General Terms and Conditions of Use of the site www.getbigger.io
(Updated February 1, 2020)
Preamble - Legal notice
The site "www.getbigger.iois published by GETBIGGER, a simplified joint stock company, registered in the Aix-en-Provence Trade and Companies Register under the number 85341025600012, having its registered office at 4 Boulevard Montmartre, 75009 PARIS, and represented by its Chairman, Gilles Macherey, (hereinafter referred to as "GETBIGGER"). GETBIGGER "»).
The Director of Publication is Gilles Macherey.
The host of the site is Google Ireland Limited, whose registered office is located at Gordon House, Barrow Street, Dublin 4 - Ireland.
Site(s) : refers to the present site published by GETBIGGER : www.GETBIGGER.com ;
User(s) Internet user(s) : refers to the Internet user(s), natural person(s) and/or legal entity(ies), browsing and using the Website;
The Site aims to offer a complete logistics and transport technological solution for e-merchants. GETBIGGER works with the leading logisticians and carriers in the market in order to offer Users the best conditions and quality of service on the market.
3- Acceptance of the General Conditions of Use
The purpose of these Terms and Conditions of Use is to provide a legal framework for the terms and conditions of availability of the Site in all its functionalities and their use by the User.
Consultation, browsing and use of the functionalities offered by the Site imply for the User the full acceptance of the GCU. The User is requested to read it before each order.
In this respect, the User placing an order for one of the services offered by GETBIGGER shall be deemed to have previously read and accepted the T&Cs as well as those of GETBIGGER's possible partners in their entirety.
The present GCU are intended to govern the relationship between the User of the Site and GETBIGGER. GETBIGGER reserves the right to make any changes to the TOU, if it deems it necessary. The User is subject to the terms and conditions of GETBIGGER in force at the time of use of the Site.
In the event of non-acceptance of these T&C, the User must renounce access to the functionalities offered by the site.
If any of the provisions should be unenforceable, void or invalid for any reason whatsoever, the withdrawal of such provision shall not affect the validity and enforceability of the remaining provisions of the TOU as a whole.
4- User capacity & behaviour
The User confirms that he/she is over eighteen (18) years of age and has the legal capacity to accept these TOS.
The User undertakes to comply with the provisions of these GCU as well as those of the possible partners of GETBIGGER; it being however specified that GETBIGGER cannot engage its responsibility in any capacity whatsoever as for the provisions specified in the general conditions of its partners who remain solely responsible for their editorial line.
In addition, the User undertakes not to disrupt or hinder the proper functioning of the Site, including but not limited to not hindering any intellectual property rights of third parties. In this respect, the User undertakes not to undermine the integrity of the Site, and not to collect personal information about another User.
The User undertakes to provide the exact information necessary for the use of the Site, on his behalf, as any third party borrowing his data. All the data collected on the Site for the execution of the services offered by GETBIGGER, constitute admissible and opposable evidence between the parties within the framework of legal proceedings.
Furthermore, the User undertakes not to impersonate another User of the Site, and to respect the privacy of others.
The User undertakes to make strictly personal use of GETBIGGER's Services.
The User having obtained access to the Site, and more particularly to his customer account on the Site acknowledges that each GETBIGGER user account, user name and password are strictly personal; the User undertakes not to disclose them to any third party. The User undertakes not to assign or transfer the user account, user name and password to a third party, natural or legal person. The confidentiality and reliability of the password and username are the sole responsibility of the User. Under no circumstances shall GETBIGGER be held liable in the event of unauthorized access by third parties to personal or confidential data concerning a recipient transmitted or stored during the use of the Site by the User.
The User undertakes to provide any proof of identity if GETBIGGER deems it reasonably appropriate and necessary.
The User undertakes to use the Site in accordance with its purpose, including but not limited to not using the Site for the purpose of causing nuisance to a third party.
The User agrees not to copy or distribute the contents of GETBIGGER in any way whatsoever without the prior written consent of its managers.
5- Use of the Site & Responsibility
The User may browse the site or connect to his customer account via his strictly personal login and password.
The User thus connected shall follow the steps as described and complete all the information necessary for the execution of any of the services offered by GETBIGGER.
It is the sole and entire responsibility of the User to provide all information in a fair, complete and correct manner, in order to enable GETBIGGER and its partners to carry out the services offered. GETBIGGER declines all responsibility in case of errors in the information communicated by the User or the User, whose responsibility will be engaged if the information communicated proves to be erroneous and does not allow the execution, by GETBIGGER, of the services offered. The User thus undertakes to bear any pecuniary consequences resulting from erroneous, false or incomplete information. Likewise, in the event that the User has provided an erroneous or incomplete address that does not allow the proper execution of the transport services ordered, these will be deemed to have been executed.
From the first connection by the User to the Site, it is understood that the User fully and unreservedly accepts the general terms and conditions of sale. Each order validation constitutes an electronic signature of equivalent value to that of a handwritten signature.
GETBIGGER guarantees the strict confidentiality of the data transmitted by the User.
GETBIGGER cannot guarantee the continuity of operation of its Site, which may be subject to modification, hacking, technical difficulties, errors, bugs, anomalies, which would not engage its civil or criminal liability. However, in the case of either of these hypotheses, GETBIGGER will make its best efforts as soon as possible to make any necessary corrections.
GETBIGGER cannot guarantee the compatibility of its Site with equipment or installations with a particular configuration. GETBIGGER shall not be liable for any malfunctions caused by incompatible installations or third-party software.
GETBIGGER shall not be held responsible for the content of websites to which it has indicated a link on the Site. In the event of illegal content, or content contrary to accepted good morals (without this list being exhaustive), GETBIGGER undertakes to remove the link as soon as possible.
GETBIGGER shall not be liable for any damages arising out of the use of (or inability to use) the Site (except in the case of death or personal injury), including damages caused by malicious software, viruses or any inaccuracies or omissions in the information, unless the damages result from a deliberate act or gross negligence on the part of GETBIGGER.
Furthermore, GETBIGGER shall not be liable for any damages resulting from the use (or inability to use) electronic means of communication with the Site, including, without limitation, damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6 - Confidentiality
Neither GETBIGGER nor the User will disclose to anyone confidential information concerning the other party's business, affairs, customers, clients or suppliers, except to :
- its employees, officers, representatives, subcontractors or advisors who need to know that information in order to fulfill the Party's obligations under the agreement. Each Party shall ensure that its employees, officers, representatives, subcontractors or advisors to whom it discloses the Confidential Information of the other Party comply with this clause; and
- as required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party will use another party's confidential information for any purpose other than to carry out its obligations under the Agreement.
7- Intellectual Property
All the elements of the Site and, in particular, without this list being exhaustive, the photographs, graphics, images, codes, formatting, texts, illustrations, trees, are the exclusive intellectual property of GETBIGGER.
By virtue of the provisions of article L. 122-4 of the Intellectual Property Code, and whether for commercial or non-commercial purposes, the representation, adaptation, redistribution, nesting or reproduction, in whole or in part, and, more generally, any unauthorised use, and derivative work, of all elements of the Site, are illegal.
"GETBIGGER" is a registered trademark. Any use of its name or logo requires the prior agreement of its owners, under penalty of application of articles L. 713-2 and following of the Intellectual Property Code.
The User undertakes to respect the entirety of the intellectual property rights of GETBIGGER exposes himself to legal proceedings, and in particular to the characterization of the offence of counterfeiting (without this last one being exhaustive) whose penalties are reported in the articles L. 335-2 and following ones of the Code of the intellectual property, and engages his civil and penal liability.
8- Applicable law and jurisdiction
These TOU are governed by French law.
The User who would like to make a complaint regarding the Site, undertakes to inform GETBIGGER beforehand, which undertakes to make its best efforts to settle the dispute amicably.
If no agreement can be reached, disputes will be brought before the Paris Commercial Court.