General terms and conditions of use

Article 1 – Purpose

 Edited by LS Aubouin, Famizen.com is a website devoted to answering your practical questions about family life, particularly in Paris. The purpose of this website is to provide general information on various topics that, directly or indirectly, affect your family such as childcare, school enrolment, educational and recreational activities, vacation, the home and senior citizens.

 In particular, Famizen.com gives you access to an ad service which enables private individuals to contact professionals, or to exchange services with other private individuals. As a private individual, you therefore promise not to use Famizen.com services for business, marketing, canvassing or advertising purposes.

 Famizen.com provides you with its services, provided of course that you accept the hereby General Terms and Conditions of Use whose purpose is to set the technical, practical and legal terms of our relationship. When you register on Famizen.com, you confirm that you have full and complete understanding of the General Terms and Conditions of Use, which you unconditionally accept and promise to respect.

Article 2 – Access Conditions

 To access Famizen.com, you must use a computer or any other device with an Internet connection and whose parameters allow for adequate access to the website.

LS Aubouin cannot be held responsible for any malfunctions, access denials or wrong user conditions caused by these devices, the Internet provider, network congestion, or any other reason not associated with LS Aubouin. It also goes without saying that you alone are responsible for paying all telephone and Internet access fees inferred by the use of these devices, and that Famizen.com is not responsible for the payment of these fees.

Article 3 – Proposed Services

Famizen.com provides both free and payable services in order to meet the varied needs of your family. In doing so, Famizen.com endeavours to provide its users with the means to get in touch with not only each other, but also with partners who are likely to best meet their, and therefore your, needs and expectations.

However, our intervention is limited to the simple act of bringing individuals and professionals together. LS Aubouin is not implicated in any contractual relationships which may arise between users, be they private individuals or professionals. For example, in no way does LS Aubouin provide temporary access to employees as defined in the Labour Code.

3.1 – Small Ads

You can post ads on Famizen.com. This service is free. Ads will be posted as soon as they have been validated by LS Aubouin, as a rule within 24 hours or, according to circumstances, within a few days. Ads that have not been validated by LS Aubouin must be modified in order to be posted.

As part of its general obligation to monitor the Famizen.com site, LS Aubouin reserves the right to not post your ad or to delete it at any time in the event that LS Aubouin deems it violates the current rules, moral standards or the purpose of the Famizen.com site. In no event shall these decisions entitle the author of the ad to compensation.

You accept that ads posted will be available to the public for consultation on Famizen.com. You may modify or update your ad at any time by going through the “My Account” space. If your ad is not modified or updated within a reasonable period of time, LS Aubouin reserves the right to delete your ad on its site once it has informed you by email of your ad’s expiry date.

You are also able to conduct a search of the ads posted on the site by private individuals and professionals. This is a free service. However, full access to ads, including access to the contact information of the person who posted the ad, will be a payable service as part of the various subscriptions available on our website.

3.2 – “Family Info” space

From the “Family Info” space on Famizen.com, you can read news articles, check out our top picks, and consult an address book that covers all the themes addressed on our site. These services are available free of charge.

3.3 – Practical Sheets

In the “Family Info” space on Famizen.com, you can access practical sheets covering all the themes addressed on our site. However, the reading and printing of each sheet is subject to a fee. A detailed list of rates is available on our site.

Article 4 – Subscription to Services

4.1 –   Subscription Conditions

Subscription to our free and/or payable services is reserved exclusively for persons having reached the legal age of majority and persons who are not under legal incapacity.

Within the limits of the laws and regulations in effect, LS Aubouin reserves the right to terminate, without prior warning or any financial compensation, any subscription to services undertaken by a minor or a legally-incapacitated person who would have fraudulently lied about his/her age or identity.

In accordance with the hereby General Terms and Conditions of Use, you confirm that the information provided to Famizen.com is true and accurate. You assume full and complete responsibility for this information. From the date of your subscription, you are responsible for either updating this information yourself on our site, or for informing Famizen.com with all due dispatch of the required changes to be made on the supposition that this information could be considered incomplete, obsolete, or inaccurate, and therefore must be corrected or deleted.

In addition, you explicitly confirm that this information pertains to you directly and personally, and that in no way does this information intend or seek to create a false identity or mislead a third party.

If Famizen.com was informed in any way possible that the information of one of its users had been misappropriated or was the object of fraudulent use, LS Aubouin reserves the right to terminate as a matter of right, and without prior warning or compensation, the subscription of the affected account, and to refuse future access to all or a part of the services available on Famizen.com to the person who misappropriated or fraudulently used the information in question.

In accordance with the hereby General Terms and Conditions of Use, you confirm that you are not the object of any kind of conviction or any other sanction which could result in you being banned from using all or a part of the services available on Famizen.com.

As LS Aubouin respects your right to privacy and does not have any policy prerogative, in no way shall it be held responsible for any Famizen.com user’s failure to respect the clauses in this article.

4.2 –   Practical Methods of Subscription

To access the free and payable services on Famizen.com, you need to create an account by clicking on the link provided for this purpose and then filling in all the required fields (marked with an asterisk) in the subscription form available on our website under “Create Your Account”. If you inadvertently forget to fill in one of the fields, Famizen.com will send you an error message and enable you to rectify the error.

You will then be asked to attentively read the hereby General Terms and Conditions of Use. Check the box to indicate that you have read and accept them.

Once these steps completed, and subject to full payment for the relevant service, as a subscriber to Famizen.com you will have a username and password that are strictly personal and confidential and should not be divulged to anyone.

You are solely responsible for their use. As a result, LS Aubouin shall in no way be held responsible for the loss of your username and/or your password.

Article 5 – Rates and Methods of Payment

Go to Famizen.com for information on the various types of subscriptions available for the free and payable services on our website. All prices are in euros (tax included).

Upon subscription to a service or offer, payment can be made by credit card – Carte Bleue, Visa, Mastercard– or by using the PayPal system. E-transactions are protected by the Merc@Net payment system hosted by Banque BNP Paribas. All information, and in particular your banking information, received at this time is encrypted to ensure confidentiality.

Information recorded by the payment system used by Famizen.com constitutes proof of the business transactions between you and Famizen.com. This information is kept; it will then be stored in accordance with the relevant laws and regulations.

Article 6 – Protection of Personal Data

As part of the management of the Famizen.com site, LS Aubouin may be required to collect information regarding your identity as well as your contact information (postal, telephone and email address), except for your banking information which is only available from the banking institution responsible for e-transactions.

LS Aubouin requires this information in order to manage your account. Failure to reply may result in the suspension of service. This information may be accessed by the site’s service provider; however, this access is limited to technical requirements.

If you would like to hear about offers from Famizen.com’s partners, please check the appropriate box in the subscription form available on our site.

At any time, you may indicate whether or not you wish to receive offers from Famizen.com or from its partners.

In accordance with the 6 January 1978 Act called “Informatique & Libertés”, at any time you may access, modify or rectify your personal data. Please contact Famizen.com at contact@famizen.com for any requests. We will get back to you as soon as possible.

Article 7 – Cookies

A cookie is a set of navigation-related data which is sent to a web browser by a web server. Cookies are stored on the hard drive of the web browser. To improve site functionality or for statistical purposes, Famizen.com may be required to place cookies on your web browser.

However, you may disable cookies by configuring your web browser, i.e. Microsoft Internet Explorer or Netscape Navigator, by following the instructions provided on your browser’s website or on the website of the Commission Nationale de l’Informatique et des Libertés (CNIL).

Article 8 – Intellectual Property

Any trademarks, logos, graphics, photos, animations, videos or texts appearing on Famizen.com, with the exception of those concerning links to other sites or advertising authorised by Famizen.com, are the intellectual property of LS Aubouin and may not be reproduced, utilised or represented without specific authorisation from LS Aubouin under threat of legal proceedings.

In accordance with the hereby General Terms and Conditions of Use, you promise to use this intellectual property for personal use only, and therefore to not modify, copy, reproduce, download, publish, share, or commercialise this information for any purpose whatsoever, and in particular, for sales and marketing purposes.

Article 9 – Modification

LS Aubouin reserves the right to modify or develop at any time the pages on Famizen.com, the services, their applicable rates or, in general, the hereby General Terms and Conditions of Use.

These modifications will come into effect as soon they are activated on Famizen.com and, starting from this date, will apply to all new services to which you are not subscribed.

For this reason, we encourage you to regularly consult our offers as well as the hereby General Terms and Conditions of Use available on Famizen.com.

Article 10 – Failure to retract – Cancellation – Force Majeure

In accordance with the hereby General Terms and Conditions of Use, you acknowledge that the payable services to which you subscribe are available immediately and may not, under these circumstances and in accordance with article L. 121-20-2 of the Consumer Code (‘Code de la consummation”), be subject to a right to retract.

However, you may terminate your subscription if LS Aubouin does not respect its obligations in accordance with the hereby General Terms and Conditions of Use, following the formal demand that you are required to send the LS Aubouin by registered letter with acknowledgement of receipt and which remains unresolved over a period of seven (7) days. LS Aubouin also reserves the right to terminate your account, following a notice period of seven (7) days, in the event you fail to respect your obligations in accordance with the hereby General Terms and Conditions of Use.

Your obligations as well as those of LS Aubouin, in accordance with the hereby General Terms and Conditions of Use, may be suspended in the event of a force majeure. Assuming that this force majeure event would last for more than thirty (30) days, your account would therefore be automatically terminated without yourself or LS Aubouin being able to claim any compensation.

Article 11 – Site Functionality and Service Continuity

Access to Famizen.com is available 7 days a week, 24 hours a day, barring any possible breakdowns or technical problems, site maintenance, technical updates or improvements required to ensure site functionality and service continuity.

Therefore, in accordance with the hereby General Terms and Conditions of Use, you promise to not hold LS Aubouin responsible for the site functionality and service continuity of Famizen.com.

Article 12 - Liability

As editor of Famizen.com, LS Aubouin is required to monitor activity and information mentioned in ads placed on the site or in any hypertext links available on Famizen.com to ensure that there is no recognizably unlawful content.

This obligation applies only to information that is readily available to LS Aubouin. In no way does it apply to the veracity or manner in which the services proposed or requested by the depositary or addressee of the ad are provided. As a result, LS Aubouin can in no way be held responsible for the non-performance or inferior performance of the these services.

You promise to inform Famizen.com as soon as possible of any violation of the acts and regulations in effect of which you are aware and which would specifically derive from the content or purpose of an ad edited on our site. Based on the elements you have provided, LS Aubouin reserves the right to delete as a matter of right, without prior warning or compensation, the relevant ad or hypertext link.

Article 13 – Language

The hereby General Terms and Conditions of Use are available in French and English. Together, they form one document. However, in the event of any objections to the conditions indicated in the previous articles, or discrepancies between the two versions, the French version will prevail.

Article 14 – Governing law and devolution of powers

The hereby General Terms and Conditions of Use are governed by, construed and applied in accordance with French law.

Any legal disputes arising from the construing, modification, implementation, or rescinding of the hereby General Terms and Conditions of Use will, in the absence of an amicable settlement, be under the exclusive jurisdiction of courts of law located within the jurisdiction of the Paris Court of Appeal.