Terms of service
 Mobile app & mão boa website

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1. Preamble

Mao boa offers Users several Services aimed at supporting impact projects through the realization of #forgood challenges. The use of the Application, the Web Platform and the Website ("the Services") implies the User's unreserved acceptance of these General Terms and Conditions of Use (hereinafter the "GTU"), as well as compliance with the legal and regulatory provisions in force.

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Mao boa may modify or correct these T&Cs to adapt them to the needs of Users, to changes in regulations or when Mao boa chooses to develop the Services.

 

It is up to each User to carefully read these General Conditions of Use as well as, where applicable, their successive versions, before any access to the Services. For any information or questions concerning these T&Cs, the User may contact Mao boa at the following e-mail address: care@maoboa.co

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2. Purpose

The purpose of these General Terms and Conditions of Use is to define the terms and conditions of use of the Services.

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3. Definitions

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• Application: designates the mobile Application published by Mao boa and downloaded by the User on his Equipment via the platforms provided for this purpose (Apple or Google). The Application helps the User to be an actor in the impact of his company, to support a project of his choice through the realization of challenges and to exchange with the members of his team in order to develop the feeling of membership in the organization employing the User.

• CGU: refers to these General Conditions of Use.

• Content: generally refers to the Information published by Mao boa on its Website, by email, in the Web Platform or in the Application (in this includes the Functionalities of the Application or the Web Platform).

• Personal data: refers to any information that directly or indirectly identifies a natural person, within the meaning of the applicable regulations on the protection of personal data.

• Equipment: refers to the User's compatible and connected computer equipment allowing access to the Services. The User is solely responsible for the configuration and compatibility of his Equipment.

• Features: refers to the various features provided in the Application, the Web Platform and the Website, for example: access to challenges, definition and monitoring of the CO2 impact, progress monitoring dashboard, statistics, access to Information, access to the news feed and shared content.

• Information: designates any advice, recommendation or information published by Mao boa, the company and the partner associations within the framework of the Services.

• Mao boa: refers to the publisher of the Application, the Web Platform and the Website and the supplier of the Services, i.e. the company Mao boa, Société par Actions Simplifiées Unipersonnelle with capital of €10,000, whose registered office company is located at 30 avenue de Toulon, 13006 Marseille registered in the commercial register
  and Marseille companies under RCS number 853 322 733.

• Web Platform: refers to the Web Platform published by Mao boa. The Web Platform makes it possible to help the User to be an actor of the impact of his company, to support a project of his choice through the realization of challenges and to exchange with the members of his team in order to develop the feeling of belonging to
  within the organization employing the User.

• Applicable Regulations: means (i) EU Regulation 2016/679, adopted on 27
  April 2016 (“GDPR”), (ii) Directive 2002/58/EC of July 12, 2002 (the “e-Privacy Directive”), and any legislation replacing the GDPR and the e Privacy Directive, (iii) any law, personal data protection statute or regulation of a member state of the European Union (“EU”), which may apply to either Party in connection with its data processing activities or its establishment in the EU, iv) as well as decisions adopted by an authorized judicial or administrative authority of an EU Member State which directly bind one of the Parties by reason of its IT activities or its establishment in the EU.

• Services: refers to the various services offered by Mao boa and subject of these T&Cs, i.e.: the Application, the Web Platform and the Website.

• Website: refers to the website published by Mao boa, accessible at the following address: https://www.maoboa.co/

• User: refers to the natural person using the Services

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4. Legal notices

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The Application, the Web Platform and the Website are published by the company Mao boa, Société par Actions Simplifiées Unipersonnelle with capital of €10,000, whose head office is located at 30 avenue de Toulon, 13006 Marseille registered in the commercial register and Marseille companies under the RCS number 853 322 733

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Correspondence email address: care@maoboa.co

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Telephone details: 07 83 95 23 59

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Intra-community VAT number: FR83853322733

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The publication director is Maxime Marchand, founder

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The service provider hosting the Application is ONLINE SAS, BP 438 75366 PARIS CEDEX 08, whose telephone numbers are: 01 84 13 00 00.

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The service provider hosting the Website is OVH SAS, 2 rue Kellermann, 59100 Roubaix, whose telephone numbers are: 09 72 10 00 70.

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5. Acces to services

 

The Services are reserved for personal and non-commercial use by Users over the age of 18.

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The User acknowledges having the skills, equipment and means necessary to use the Services. The User guarantees to have verified that the Equipment he uses does not contain any virus and that it is in perfect working order.

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To be able to use Mao boa's Services via the Application, the Web Platform or the Website, the User is invited to enter his email address, surname, first name, then choose a secure password. This username and password are strictly personal and confidential. The User is invited to change his password regularly. In the event of loss or theft, or in the event of use by an unauthorized third party, the User must inform Mao boa without delay. Mao boa is not liable for damages resulting from access to the Application by unauthorized third parties due to the illicit use of the password.

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If the User has forgotten or wishes to change his password, he must click on the “Connection” button then on the “Forgot password” link to generate a new password. If the User discovers or has reason to believe that his password is known to someone else, or that it is being used or likely to be used in an unauthorized manner, he must inform Mao boa immediately. by sending an e-mail to the address indicated in Article 4.

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Once his account is created, the User can then browse the Application, the Web Platform or the Website and access its Content.

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The User may unsubscribe from the Application or the Web Platform at any time by deleting his account by going to his profile page. Any unsubscription will take effect immediately. Uninstalling the Application from the Equipment does not lead to the deletion of the account.

Mao boa may delete at any time, without notice and permanently the account of a User who does not respect the rules laid down by these General Conditions.

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As a general rule, it is possible to have access to the Services offered by 24 hours a day and 7 days a week. However, Mao boa is entitled, at its sole discretion, to suspend, interrupt or prohibit the access to all or part of the Services, or may be confronted with the following cases which may produce the same effects: force majeure, computer problems, difficulties related to the structure of the telecommunications network or technical difficulties, maintenance, acts of a third party or the User himself and/or his Equipment, or more generally any other event beyond his control. Thus, Mao boa cannot be held responsible in the event of unavailability of the Services for any reason whatsoever.

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The User is prohibited:

• To fraudulently access or remain in the Application, the Web Platform or the Website, to hinder or alter the operation of these, in particular by introducing viruses or any other program likely to cause damage to Mao boa and/or harm Mao boa's data;

• To use the Services for an illicit, illegal, malicious or discriminatory purpose;

• To interfere with the proper functioning of the Services.

 

To collect information relating to other Users, or to harm the other Users, directly or indirectly.

Mao boa reserves the right to modify or discontinue temporarily or permanently, all or part of the Services. As far as possible, Mao boa will notify the User prior to these actions.

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6. Service content

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Any Information published by Mao boa within the framework of the Services is provided without any guarantee. The sources of the information disseminated within the framework of the Services are deemed reliable but Mao boa does not guarantee that they are free from faults, errors or omissions.

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The information provided is presented for information and general purposes without contractual value.

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Despite regular updates, Mao boa cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, the site cannot be held responsible for the use and interpretation of the information contained in the Application, the Web Platform or the Website.

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Information published as part of the Services, including that published by Users, may be deleted by Mao boa at any time.

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7. Publication of content by the User

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The User is solely responsible for the content he publishes. Each User must be aware that his actions and publications are likely to engage his personal liability. It is specified for all purposes that Mao boa in its capacity as host of the social network within the meaning of the provisions of law n ° 2004-575 of June 21, 2004, cannot be responsible for the content published by Users, on which Mao boa does not exercise any power of control and monitoring.

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Nevertheless, a posteriori control of publications may be carried out by Mao boa, who may delete or modify without notice all or part of a publication which does not meet the requirements mentioned above.

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When publishing content, the User must therefore ensure that:

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• Respect the intellectual property rights of third parties, do not disseminate
  content protected by intellectual property rights and for which the User has not obtained prior and explicit authorization from the rights holder;

• Do nothing that could undermine the dignity of the human person by publishing comments that are illegal, racist, malicious, threatening, harassing, provocative, abusive, misleading, defamatory, violent, discriminatory, homophobic, child pornography, pornographic , xenophobic, revisionist, Holocaust denier, racist or sectarian, inciting the commission of an offense or a crime, contrary to morality and, in general, illicit remarks contrary to public order or the regulations in force ;

• Do not infringe the privacy of others or the right to the image, do not collect, record, publish or disclose personal data;

• Not post any content that is unlawful, inaccurate, misleading or misleading, or that contains advertising, commercial solicitations or any other form of solicitation;

• Not to denigrate Mao boa, the organization of which the User is employed as well as the associations carrying the project supported by the Users nor to damage their reputation.

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Mao boa makes it easy to report any inappropriate content or contravene our Internal Policy on Prohibited Content.

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A report button is available for each content published in the news feed. This is the fastest way to bring inappropriate content to our attention. Our team reviews all reported content 24 hours a day, 7 days a week. We are committed to addressing reports of inappropriate content within 24 hours. If after analysis, our team deems the content inappropriate, it is deleted. A message is then automatically sent to the User who originated the content.

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Users can also report to Mao boa any broadcast message that contravenes the rules set out above by contacting  the e-mail address care@maoboa.co

 

Mao boa is not responsible for any disputes that may arise between the different Users of the Services.

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8. Intellectual property

 

The Application, the Web Platform and the Website are the full, entire and exclusive property of Mao boa, as well as each of the elements that compose them, in particular the following elements, without this list being exhaustive: the general architecture, the

design, graphics, animations, programs, Functions, Content, texts, data, images, sounds, videos, databases, etc.

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The use of the Services is authorized only in the professional context. Any use outside this framework, and in particular for commercial purposes, is expressly prohibited.

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Mao boa grants the User a simple right to use the Application, the Web Platform and the Website, non-transferable, non-exclusive, for their sole needs and strictly limited to the destination of the Services.

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These elements are protected by intellectual property rights such as, in particular, copyright, trademark rights or the rights of database producers.

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Any unauthorized use, total or partial reproduction, copy, exploitation, downloading, display, modification, translation, publication, adaptation, transmission, or distribution of all or part of the Services in any form whatsoever, by any means or on any medium , whether free or not, is prohibited.

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The User is strictly prohibited, in particular:

• To permanently or temporarily reproduce the Services in whole or in part,
  by any means and in any form. There is no right to delivery or publication of the source code of the Application, the Web Platform or the Website;

• To decompile the Application, the Web Platform or the Website, to use the Services for a purpose other than the subject of these T&Cs and in particular for the purpose of creating, developing and/or distributing competing products and services, or create a derivative work;

• To intervene or have a third party intervene on the Services.
  Any use not authorized hereunder is unlawful and will engage the
  responsibility of the User.
  In the same way, any total or partial reproduction of the brand and the logo of Mao boa which would be made without its express authorization is prohibited.
  The User grants Mao boa the irrevocable and free right to exploit the content published by the User. Mao boa becomes the owner of this content as of its publication by the User, and will proceed as such with all the rights of reproduction, representation and exploitation attached thereto, allowing it in particular to reuse this content for any purpose, including including commercial, and this without the User being able to claim any remuneration, for the whole world, on any medium and without limitation of duration.

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9. Personal data

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Mao boa undertakes to protect the User's Personal Data in accordance with the applicable Regulations and under the conditions detailed in the privacy policy appearing in the corresponding sections of the Application, the Web Platform and the Website.

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10. Liability

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The Services are provided as is, without any warranty. The Use of the Services, the Information and more generally the Content is carried out under the sole control, direction and responsibility of the User, at his own risk. The User is therefore the sole master of the proper use of the Content. The use of this Content by the User or a third party can in no way engage the responsibility of Mao boa, for any reason whatsoever.

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Mao boa makes every effort to provide Users with available and verified Information but cannot guarantee its integrity, completeness, accuracy and updating. Mao boa does not guarantee that the Services will not be interrupted.

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Mao boa has no power to control the veracity of the information transmitted by the Users for the creation of the User Account. Consequently, Mao boa cannot be held responsible for false declarations or identity theft made by Users. Users undertake to provide Mao boa with exact information updated according to their modifications over time.

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Mao boa is the publisher of the Services only and is therefore not liable for damages resulting from the fault or negligence of third parties, in particular:

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Third-party applications or any other third parties that provide services associated with the Application;

Platforms that the User uses to download the Mao boa Application (in particular, iTunes, AppStore or Google Play).

Mao boa does not manage, publish, operate or be affiliated with these third parties. The User is therefore invited to consult the general conditions and privacy policies available on the websites or applications of these third parties. Accordingly, Mao boa declines all responsibility for the content and use of these third-party websites and applications.

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Mao boa cannot be responsible for:

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• Possible impossibilities of access to the Services, malfunctions,
  interruptions, lack of availability or even poor conditions of use, attributable to unsuitable Equipment, internal malfunctions of the User's access provider, congestion on the Internet network, or for any other reasons external to Mao boa and/or outside of its control;

• Breaches of computer security that may cause damage to Users' Equipment and their data (destruction or deterioration), or even malicious intrusions by third parties into this Equipment, despite the security measures put in place by the User and Mao boa and any other third party involved for the purposes of providing the Services;

• The incompatibility of the Equipment or the User's functionalities or the damage that the User's Equipment may suffer, these being the sole responsibility of the latter;

• Hypertext links, if any, present in the Services and referring to third-party sites or applications;

• Possible misappropriation of passwords, confidential codes, and more generally of any information of a sensitive nature for the User;

• For any damage caused by an interruption or reduction in service by the telecommunications operator, the electricity supplier, or in the event of force majeure.

• Translation errors.
  In general, Mao boa acts on the basis of an obligation of means, and is only liable for the repair of direct and proven damages suffered by the User, on the condition that (i) the latter has complied with the the entirety of the provisions of these T&Cs and the T&Cs, if applicable, and (ii) that it demonstrates that such damage is the consequence of a breach exclusively and directly attributable to Mao boa.

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11. FAQs

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For any additional information concerning the Services, the User is invited to consult the Mao boa FAQ available on the Application or the Web Platform and the Website in the “profile” section.

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12. Applicable law

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Any dispute in connection with the use of the Services is subject to French law. This is the case for the rules of substance as well as for the rules of form, whatever the location of the damage, the number of defendants, even for emergency procedures or protective procedures, in summary proceedings or by motion. French courts will be competent for Users located on French territory.

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