FAMILY & CO, a simplified joint stock company with capital of 933.033 euros, registered in the Paris Trade and Companies Register under number 533 545 307, with registered office at 8 rue Bayen -75017 (hereinafter referred to as "Family & Co") publishes a "family assistant" solution (hereinafter referred to as the "Service") accessible via the following URL address "www.familywall.com" (hereinafter referred to as the "Website") or the "Family & Co" mobile application (hereinafter referred to as the "Application")
The User may use the Service either free of charge with limited access to the Service's functionalities, or by taking out a paid subscription to the Service allowing access to all of the Service's functionalities (hereinafter referred to as the "Subscription").
The purpose of the present General Terms and Conditions is to set out the conditions of subscription and performance of the Subscription. The User declares that the present Terms and Conditions have been communicated and/or made available to him by FAMILY & CO and that he has read them before concluding the Subscription to the Service.
All other conditions, provided they are not in contradiction with the present, will only be valid if they have been accepted by FAMILY & CO, in a prior and express manner.
Consequently, the User's acceptance of the Subscription implies full and unreserved acceptance of these Terms and Conditions.
FAMILY & CO reserves the right to adapt, modify or update the present Terms and Conditions at any time. In the event of adaptation, modification or updating, the General Terms and Conditions in force on the day the Subscription is taken out by the User shall apply.
The User declares that he/she is legally capable of subscribing to the Subscription and entering into the Contract, the General Terms and Conditions of which are presented below, and in particular that he/she is of legal age.
To conclude the Subscription, the User must hold a user account with FAMILY & CO.
The User can create an account by clicking on the "Create my account" tab on the Site or Application at the latest when the Subscription is taken out.
The User concludes the Subscription by logging into his user account on the Application or the Site, and following the procedure indicated on the latter.
In particular, the User must select the Subscription formula of his choice.
Once all the requested information has been entered, the User can check the Subscription he is about to take out and its total price on a summary screen. If necessary, they can modify their choice.
Once verified, the User validates and concludes the Subscription by clicking on the " Accept " button and following the procedure provided for this purpose on the Site or Application.
This action is assimilated to the handwritten signature referred to in articles 1174, 1359 et seq. of the French Civil Code and to the conclusion of a commitment in electronic form within the meaning of articles 1128 et seq. of the French Civil Code. As from this action:
Once the Subscription has been completed, FAMILY & CO will automatically send the User an e-mail acknowledging receipt of the Subscription as soon as possible. This acknowledgement of receipt confirms that the User has completed the Subscription.
Subscription is for selected period of the plan choose. It is automatically renewed at the end of the period unless the user cancels it.
The User may terminate it at any time in accordance with the procedure indicated on the Site and Application.
The content of the Subscription, in particular its duration, is defined on the Site or Application at the time of its conclusion by the User.
The User may use the Service in accordance with the terms of the Subscription subscribed to, and the General Terms and Conditions of Use of the Service reproduced on the Site and the Application.
FAMILY & CO undertakes to exercise all due care and diligence in providing the Service. FAMILY & CO shall only be responsible for the obligations expressly defined in these General Terms and Conditions and in the General Terms and Conditions of Use of the Service.
In accordance with FAMILY & CO's General Terms and Conditions of Use, the Service offered on the Site and the Application is provided subject to their availability. FAMILY & CO cannot guarantee that the Site and/or the Application, and therefore the Service, will be uninterrupted, timely, secure or free of errors or viruses.
With regard to the Internet, networks may have unequal transmission capacities and their own usage policies. No one can guarantee that the Internet as a whole will function properly.
Furthermore, the technical performance of the Internet network and response times for consulting, querying or transferring data are variable and random.
The operation of the Website and/or the Application, and therefore of the Service, may be interrupted to allow maintenance work to be carried out on the Website and/or the Application, servers, etc...
This work will be carried out at the times chosen by FAMILY & CO, without prior notice to the User.
In addition, FAMILY & CO may unexpectedly shut down the server for exceptional technical reasons, such as: change of computers, system extension, in-depth modification of the server for exceptional technical reasons or major changes to the Site and/or Application.
The content, presentation and operation of the Site and/or the Application may be modified at any time, in particular to ensure their proper operation.
The price of the Subscription is freely set by FAMILY & CO, in compliance with applicable laws and regulations, and is not negotiable by the User.
The price of the Subscription by the User is that indicated at the time of its conclusion on the Site or Application.
It is indicated in Euros, inclusive of all taxes. In this case, it takes into account the VAT applicable on the day the Subscription is taken out. Any change in the applicable rate may be reflected in the Subscription price.
FAMILY & CO reserves the right to modify the price of the Subscription at any time, with prior notice to the User indicated on the Site or Application. Any Subscription price change will take effect on the date set by FAMILY & CO. The User may refuse to agree to the price change by cancelling the Subscription, in particular prior to the entry into force of the said change. Failing this, continued use of the Application after the tariff change has come into effect shall constitute express consent to the latter.
In any case, it is specified that the User's connection costs to the Site and/or Application remain the exclusive responsibility of the User, and are in addition to the price of the Subscription. The User is advised to contact his/her Internet service provider for any questions in this regard.
The User pays the Subscription price in accordance with the terms and conditions indicated on the Site or Application when the Subscription is taken out.
Subscription payments are due either monthly or annually.
In all cases, the first Subscription instalment must be paid by the User when the Subscription is taken out on the Site or Application. Otherwise, the Subscription cannot be taken out. The User must consult the general terms and conditions applicable to payment solutions available on the Site or the Application and provided by third parties.
FAMILY & CO reserves the right to suspend and/or terminate the Subscription in the event of non-payment of the Subscription by the User, after sending a written demand for payment that has remained without effect thirty (30) days after it was sent. FAMILY & CO also reserves the right to refuse any Subscription request from a User who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
In the event of fraudulent use of bank details, the User is invited to notify support@familyandco.com as soon as he becomes aware of such use.
In accordance with the provisions of articles L.221-18 of the French Consumer Code, the User has a legal withdrawal period of fourteen (14) days from the conclusion of the Subscription.
The User may exercise his right of withdrawal before the expiry of the deadline, either by filling in the withdrawal form available on the Site or the Application, or by sending FAMILY & CO an unambiguous statement expressing his wish to withdraw to the following address: support@familyandco.com.
If the User exercises his/her right of withdrawal, FAMILY & CO shall reimburse him/her for all sums paid within fourteen (14) days at the latest from the date on which he/she informed FAMILY & CO of his/her decision to withdraw, subject to the provisions below.
As the Subscription begins as soon as it is concluded on the Site or Application, the User may use the latter, and therefore the Service, immediately without waiting for the end of the withdrawal period, in accordance with article L.221-25 of the French Consumer Code
If the User logs on to his/her user account and uses the Subscription and the Service before the end of the withdrawal period, this first connection constitutes an express request by the User for immediate access to the Subscription and the Service. This immediate access does not deprive the User of his right of withdrawal, which remains valid until the expiry of the User's fourteen (14) day period. However, if User uses the Subscription before the end of this period and then exercises his right of withdrawal, the User will be required to pay FAMILY & CO an amount corresponding to the part of the Subscription performed up to the communication of his decision to withdraw. This amount will be proportionate to the total price of the Subscription concluded by the User.
If the User exercises his right of withdrawal, FAMILY & CO will reimburse the User using the same means of payment as the one used by the User when concluding the Subscription, unless FAMILY & CO expressly agrees to use another means of payment and insofar as this does not incur any costs for the User.
If the User exercises his right of withdrawal, the Subscription is automatically cancelled.
After initial registration for a paid subscription, you may be granted an initial free trial period ("Free Trial Period"). Certain features may not be available during the Free Trial Period, at the sole discretion of Family & Co. You may cancel your account at any time during the Free Trial Period to avoid additional charges. You are limited to one trial per account. If you do not cancel your account during the Free Trial Period, then at the end of the Free Trial Period, you will automatically be billed for the price of the subscription type you selected upon registration and will continue to be billed unless and until you cancel your subscription. You can cancel a subscription at any time by going to the Premium section in the FamilyWall application settings or on the Web and selecting "Unsubscribe".
Please note that if you have purchased a subscription via the Apple App Store or Google Play Store, you must also ensure that you cancel any recurring payments within these application stores.
In general, the User may only hold FAMILY & CO liable by proving misconduct on its part.
In any case, FAMILY & CO cannot be held responsible and no compensation will be due in the following cases:
The User acknowledges and expressly agrees to be personally responsible for any consequences, claims, remedies or actions relating to his use of the Service, including in respect of any contributions, information or content that he may publish on the Site and/or the Application, in particular concerning his account on the latter, or those to which he may have access on the Site.
The consumer is entitled to invoke the legal warranty of conformity in the event of the appearance of a lack of conformity during a period equal to the effective duration of the Subscription from the time of supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the Subscription period.
The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract with a full refund in exchange for relinquishing the digital content or digital service, if :
The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
When creating a user account on the Site or the Application, when taking out a Subscription, and more generally, when using the Services, the User is required to provide FAMILY & CO with personal information, which FAMILY & CO processes on its own behalf.
The manner in which FAMILY & CO treats the personal data collected from the User is specified in the privacy policy reproduced on the Site and the Application.
The actions carried out by the User on the Site or the Application at the time of the conclusion of the Subscription, in particular by which he accepts the present General Terms and Conditions or proceeds to the conclusion of the Subscription, are assimilated to the handwritten signature referred to in article 1367 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-2 et seq. of the Civil Code.
In accordance with article 1368 of the French Civil Code, the User accepts that the time-stamping elements implemented, the Site or Application procedures by which he/she expresses his/her consent (e.g. by ticking the corresponding boxes), and in general, all elements created and/or exchanged on the Site and/or Application (e.g. proof of connections, computer recordings and other identification elements), are admissible before the Courts and constitute proof of the data, elements and signatures, which they materialize, contain and/or are used as evidence of the User's identity: proof of connections, computer recordings and other identification elements), are admissible before the Courts and constitute proof of the data, elements and signatures that they materialize, contain and/or express.
In the event of the disappearance of one of the clauses of the present Terms and Conditions, notably following the application of a law or regulation or following a final decision by a competent court, the other stipulations of the present Terms and Conditions will retain all their force and scope.
The fact of not exercising, at any time, a prerogative recognized by the present General Terms and Conditions, or of not requiring the execution of any stipulation of the agreement resulting from the said terms and conditions, may in no case be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise the said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
These Terms and Conditions and the Subscription are governed by French law.
In accordance with articles L. 611-1 et seq. of the French Consumer Code, the User has the option of directly resorting to a conventional mediation procedure for any dispute that may arise with FAMILY & CO.
To this end, the User may have recourse to the service of the following mediator, notably the CMAP, which the user may contact here: https://www.cmap.fr/.
To use this mediation procedure, the User must first send his complaint to FAMILY & CO by registered letter with acknowledgement of receipt.
In the absence of a satisfactory response within one month, the User may refer the matter to the above-mentioned mediator in accordance with the procedures laid down by the latter.
This mediation is free of charge for the User, with the exception of any legal or expert fees, which will remain at the User's expense.
In accordance with article L. 611-2 of the French Consumer Code, the dispute cannot be examined by the mediator when :
The dispute may also be brought directly or, failing resolution through mediation, before the competent court in application of the rules of jurisdiction in force.