General terms and conditions of sale and use
Updated 10/10/2022
We are Taqt("Taqt", "our", "nos" or "nous"). If you are interested in working with us, thank you very much!
1. Purpose
Taqt has designed and developed hardware solutions, the latest version of which is a connected terminal enabling any professional to provide facility management services simply and efficiently (hereinafter the " Taqt Solution( s)"). The Taqt Solutions are connected to a SaaS platform that manages the data and information collected and analyzed through the Taqt Solutions (hereinafter the " Platform ").
The purpose of these general terms and conditions (hereinafter the " General Terms and Conditions ") is to determine the terms and conditions under which Taqt sells a Taqt Solution to any professional who requests it (hereinafter the " Customers ") and grants them a license to use the Platform, as well as the associated services (hereinafter the " Services ").
Taqt and the Customers are hereinafter referred to - together or individually - as the " Parties " or a " Party ".
The General Terms and Conditions express the entire agreement of the Parties and supersede any prior agreement, letter, offer or other written or oral document having the same purpose, with the exception of the signed quotation which forms an integral part thereof.
They may be supplemented, where applicable, by specific terms and conditions of use, which supplement these General Terms and Conditions and, in the event of contradiction, prevail over the latter.
2. Service operator
The Services are operated by Taqt, a simplified joint stock company, registered in the Lyon Trade and Companies Register under number 534 232 558, whose registered office is located at:
Le Britannia - Allée C étage 7 - 20 bd Eugène Deruelle - 69003 Lyon - France (hereinafter " Taqt ").
Taqt can be contacted at the following coordinates:
- Email address: support@taqt.com
- Telephone: +33(0)1 80 91 98 67
3. Access to Services
The Services are accessible:
- To any natural person with full legal capacity to commit under the General Conditions. A natural person who does not have full legal capacity may only access the Services with the agreement of his or her legal representative.
- To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
The Services are intended for professionals, i.e. any person acting for the needs of the exercise of his or her profession, and for private individuals.
4. Acceptance of General Conditions
Prior to signing the quotation or placing an order on the Site, the Customer declares (i) that he/she has read these General Terms and Conditions and (ii) that he/she expressly accepts them.
This acceptance is evidenced by the signature of the quotation or by a box to be ticked in the process of placing the order on the Site.
Acceptance of the General Terms and Conditions can only be full and complete. Any conditional acceptance is considered null and void. Customers who do not agree to be bound by the General Terms and Conditions must not sign the quotation or place an order on the Site.
5. Ordering terminals and services
5.1. Ordering process
To place an order for Taqt Solutions and Services, the Customer must, at his or her convenience:
- either send a request for a quotation to Taqt by e-mail to contact@taqt.com;
- or place an order on the Site by clicking on the " order " button.
In order to place an order, the Customer must provide certain information, such as surname, first name, company name, contact e-mail address, telephone number, address and postal code.
The Customer may also be asked to provide additional information which is optional but which may be useful to Taqt in providing the Customer with a more personalized experience. Such information could include, for example, payment information.
The Customer is hereby informed that any order automatically entails the opening of an account in the Customer's name (hereinafter the "Account"), giving the Customer access to a personal space (hereinafter the "Personal Space") which enables the Customer to manage its use of the Services in a form and according to the technical means that Taqt deems most appropriate for rendering these Services.
The Customer guarantees that all the information provided in the context of his order is accurate, up-to-date and sincere, and is not misleading in any way. He/she undertakes to update this information in his/her Personal Space in the event of any changes, or to contact the Taqt support team so that it can make the necessary changes.
The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account constitutes proof of his/her identity. The information entered by the Customer is binding as soon as it has been validated.
The Customer may access his or her Personal Space at any time by entering his or her login and password.
The Customer undertakes to use the Services personally and not to allow any third party to use them in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so.
The Customer is likewise responsible for maintaining the confidentiality of his or her login and password. The Customer undertakes not to share his login and password, not to allow others to access or use his Account, nor to do anything that might compromise the security of his password or Account. He/she must immediately contact Taqt using the contact details given in the "Services Operator" section of these terms and conditions if he/she notices that his/her Account has been used without his/her knowledge. He acknowledges Taqt's right to take all appropriate measures in such a case.
5.2. Order confirmation
Once the order has been placed, Taqt will send the Customer an Order Confirmation (hereinafter referred to as the " Order Confirmation ") by any means it deems appropriate, and in particular by e-mail.
The Order Confirmation summarizes the characteristic elements of the Order. The Order Confirmation is accompanied by (i) the version of the General Terms and Conditions in force on the date of the Order, and (ii) the invoice corresponding to the Order.
The Customer must ensure that the contact details provided when placing the Order or updating his/her Account are correct, and that they enable him/her to receive the Order Confirmation. If the Customer does not receive the Order Confirmation, he/she should contact Taqt using the contact details mentioned in the "Services Operator" article.
The Order Confirmation is proof of the transaction.
5.3. Order delivery
Delivery is made to the address indicated when the order is placed.
It is carried out by a carrier independent of Taqt.
The Customer acknowledges and accepts that the carrier's delivery times are mentioned on quotations and/or the Site as an indication only.
Taqt makes every effort to meet the scheduled shipping dates. It undertakes to inform the Customer, as soon as possible, of any foreseeable delay in delivery and/or any measures taken to remedy the situation. Nevertheless, it cannot be held liable for late delivery. Once delivered, the Taqt Solution must be installed by the Customer by following the indications and instructions provided by Taqt by any means.
The Customer acknowledges and accepts that this installation is its responsibility and that Taqt cannot be held liable for a malfunction of the Taqt Solution due to its incorrect installation.
Upon delivery of the Taqt Solution, Taqt provides the Customer with an access code enabling the Customer to connect to the Platform and thus have access to the Services and data collected through the Taqt Solution.
5.4. Duration of Services
The Customer who subscribes to the Services under the conditions of the article " Ordering the Services " commits to a fixed-term subscription of one (1) year, tacitly renewable under the same terms and conditions for successive periods of the same duration, unless the Customer gives notice of termination under the conditions below.
The Customer may cancel his subscription:
- Either by sending a request to this effect to Taqt, by e-mail to the contact details mentioned in the article "Operation of Services";
- Or by making this request directly via his Personal Space.
Any cancellation must be made at the latest one (1) month before the anniversary date of the subscription.
The Customer will receive an e-mail confirming his cancellation as soon as possible. Subscriptions cancelled under these conditions will end on the last day of the current subscription period.
8. Financial terms and conditions
8.1. Price of the Taqt Solution and subscription to Services
The price of the Taqt Solution and the subscription to the Services is that indicated on the Site or on the quotation. It depends on the characteristics of the Taqt Solution chosen. Unless otherwise stated, the price is indicated in euros and includes all taxes. Charges may also apply in certain situations. Where applicable, the amount of these charges is indicated on the Site or on the quotation so that the Customer can be informed prior to placing an order.
8.2. Price revision
The price of the Platform subscription will be automatically revised annually on the anniversary date of the subscription, according to the following formula: P1 = P0 x (S1 / S0)
- P1: revised price
- P0: initial contract price or last revised price
- S0: SYNTEC reference index, used on the order date or last Contract revision.
- S1: last SYNTEC index published on the revision date. S1: latest SYNTEC index published on the revision date.
In the event of the SYNTEC index disappearing, Taqt will decide on a replacement index and will inform the Customer without delay.
Taqt also reserves the right to revise the subscription price beyond the amount of the revision as calculated above.
In such a case, the Customer will be informed by any useful written means, and in particular by e-mail, at least two (2) months before the new prices come into force.
The Customer acknowledges and accepts that the new prices apply when the subscription is renewed.
If the Customer does not accept the new prices, he/she must terminate the subscription under the conditions set out in the article " Duration of Services ". Failing this, the Customer is deemed to have accepted the new prices.
8.3. Terms of payment
Unless expressly stipulated otherwise in the quotation, payment of the price of the Taqt Solution and the first instalment of the subscription to the Services is made by direct debit from the bank account whose details were provided at the time the order was placed (hereinafter the " Direct Debit "), which the Customer acknowledges and accepts.
All other subscription payments, which are due annually, are made on the anniversary date of the subscription, again subject to any express provision to the contrary.
The Customer undertakes to take all necessary steps to ensure that the Direct Debit can be carried out.
The Customer is hereby informed that he may change his method of payment at any time, directly from his Account. This change may (i) cause temporary disruption to the Services while Taqt verifies the new payment information and/or (ii) result in an exceptional change to the subscription debit date. Taqt cannot be held liable in any way in this respect.
When the order is placed from the Site, the Direct Debit is carried out by the following secure payment solutions provider: Stripe (hereinafter: the " Payment Provider "), to which Taqt subcontracts the implementation of payment and which alone retains the Customer's bank details for this purpose. The Customer is hereby informed that Taqt does not retain any banking details.
Customers' banking information relating to their use of the Services is subject to automated data processing, for which the Payment Provider is responsible.
8.4. Default of payment
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of the sums due on their due date will automatically entail, without prejudice to the provisions of the article " Termination for default " and without prior formal notice:
- the acceleration of all sums owed by the Customer and their immediate payment;
- the immediate suspension of Services in progress until full payment of all sums owed by the Customer;
- the invoicing, for the benefit of Taqt, of late payment interest at the rate of three (3) times the legal interest rate, based on the amount of all sums owed by the Customer, and of a fixed indemnity of forty (40) euros for collection costs.
8.5. Free trials
Access to Subscription Services may begin with a free trial for a limited period. If the Customer receives a free trial, the specific terms of the offer will be as set out in the material describing the free trial offer. Free trials are reserved for new Taqt customers.
Free trials cannot be combined with other offers.
Taqt reserves the right to freely determine the conditions and limitations of eligibility for any free trial. Once the free trial period has ended and in the absence of any cancellation by the Customer, Taqt will debit the subscription instalments relating to the Services chosen by the Customer. For this reason, Taqt reserves the right to ask the Customer, prior to the activation of any free trial. If the Customer wishes to cancel the subscription at the end of the free trial period, he must follow the procedure stipulated in the conditions applicable to the free trial period.
9. Non-commercial use
The Customer agrees not to monetize, sell, grant, exchange or, more generally, negotiate all or part of the access to the Services or to the Platform, as well as to the information and/or texts, images and other content used by Taqt on the Solution as part of the use of the Services.
10. Right of withdrawal
This right is granted to all individual Customers, as well as to professional Customers, provided that they meet the following cumulative conditions:
- That their main activity is not in the same field as that of Taqt;
- That they have five (5) employees or less.
If the Customer does not meet these conditions, the right of withdrawal does not apply.
The Customer has a period of fourteen (14) working days from the date of receipt of the Taqt Solution(s) to withdraw from the order.
He/she may exercise this right by sending Taqt, before the expiry of the aforementioned period, the completed withdrawal form attached in Appendix 1, or by sending Taqt any other unambiguous statement expressing his/her wish to withdraw.
The Taqt Solution(s) received must be returned to Taqt in its/their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. The Taqt Solution(s) must not have been used. The Customer is deemed to be responsible for any damage to the Taqt Solution(s) upon receipt by Taqt.
The Customer is required to return the elements using a shipper providing a tracking number (i.e. FedEx, UPS, DHL). The exercise of the right of withdrawal does not have to be justified. There is no penalty for exercising the right of withdrawal, with the exception of the cost of returning the goods, which must be paid by the customer. The exercise of this right will result in the automatic cancellation of the subscription or the transaction.
The Customer will be reimbursed for all sums paid for the order as soon as possible and at the latest within fourteen (14) days from the date of effective receipt by Taqt of the request for withdrawal, after deduction, where applicable, of the cost of return, which remains the Customer's responsibility. However, Taqt reserves the right to defer this reimbursement until the actual recovery of the Taqt Solution(s).
11. Returns
This right is granted to all individual Customers, as well as to professional Customers, provided that they meet the following cumulative conditions:
- That their main activity is not in the same field as that of Taqt;
- That they have five (5) employees or less.
If the Customer does not meet these conditions, the right of withdrawal does not apply.
The Customer has a period of fourteen (14) working days from the date of receipt of the Taqt Solution(s) to withdraw from the order.
He/she may exercise this right by sending Taqt, before the expiry of the aforementioned period, the completed withdrawal form attached in Appendix 1, or by sending Taqt any other unambiguous statement expressing his/her wish to withdraw.
The Taqt Solution(s) received must be returned to Taqt in its/their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. The Taqt Solution(s) must not have been used. The Customer is deemed to be responsible for any damage to the Taqt Solution(s) upon receipt by Taqt.
The Customer is required to return the elements using a shipper providing a tracking number (i.e. FedEx, UPS, DHL). The exercise of the right of withdrawal does not have to be justified. There is no penalty for exercising the right of withdrawal, with the exception of the cost of returning the goods, which must be paid by the customer. The exercise of this right will result in the automatic cancellation of the subscription or the transaction.
The Customer will be reimbursed for all sums paid for the order as soon as possible and at the latest within fourteen (14) days from the date of effective receipt by Taqt of the request for withdrawal, after deduction, where applicable, of the cost of return, which remains the Customer's responsibility. However, Taqt reserves the right to defer this reimbursement until the actual recovery of the Taqt Solution(s).
12. Customer's obligations
Without prejudice to the other obligations set out herein, Customers undertake to comply with the following obligations.
- Customers undertake, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
- Customers acknowledge that they have familiarized themselves on the Site with the characteristics and constraints, particularly technical, of all the Services.
- Customers are solely responsible for their use of the Services and the information they communicate to them in this context. They are solely responsible for their use of the Services and for the information they communicate to them in this context.
- Customers undertake to provide Taqt with all the information required for the proper performance of the Services and, more generally, to cooperate actively with Taqt with a view to the proper performance hereof.
- Customers undertake to provide accurate information, free from any defect, particularly with regard to contact details enabling orders to be delivered.
- Customers are informed and accept that the implementation of the Services requires them to be connected to the Internet and that the quality of the Services depends directly on this connection, for which they alone are responsible.
It is strictly forbidden to use the Platform and Services for the following purposes:
- carrying out illegal, fraudulent activities or activities that infringe the rights or security of third parties,
- undermining public order or violating applicable laws and regulations,
- intruding into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice diverting the Taqt Solution and Services to purposes other than those for which they were designed.
It is strictly forbidden for any Customer to copy and/or misappropriate the concept, technologies or any other element of the Taqt Solution and/or the Platform for his/her own purposes or for those of third parties.
The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Taqt's systems, (iii) any misappropriation of the system resources of the Taqt Solution and/or the Platform, (iv) any breaches of security and authentication measures, (v) any acts likely to prejudice the financial, commercial or moral rights and interests of Taqt, and finally more generally (vi) any breach of the General Conditions.
13. Taqt Solution warranty
For one (1) calendar year from the date of the order, Taqt warrants to the Customer (as opposed to a third party) that the equipment manufactured by or for Taqt received by the Customer from Taqt (as opposed to a third party) will be free from defects in materials and workmanship (hereinafter the " Warranty ").
The Warranty is offered to the Customer subject to compliance with the following conditions: (i) that the equipment delivered as part of the order has been used under normal conditions of use and in accordance with all technical specifications and/or user manuals accompanying such equipment; and (ii) that the equipment for which a Warranty is claimed is associated with an active, fully paid subscription to the Services.
The Customer who wishes to invoke the Warranty must contact Taqt by email within one (1) calendar year from the date of the order.
If the Customer activates its Warranty in accordance with the provisions hereof and follows the instructions for returning the equipment set out in the "Returns" article, Taqt undertakes, at its discretion, either (i) to repair the equipment using new or refurbished parts ; (ii) replace the equipment with new or refurbished equipment; or (iii) refund the full purchase price of the equipment, less shipping and handling charges, duties and taxes paid by the Customer at the time of order (i.e. shipping and handling charges, duties and taxes are not refundable).
This Warranty does not apply to: (i) consumable parts, such as batteries; (ii) cosmetic damage, including, without limitation, scratches, dents and plastic breakage on ports; (iii) defects or damage caused as a result of misuse of the equipment, accident (including, without limitation, collision, fire and spillage of solids or liquids on the equipment), negligence in the use of the equipment, modification, repair, improper installation, testing or improper or unauthorized storage ; (iv) damage caused by operation outside the uses authorized or intended for the equipment described by Taqt; (v) damage caused by use of the equipment with non-Taqt products or services; or (vi) any software, even if packaged or sold with the equipment.
14. Taqt solution provided on a rental basis
In the event that the equipment has been made available to the Customer, in particular in the context of a rental, the Customer acknowledges and accepts that this placing in possession commits him to an obligation of custody and preservation of the rented equipment.
Thus, the Customer is obliged to ensure, from the moment he receives the equipment until it is handed over to Taqt, the custody, proper use and preservation of the equipment.
To this end, he will take all necessary steps to ensure this custody and preservation and in particular to protect the equipment against any damage, loss or theft.
In this respect, the Customer acknowledges and accepts that he bears all risks of loss, destruction and/or theft of the equipment as soon as he receives it: the latter becomes under his control.
Should any of these events occur, the Customer undertakes to inform Taqt in writing as soon as possible, providing details of the event, including identification of the equipment made available and/or rented concerned.
Taqt reserves the right, at any time, with or without notice to: (i) stop the production or distribution of the equipment and/or recall any equipment made available and/or leased and/or (ii) modify the design or specifications of such equipment.
Where applicable, the Customer undertakes to cease, immediately upon request by Taqt, all use of the equipment and to return it to Taqt as soon as possible in accordance with the procedure specified in the " Returns " article.
Any equipment made available to the Customer or loaned must also be returned to Taqt in the event of any termination of the General Terms and Conditions.
The Customer shall refrain from the following acts with regard to any equipment made available or rented: (i) removing the equipment made available and/or rented from the premises in which the Customer has informed Taqt that the equipment would be used; (ii) disposing of or destroying such equipment, regardless of the damage caused to it, or selling it, giving it away or proceeding with any other transfer thereof.
The making available of equipment, in particular for rental, does not confer any right of ownership on the Customer, who is merely the custodian thereof. The equipment remains the full and exclusive property of Taqt, which the Customer acknowledges and accepts.
Consequently, the Customer is fully liable for any breach or non-performance of its obligations hereunder.
In the event that the Customer fails to return to Taqt any equipment made available and/or rented as required by these General Terms and Conditions, the Customer shall owe Taqt, within five (5) days of the date on which it was required to return such equipment, the retail value of one unit of such equipment new and not removed from its packaging.
The Customer agrees to comply with all applicable international, national, state, regional and local laws and regulations in connection with any transactions involving the made available and/or leased equipment, including, without limitation, all applicable European and U.S. export control laws and regulations regarding the export and re-export of technology and documentation.
The Customer shall inform Taqt in the event that it knows or has reason to believe that any act or failure to act required or contemplated under these conditions violates any law, rule or regulation (criminal or non-criminal) in force in any geographical territory in which it uses the equipment made available and/or leased.
15. Third-party products and services
Use of the full functionality of the Services may require the Customer to use one or more third-party products or services, including, without limitation, open source software or third-party software that is licensed separately under the terms of various separate license agreements (hereinafter "Other Software").
For example, some of the functionality of the Services may use the Google Maps Geocode API.The Customer is free to decide which third-party products or services, if any, it wishes to use.
Other Software is licensed to the Customer under the terms of the applicable third-party license agreements (hereinafter the "Other Software Terms of Use").
Intellectual property rights and Other Software are owned by the copyright holders indicated in the Other Software Terms of Use. The Customer's express consent and authorization may be required for the use of any third-party product or service, including, without limitation, the Other Software.
Once the Customer's consent is given for a particular third-party product and service, including, without limitation, the Other Software, Taqt may exchange information and data concerning the Customer and the Customer's use of the Services, in order to enable full or better performance of the Services. Once this information is shared with the particular third party product or service, its use will be governed by the third party's privacy policy and terms of service.
16. License and restrictions on use of the Platform; intellectual property rights
16.1. License to use the Platform
As long as the Customer pays all sums due to Taqt in connection with its order for the Services, Taqt grants the Customer, for the duration of the present Agreement, a personal, non-transferable, revocable and non-exclusive license to use the Platform in its version existing at the date of the present Agreement and in any future versions, as well as its technical documentation (hereinafter the " License ").
The License is granted for the sole purpose of use of the Platform by the Customer in accordance with the terms and conditions specified herein, for the Customer's own business needs and by the Customer or authorized users, to the exclusion of any other person.
The Platform must be used by the Customer in accordance with the stipulations of the General Terms and Conditions and the instructions for use and proper operation communicated by any means by Taqt, as well as its intended purpose, which the Customer acknowledges and accepts.
The Customer agrees not to:
- modify, disassemble, decompile or reverse engineer any technological infrastructure underlying the services, including, without limitation, the sites, mobile applications and/or any loaned and/or rented equipment;
- rent, lend, resell, sublicense, distribute or transfer the services to a third party or use the services and/or any loaned and/or rented equipment on a time-sharing basis or provide any security or other services for a third party ;
- make copies of the technological infrastructure underlying the services, including, without limitation, the sites, mobile applications and/or firmware of any loaned and/or leased equipment;
- remove, bypass, disable, damage or otherwise interfere with the security features of the services and/or any loaned and/or leased equipment;
- remove copyright notices or other proprietary rights from the Services, the Site, the Mobile Applications and/or any Materials;
- attempt to access, monitor or use accounts used for the purpose of operating the Services or the information of other customers;
- access the Services in order to create a similar or competitive product;
- upload, transmit or distribute computer viruses, worms or software designed to damage or modify any computer or communications network, computer, handheld mobile device, data, the Services, the Site, the Mobile Applications and/or any other property;
interfere with, disrupt or attempt to gain unauthorized access to servers or networks connected to the Services; or
violate any applicable law or regulation.
Taqt reserves the right to correct any errors identified by the Customer. The Customer acknowledges that it does not have the right to maintain the Solution itself or to have it maintained by a third party.
16.2. Taqt's intellectual property
The systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, trademarks, databases, etc.) used by Taqt in connection with the Taqt Solutions and the Platform, as well as the Taqt Solutions and the Platform and/or their components themselves or the Site itself, are protected by all intellectual property rights, the rights of producers of databases in force or business secrecy.
Any disassembly, decompilation, deciphering, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Taqt is strictly prohibited and may be subject to legal proceedings for infringement and/or unfair competition.
The Customer also undertakes to refrain from creating and/or developing a product that infringes the Taqt Solution and/or the Platform.
This prohibition is effective for the entire duration of the application of the present terms and conditions and will survive the end of the latter for the entire duration of the legal protection of intellectual property rights.
All rights not expressly granted in the present document are reserved by Taqt.
17. Taqt's intellectual property
The Customer acknowledges and accepts that it is the Customer's responsibility to ensure that it has all the software, hardware and other system components required for its use of the Services, and to ensure that they are compatible with the use of the Services and correctly configured. The Customer hereby acknowledges and accepts that Taqt cannot provide the Services properly if these requirements and compatibility are not met.
In particular, the Customer must have a working cell phone and/or internet connection, a supported device (to use a mobile site and/or application) and other hardware, software, equipment or elements specified by Taqt.
For this purpose, Taqt recommends the use of a high-speed internet connection with an upload bandwidth of at least 1 Mbps, although lower upload speeds may also be sufficient. Taqt reserves the right to modify the minimum system requirements at any time, which the Customer acknowledges and accepts.
18. Security; Privacy; Electronic communications
Taqt is concerned about the integrity and security of its users' personal information. Nevertheless, Taqt cannot guarantee that unauthorized third parties will never be able to defeat Taqt's security measures.
19. Updates
From time to time, Taqt may provide updates, upgrades, patches, bug fixes, and other modifications to improve the technological infrastructure integrating the Services and to devices, including, without limitation, the Site and/or the Mobile Applications, the Platform and related services (hereinafter the "Updates").
The Customer acknowledges and agrees that it may be required to install Updates in order to continue to access and use the Taqt Solutions, the Platform and/or the Services. The Customer agrees that Updates may be automatically installed without further notification or additional consent. Any Updates provided to the Customer are made on a license exchange basis, so that the Customer agrees, as a condition of receiving an Update, to terminate all rights to use any previous version of any software related to the Taqt Solutions, Platform and/or Services affected by the Update. However, the Customer may continue to use such earlier version insofar as it may assist the Customer in upgrading to the Update. Once an Update has been released, Taqt may discontinue support for previous versions, with or without notice.
20. Support
Unless expressly agreed otherwise in writing, Taqt does not provide technical support services relating to the Taqt Solutions, Platform and/or Services; however, the Customer may order support services for an additional charge (or as expressly provided elsewhere in the Agreement) which Taqt may offer from time to time.
21. Modifications
Taqt reserves the right, at any time, and with or without notice: (i) to interrupt the production or distribution of Taqt Solutions, the Platform, and/or to modify the design or specifications of the Services; (ii) to suspend the Services for reasons of security, system failure, maintenance and repair, or other circumstances; and (ii) to modify its pricing, service, warranty or other policies.
Taqt shall not be liable for any such modifications.
22. Termination for default
Taqt offers no specific guarantee of availability of services.
In the event of a breach by the Customer of any of its obligations under the General Terms and Conditions, which is not remedied within thirty (30) days of receipt of formal notice to remedy the breach, Taqt may, ipso jure and without legal formalities, terminate the General Terms and Conditions and close the Customer's Account or suspend its access to the Services.
Termination or suspension of the present General Terms and Conditions is without prejudice to any damages Taqt may claim as a result of the Customer's breach and to any penalties that may be due to Taqt.
Termination of the Services entails deletion of the Customer's Account, and the Customer no longer has access to his or her Personal Space.
The Customer is expressly informed and accepts that all the information he or she has placed online on the Platform may remain accessible on the Platform for a maximum of three (3) months. After this period, the Customer will be responsible for recovering the data in the format of his choice.
Any termination or suspension of Services will not give rise to any credit or refund of any kind whatsoever, except in the cases expressly provided for in the present document.
Taqt has set up a retraining program. To this end, Taqt offers to send any Customer who so desires, a transport voucher at the end of the application of the General Terms and Conditions, so that the Customer can return all the Taqt Solutions in his possession. The conditions of return are stipulated on the transport voucher.
Taqt therefore invites customers to inform it of their intention to take advantage of this recycling program.
23. Mobile applications
The Platform is also available through a software application accessible at app.taqt.com (hereinafter the " Taqt App ").
Nevertheless, Taqt does not guarantee that the Taqt App will be compatible with all mobile devices. Other Apps may interact with the Taqt App in unpredictable ways, and Taqt does not guarantee against malfunctions or errors caused by such interactions.
Taqt and its licensors or third-party suppliers retain all rights and interests in the mobile applications. Standard operator data charges may apply to your use of the Taqt App. By using the Taqt App, the Customer agrees to comply with Apple's App Store terms of use and Google Play terms of use in effect.
Notwithstanding any express provision to the contrary, Taqt is solely responsible for the operation of the Taqt App and Services.
Taqt is solely responsible for handling any claims by Customers or any third party relating to the Taqt App, including, without limitation: (i) any claims that the Apps do not comply with any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation. All such claims shall be governed solely by these terms and conditions and any applicable law. The Customer agrees to comply with the terms and conditions applicable to any third-party products and services accessed in connection with the use of the Taqt App, including, without limitation, other software.
24. TAQT's liability and warranty
Taqt undertakes to provide the Services diligently and in accordance with good practice. Its liability is exclusively limited to the provision of the Services in accordance with the terms and conditions described herein, to the exclusion of any other services.
Taqt undertakes to carry out regular checks to verify the operation and accessibility of the Platform. In this respect, Taqt reserves the right to temporarily interrupt access to the Platform for maintenance purposes, without incurring any liability. Similarly, Taqt may not be held liable for temporary difficulties or impossibilities in accessing the Platform due to circumstances beyond its control, force majeure or disruptions to telecommunications networks.
Taqt does not warrant to Customers:
- that the Taqt Solutions and Services, subject to constant research to improve in particular their performance and progress, will be totally free of errors, defects or faults;
- that the Taqt Solutions and Services will be compatible and will function with the Customer's network, equipment and/or infrastructures;
- that the Taqt Solutions and Services will operate in an uninterrupted and error-free manner;
- that the Taqt Solutions and Services, being standard and by no means offered for the sole intention of a given Customer according to his own personal constraints, will specifically meet his needs and expectations.
In this respect, the Customer is informed and accepts that the Taqt Solutions and Services are not specifically designed for uses requiring:
a high level of accuracy in the information and data delivered, so that any inaccuracy or error in the data would have significant, serious or dangerous consequences;
- or a high level of security;
- or where the stakes would be such that failure in the delivery of the information and data could result in death, serious bodily harm and/or serious physical or environmental damage. In particular, the Taqt Solutions and Services are not designed or intended to be operated as life-support systems, medical or nuclear devices, or in connection with national defense.
- or where failure to deliver information and data could result in death, serious bodily injury and/or serious physical or environmental damage. In particular, Taqt Solutions and Services are not designed or intended for use as life-support systems, medical or nuclear devices, or in connection with national defense.
The Customer is further informed and accepts that the data to which he has access via the Taqt Solutions and Services are given without any guarantee of precision and/or accuracy whatsoever. Despite all the care and attention paid by Taqt in the design and implementation of its Taqt Solutions and Services, it cannot guarantee the Customer that they are free from errors or inaccuracies, particularly with regard to the data they deliver. The Customer acknowledges and accepts that such data cannot be considered as having indisputable probative value. It is the Customer's responsibility to take these circumstances into account when evaluating and implementing its own products and services, of which it declares - by accepting the present - to be fully aware. He/she alone assumes the consequences in this respect.
Taqt cannot be held liable for the content of the data, for the consequences of any errors and/or inaccuracies they may contain and for the possibility of data holes beyond its control.
The data accessible via Taqt Solutions and Services may not be exhaustive.
Taqt shall not be liable for any malfunction of the Taqt Solution, the Platform and/or the Services or for any operation that does not comply with the Customer's intended use if such circumstances result from a failure by the Customer to install the Taqt device and/or equipment or from any repair or maintenance of the equipment or any Taqt device carried out by the Customer itself or by a third party that is not Taqt.
Taqt shall not be held liable for any malfunction of the Taqt Solution or Taqt equipment linked to the batteries. In this respect, it is the Customer's responsibility to change the batteries in the Taqt Solutions as required.
THE WARRANTIES EXPRESSLY SET FORTH IN THE TERMS HEREOF ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN OR RELATING TO LAW, STATUTORY OR OTHERWISE, OR ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES OR THE USE OF TRADE.
25. Limitation of liability
Taqt shall not be held liable for non-performance or delay in performance of its obligations if such non-performance or delay is caused (i) by a breach by the Customer of its own obligations or (ii) by a circumstance external to it and/or not attributable to it.
In any event, Taqt shall not be liable to the Customer for the payment of damages of any nature whatsoever, whether direct, indirect, incidental, material, commercial, financial or moral (including, without limitation, loss of use, profits, data, information or clientele) as a result of the performance hereof, for an amount greater than the amount of the last twelve (12) monthly payment instalments invoiced by Taqt in execution of the General Conditions.
Taqt may only be held liable if the Customer has lodged a claim, by registered letter with acknowledgement of receipt, within one (1) month of the occurrence of the damage that is the subject of the dispute and provided that this claim is lodged within one (1) year of the occurrence of the event that gave rise to the Customer's claim.
THE CUSTOMER'S RIGHTS MAY VARY FROM ONE GEOGRAPHICAL AREA TO ANOTHER, AND SOME LEGISLATION DOES NOT RECOGNIZE THE LIMITATION OF LIABILITY DAMAGES AS CONTAINED IN THESE CONDITIONS. WITH RESPECT TO SUCH LEGISLATION, TAQT'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT POSSIBLE.
26. Compensation
The Customer agrees to defend Taqt (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns) from and against any third party claim, action, suit or proceeding arising out of, be based upon or related to the breach of any of its obligations under these Terms or any unauthorized use of the Products and Services, and to indemnify it for all losses, damages, expenses and costs (including, without limitation, reasonable attorneys' fees and costs) incurred by Taqt as a result of any such claim, action, suit or proceeding.
27. Non-competition
The Customer is prohibited from developing and/or marketing, directly or indirectly, a product that competes with the Taqt Solutions and/or the Platform.
A competing product is defined as any product with identical or similar characteristics to the Taqt Solutions and/or the Platform and/or that meets the same needs or objectives.
This prohibition will apply for the entire duration of the General Terms and Conditions and will continue for a period of two (2) years after their termination.
28. Mediation
The provisions below apply to all individual Customers, as well as to professional Customers, provided that they meet the following cumulative conditions:
- That their main activity is not in the same field as that of Taqt;
- That they have five (5) employees or less.
Should the professional Customer fail to meet these conditions, the provisions below shall not apply.
In the event of a dispute relating to these General Terms and Conditions, the Customer may have free recourse to a consumer mediator in accordance with articles L612-1 et seq. of the French Consumer Code.
A list of approved mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso.
The Customer may also lodge a complaint via the online dispute resolution platform (known as the "RLL" platform) accessible by means of the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
In the event of failure in the appointment of the mediator or in the mediation itself, the most diligent party may refer the matter to the competent court in accordance with the terms of the article "Applicable law - Competent jurisdiction" below.
29. Applicable law - Jurisdiction
These General Terms and Conditions are governed by French law. In the event of a complaint or question, the Customer is required to contact Taqt using the contact details stipulated in the "Services Operator" article, taking care to specify his contact details and to provide any information enabling the origin and implications of the dispute to be assessed.ANY DISPUTE RELATING TO THE VALIDITY, EXECUTION AND/OR INTERPRETATION OF THESE TERMS AND CONDITIONS WHICH CANNOT BE RESOLVED AMICABLY SHALL BE REFERRED TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, UNLESS OTHERWISE PROVIDED BY MANDATORY RULES OF PROCEDURE.