution and the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users also undertake not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their rights and/or obligations under these General Terms and Conditions, including their access to the Solution and/or the Services.
10.4 Users undertake to provide Plume Labs with all documents, data and information necessary for the proper performance of the Services and the appropriate fulfilment of Plume Labs’ obligations under these General Terms and Conditions.
More generally, Users undertake to actively cooperate with Plume Labs with a view to ensuring the proper performance of the Services and to keep Plume Labs informed with any difficulty in such performance.
10.5 Users expressly acknowledge that the Solution and the Services provide them with an additional solution, not an alternative solution, for having knowledge of air quality and pollution and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
10.6 Users expressly acknowledge that the use of the Solution and the Services require that they should be connected to the internet and that they are solely responsible for such connection.
11. Users’ Guarantee
Each User undertakes to defend, indemnify and hold Plume Labs harmless from and against any claims, demands, actions and/or grievances whatsoever, that Plume Labs could incur as a result of a breach by this User of any one of its obligations or guarantees under these General Terms and Conditions.
Users undertake to compensate Plume Labs for any prejudice that Plume Labs could be subject to, and to pay any costs, liabilities, charges and / or convictions that Plume Labs could incur, as a result of such a breach.
12. Prohibited behaviour
12.1 It is strictly prohibited to use the Solution and the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
12.2 Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Plume Labs’s Solution.
12.3 The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Solution and/or the Services, (ii) any hacking or attempts to hack into Plume Labs’ IT systems, (iii) any hijacking of the Solution’s system resources, (iv) any acts that would place a disproportionate load on the Solution’s infrastructure, (v) any attempts to breach the Solution’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Plume Labs or of the Users of its Solution and finally, more generally, (vii) any breach of these General Terms and Conditions.
13. Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force, Plume Labs reserves the right to take any measures it deems appropriate and in particular:
(i) To suspend, cancel or access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(ii) To publish on the Solution or the Website any related informational message that Plume Labs deems useful,
(iii) To inform any relevant authorities,
(iv) To commence and prosecute any legal proceedings.
14. Liability and guarantee of Plume Labs
14.1 Plume Labs undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
More specifically, Users expressly acknowledge and accept that the Solution is aimed at providing information on the air quality and pollution in a specific place but is not designed to enable Users to prevent pollution or to improve their quality of life.
14.2 Plume Labs does not guarantee to the Users that the Solution and the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, Plume Labs reserves the right to interrupt access to the Solution momentarily for maintenance purposes. In the same way, Plume Labs shall not be held liable if the Solution is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Plume Labs’ control, force majeure, or due to any disruption in the telecommunications network.
14.3 Plume Labs cannot be held responsible for any failure or delay in the delivery of the Sensor due to Users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.
14.4 In any event, any liability that could be incurred to Users by Plume Labs within the context of these General Terms and Conditions is expressly and solely limited to direct actual damages suffered by Users.
15. Intellectual Property of Plume Labs
These General Terms and Conditions do not confer to the Users any intellectual property rights relating to the Solution, which remain entirely and exclusively the property of Plume Labs. The Users only have a license of use of the Solution within the limits of these General Terms and Conditions.
The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Plume Labs in the Solution are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Plume Labs’ authorization, is strictly prohibited and could lead to prosecution.
16. Personal Data
Plume Labs practises a policy of protection of personal data, the characteristics of which are detailed in the document “Privacy Policy”, which Users are expressly invited to read.
17. Customer references
Users who are entities expressly authorize Plume Labs to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
18. Term of the Services, cancellation
Subscription to Services is taken out by Users for an unlimited term.
Users can opt out of the Services at any time, by uninstalling the Application. Their subscription shall be cancelled immediately.
19. Amendments
Plume Labs reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in article 18.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
20. Language
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
21. Consumer Mediation
In the event of any dispute with Plume Labs, in relation with these General Terms and Conditions, Users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Users may contact the following consumer mediator:
Centre de médiation et de règlement amiable des huissiers de justice (Medicys – Mediation and Amicable Resolution Center of Judicial Officers)
Street address: 73 Boulevard de Clichy, 75009 Paris (France)
Email address: contact@medicys.fr
Telephone: (33) 1 49 70 15 93
http://www.medicys.fr/index.php/consommateurs/
22. Law and Jurisdiction
These General Terms and Conditions of Use are subject to French law and shall be interpreted and governed by such.
Any dispute that may arise in connection with their interpretation, their validity or their enforcement shall fall within the exclusive jurisdiction of the courts of Paris (France).
APPENDIX
WITHDRAWAL FORM
Please fill in this form if you wish to exercice your withdrawal right.
Attention:
Plume Labs, SAS
11b, rue Bachaumont
75002 Paris
Email address: support@plumelabs.com
I hereby notify you my withdrawal of the purchase of the Sensor made on:
Order number:
Ordered / received on (*):
Date of registration:
Name of the buyer:
Address of the buyer:
Signature of the customer (only when this form is sent by post:
Date:
(*) Delete as appropriate