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Terms and conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE WID. FR WEBSITE AND THE WID APP

PRELIMINARY ARTICLE: DEFINITIONS

  • « WID App » : designates the application offered by WID SAS available on Android Market, used exclusively on smartphones that have NFC (Near Field Communication) technology. The WID App includes all computing components (in particular the software and computing developments and webpages, including the programmes in source and object source code, domain names, preparatory design work, specifications, and preliminary studies, user documentation, database), the graphic charter (including the drafts, mock-ups, prototypes and plans), the contents (in particular the textual, graphic, auditory, photographic and multimedia elements), as well as all related rights;

  • « Customer » : designates the physical or legal person who registers on the Website and who has entered into a separate agreement for the supply of WID Chips with WID SAS;

  • « General Terms and Conditions of Use » : designates these general terms and conditions governing the use of the Website and/or the WID App by a User;

  • « Contracting Party » : collectively designates the Visitor and/or the User and/or the Customer;

  • « Parties » : designates jointly the Contracting Party and WID SAS;

  • « WID Chip » : designates an RFID (Radio Frequency Identification) computing chip developed by WID SAS and embedded in bottles;

  • « Website » : designates the website of WID SAS, accessible using the domain name www.wid.fr. The WID App includes all computing components (in particular the software and computing developments and webpages, including the programmes in source and object code, the domain names, the preparatory design work, the specifications, and preliminary studies, the user documentation, the database), the graphic charter (including the drafts, mock-ups, prototypes and plans), the contents (in particular the textual, graphic, auditory, photographic and multimedia elements), as well as all related rights;

  • « User » : designates the physical or legal person that registers on the Website and/or the WID App;

  • « Visitor » : designates the physical or legal person that accesses the Website and downloads the WID App and who is not registered as a User and/or Customer;

  • « WID SAS » : designates WID SAS, a simplified joint-stock company with a capital of 10,000 euros, whose registered office is located at 1 rue du Commandant Robert Malrait, 27300 Bernay, registered with the Bernay Trade and Companies Register under number RCS 801 522 871.


ARTICLE 1: SCOPE – APPLICABILITY

Access to the Website and the WID App and their use by the Contracting Party are subject to these General Terms and Conditions of Use.

IMPORTANT
THE USE OF THE WEBSITE AND/OR THE WID APP OR OF ANY OF THEIR FEATURES IMPLIES THE EXPRESS, PRIOR AND ENTIRE ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE. ACCESSING OR BROWSING THE WEBSITE AND/OR THE WID APP CONSTITUTES UNCONDITIONAL ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE.


ARTICLE 2: PURPOSE

The purpose of the General Terms and Conditions of Use is to define the terms and conditions in which the Contracting Party accesses, browses, and uses the Website and/or the WID App.


ARTICLE 3: ADVANTAGES OF THE WEBSITE AND THE WID APP

  • 3.1- The WID App
    • The WID App allows Visitors and/or Users with smartphones equipped with NFC (Near Field Communication) technology to authenticate a bottle with an embedded WID Chip, simply by holding the smartphone next to the WID Chip.
    The NFC communication established between the WID Chip and the Visitor's and/or User's smartphone enables database queries and sends to the Visitor and/or User a message with the authenticity status of the bottle.
    The Visitor and/or User can then access a series of information selected by the producer such as the origin, history, traceability, know-how, grape variety or even advice for appreciating the wine and bottle storage, as well as comments and notes concerning the bottle. The Visitor and/or User is informed that such information is selected by the producer of the bottle(s) and remains optional. Consequently, some of the above information may not be available when using the WID App.
    The creation of a WID User account also allows the creation of a virtual personal wine library and the on-line sharing of comments and selections.

  • 3.2- The Website
    • The Website allows :
    • visitors to access the Website and visit the informative part of the Website;
    • users to access the history of bottles scanned using the WID App and the related information described in Article 3.1;
    • the Customer to be able to manage the information concerning its property and products and to access the statistical data.


    ARTICLE 4: NATURE OF RELATIONS BETWEEN THE PARTIES

    The role of WID SAS is strictly limited to providing the Website and the WID App which allows authentication of bottles and access to information provided by the producer.

    WID SAS does not sell wine products in any form whatsoever and consequently, WID SAS does not guarantee in any manner whatsoever the compliance of the bottle(s) obtained from other vendors or service providers, in the meaning of Articles L211-4 et seq. of the French Consumer Code.


    ARTICLE 5: REGISTRATION ON THE WEBSITE AND/OR VIA THE WID APP

    5.1- Registration on the Website and/or via the WID App as a User or Customer is optional and allows the User or Customer to have access to additional features such as those mentioned in Article 3 of these General Terms and Conditions of Use.

    5.2- To register and benefit from the services offered by WID SAS via the Website and/or the WID App, Users and/or Customers must be at least 18 years old.
    Registration on the Website and/or the WID App implies full, entire and unconditional acceptance of these General Terms and Conditions of Use.
    To register, one must complete the form available on the WID App and/or on the home page of the Website.
    The User and/or Customer can then access a registration form in which they must fill in the fields presented.
    The required fields are marked by an asterisk (*).
    The User and/or Customer guarantees that the data entered via the Website and/or the WID App are authentic, accurate, complete and exist in reality.

    When registering, the User and/or Customer must provide:
    • surname and given name;
    • company name (if any);
    • valid email address;
    • user name;
    • gender;
    • country of residence;
    • date of birth;
    • password;
    • phone number

    In subsequent connections to the Website and/or the WID App, only the email address and the password must be entered to access the User/Customer account.

    5.3- When registering, the User and/or Customer must choose a unique, personal email address and password that will allow them to access the Website and/or the WID App.
    The email address and password are personal and confidential. They may only be used by the User and/or Customer. The email address and password are used under their full responsibility and they commit to not provide them to any third party whatsoever.
    The password can be changed via the Website and/or the WID App. For the WID App, the User must go to the "Settings" menu and log in in order to change the password. For the Website, the User and/or Customer must click on the "Lost password" tab and follow the steps indicated.
    The User and/or Customer then enter a new password that they must next approve.
    The User and/or Customer agrees to use only their active email address and password. Any attempt at access using passwords different from those delivered is considered as a computer-related attack under applicable laws. Moreover, if necessary, WID SAS reserves the right to terminate access to the Website and/or to the WID App and the User and/or Customer cannot claim any compensation.

    5.4- Once the registration form is duly completed, the registration is automatically approved, and the User and/or Customer will receive a welcome email.
    All registrations founded on an incomplete form or a form that contains erroneous or fabricated information may be rejected without compensation or prior notice by WID SAS.
    The activation of the User's and/or Customer's registration by WID SAS cannot be considered as the grant of any guarantee whatsoever.

    5.5- The registration is made for an unlimited duration. The User and/or Customer may terminate their registration for any reason, at any time.
    Moreover, WID SAS reserves the right to terminate and/or suspend the registration of a User and/or Customer, without compensation or prior notice, and without prejudice to WID SAS's right to exercise any recourse or legal remedy that it deems appropriate against a User and/or Customer:
    • if it is required to do so by a law or regulation;
    • if there is any doubt regarding the good faith of the User and/or Customer, the authenticity of the information entered or, more generally, in cases of failure to adhere to any of the terms in these General Terms and Conditions of Use.

    Finally, WID SAS reserves the right to periodically and randomly carry out verifications of the accuracy of the information provided by a User and/or Customer.


    ARTICLE 6: USE OF THE WEBSITE

    The Contracting Party can access the Website via the URL .
    To access the features reserved for the Users and/or Customers mentioned in Article 3 of these General Terms and Conditions of Use, the User and/or Customer must register and connect to the Website using their email and password.


    ARTICLE 7: USE OF THE WID APP

    In order to use the WID App, the Visitor and/or User must download and connect to the WID App.
    The Visitor and/or User must hold their smartphone equipped with NFC (Near Field Communication) technology next to the label of the bottle, provided that it is equipped with a WID Chip.

    After querying the WID database, the Visitor and/or User will be informed of the authenticity or the non-authenticity of the bottle.
    If authenticity is confirmed, the Visitor and/or User can then access such functions as:
    • access to all information concerning the bottle, in particular its origin, history, the know-how and the grape varieties;
    • advice on appreciation of the wine and storage of the bottle.
    Only Users may access additional features such as:
    • storing a personal wine library on line;
    • the User's on-line sharing of comments and selections.


    ARTICLE 8: CONNECTION TO THE WEBSITE AND THE WID APP

    8.1- WID SAS makes every effort to ensure the availability of the Website and/or the WID App. WID SAS does not guarantee that the Website and/or the WID App will function on every operating system and that it may be used at all times, without interruption or error, nor that all errors can be corrected.

    8.2- The Contracting Party is informed that the availability of the Website and/or the WID App is subject to a simple duty of care. WID SAS may under no circumstances be held liable should the Website or the WID App be unavailable.

    8.3- The Website and the WID App are in constant development and are thus subject to changes from time to time and/or temporary or final interruptions without advance notice, in particular for reasons of maintenance. WID SAS may under no circumstances be held liable should the Website or the WID App be unavailable due to such changes.


    ARTICLE 9: PRICE

    Access to the Website and/or the WID App and registration on the Website are free of charge, except for the connection fees that are the sole charge of the Contracting Party.


    ARTICLE 10: LIABILITY

    10.1- WID SAS does not provide any sales of wine products in any form whatsoever and, consequently, WID SAS does not guarantee in any manner whatsoever the compliance of the bottle(s) within the meaning of Articles L211-4 et seq. of the French Consumer Code, obtained from other vendors or service providers.

    10.2- WID SAS declines any and all responsibility for any damage or loss associated with the use or inability to use the Website and/or the WID App or its contents, except as allowed by law.

    Consequently, WID SAS cannot be held liable for:
    • dysfunction or inability to access, or poor user conditions of the Website and/or of the WID App attributable to unsuitable equipment, internal dysfunctions of the Contracting Party's internet access provider, overloading of the Internet network or for any other reason whatsoever;
    • any deterioration of information, programmes, files or databases related to the use of the Website and/or the WID App.

    10.3- WID SAS cannot be held liable, for any reason whatsoever, for any prejudice or damage, direct or indirect, experienced or incurred by the Contracting Party due to the use or the inability to use the Website and/or the WID App, such as, without limitation, loss of information, loss of data, loss of customers or loss of business.

    As part of the use of the Website and/or the WID App, the Contracting Party agrees not to:
    • modify or alter all or any part of the Website and/or the WID App;
    • authorise a third party to use the Contracting Party's email or password;
    • use the email and password of another User and/or Customer;
    • distribute message(s) or information of any form or type:
      • that is contrary to public order and good morals;
      • that is contrary to the respect for privacy;
      • that is injurious, defamatory, racist, xenophobic or revisionist, or that harms the reputation of others, inciting discrimination and/or hatred;
      • that threatens a person or a group of persons;
      • that is pornographic or paedophilic in nature;
      • that incites to commit a crime, an infraction or an act of terrorism or that is apologetic to war crimes or crimes against humanity;
      • that incites to suicide;
      • that violates laws on secrecy of correspondence, or generally, is contrary to applicable regulations or laws.


    ARTICLE 11: INTELLECTUAL PROPERTY

    11.1- The Website and the WID App are protected by intellectual property rights and are the property of WID SAS. Consequently, they may only be used by the Contracting Party under the conditions specified in the General Terms and Conditions of Use.
    Any other use, in particular any use that is constitutes infringement, is subject to penalties. Any reproduction, even partial, of the contents of the Website and/or of the WID App is strictly prohibited without prior authorisation from WID SAS.
    More generally, any distribution, reproduction, representation or adaptation of all or any part of the Website and/or of the WID App or any of their elements is prohibited, as is their alteration.
    "WID" is a protected trademark registered with the Office of the Harmonisation of the Interior Market (Office de l’Harmonisation du Marché Intérieur), on 8 July 2014, under registration number 13063672 (hereinafter the "Trademark"). The domain name www.wid.fr (hereinafter designated as the "Domain Name") has been reserved by WID SAS.
    The use of the Trademark and the Domain Name is reserved for WID SAS. Consequently, the Contracting Party is not authorised to use the Trademark and/or the Domain Name, in any manner or in any form whatsoever, without prior written approval from WID SAS. In addition, the Contracting Party shall not file and/or register all or part of the Trademark and/or the Domain Name or any similar sign in any manner whatsoever with the competent authorities.

    11.2- These General Terms and Conditions of Use do not imply any transfer whatsoever of WID SAS's intellectual property rights to the Contracting Party.
    The Contracting Party has, for the entire duration of the registration, a non-exclusive, revocable and non-transferable license to the Website and/or the WID App, depending on their registration.
    The Contracting Party shall not:
    • grant any sublicense to use the WID App;
    • transfer this license.


    ARTICLE 12: PERSONAL INFORMATION

    12.1- The WID App is compliant with French standards governing the protection of privacy and personal information, and in particular Law no. 78-17 of 6 January 1978 on computers, files and civil liberties amended by the Law no. 2004-801 of 6 August 2004.

    12.2- As part of the use of the Website and/or the WID App, the Contracting Party provides personal information. The entry of this information is required in order to use the services offered by WID SAS and in particular to be able to record an Order and obtain its delivery. Moreover, the connection data may be collected by WID SAS.
    The data collected by WID SAS is considered confidential and will only be used by its internal departments for management of the Website and the WID App for the statistical estimation of WID App visits.
    The Contracting Party may simply, at any time and free of charge, oppose the use of their personal information, except that information needed for the transmitting this opposition. To do this, the Contracting Party must write to the following address: support@wid.fr.

    12.3- WID SAS will remain the full and exclusive owner of the database concerning the WID Chips embedded in the bottles and shall keep full control of the use of this data.
    Consequently, the Contracting Party shall not create files containing all or part of the data concerning WID Chips of which they may have gained knowledge through the use of the services offered by WID SAS.

    12.4- In compliance with the law on computing and civil liberties of 6 January 1978 amended by the Law of 6 August 2004, the Contracting party has, at all times, a right of access, modification, rectification or deletion of the personal information concerning them.
    To change this personal information, the Contracting Party may send an email to support@wid.fr.
    To terminate an account, the Contracting Party may send an email to support@wid.fr.
    The Contracting Party may also exercise their right of opposition.


    ARTICLE 13 : Cookies

    WID SAS uses temporary internal cookies (unstored session cookies), only used to help Website browsing. The cookies used by WID SAS are not under any circumstances used to collect personal information about the Contracting Party.
    If the Contracting Party chooses to reject all cookies (including temporary internal cookies), their access may be limited.


    ARTICLE 14: APPLICABLE LAW – JURISDICTION

    The use and operation of the WID App are governed by French law. The validity, execution and interpretation of these General Terms and Conditions of Use applicable to the WID App are also subject to French law.

    IF THE VISITOR AND/OR THE USER AND/OR THE CUSTOMER IS A COMMERCIAL PROFESSIONAL, THE EXCLUSIVE COMPETENT JURISDICTION FOR ALL DISPUTES RELATED TO THE INTERPRETATION OR THE EXECUTION OF THE GENERAL TERMS AND CONDITIONS OF USE IS THE COMMERCIAL COURT OF BERNAY.