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MEL'CONNECT GENERAL TERMS OF USE

 

1 - FOREWORD

 

The general terms of use apply to a user (hereinafter the "User") of the website www.melconnect.fr (hereinafter the "Website") and the mobile app that can be downloaded to a smartphone from the App Store or Google Play (hereinafter the "App"), operated by the company Ocedis SASU, a simplified joint-stock company with a share capital of €4,750,000, whose registered office is located at 69 allée des Peupliers - ZI de Fétan, Trévoux (01600), France registered with the Bourg-en-Bresse Trade and Companies Register under the number 448 639 575 ("Ocedis").

The Website is accessible to Users who are private individuals or professionals.

The App is reserved for any natural person with a compatible mobile device.

The notion of use of the Website includes all operations carried out by the User upon accessing the Website, including:

  • simple consultation of the Website, regardless of the device used (i.e. PC, tablet and Smartphone), the type of connection (private connection, third party connection or public Wi-Fi) and the place of connection (from France or abroad),
  • browsing on the Website, and
  • registration on the Website, the creation of a customer account and use of Mel'connect’s services.

The notion of use of the App includes all operations carried out by the User when they access the App after downloading it.

Use of the Website and/or the App implies acceptance without reservation by the User of these general terms of use. These terms of use are subject to change.

 

2 - PURPOSE OF THE WEBSITE AND APP AND FEATURES PROPOSED

 

The Website and the App enable the User to:

  • Discover the items and services in the Mel'connect range, a range of connected products for swimming pools;
  • Access the Mel'connect retailer network;
  • Access their own consumption data, analysis results and the various pool management tools (in the App and on the web platform www.pool.melconnect.fr).

Not all features available on the Website and App are listed. These features are subject to change in line with technical and IT developments and the needs of Users.

 

3- CONDITIONS OF USE FOR THE WEBSITE AND APP

 

The Website can be accessed and the App downloaded free of charge. Mobile phone subscription, connection, downloading and Internet access charges billed by the telecommunications operator are at the User's expense. Ocedis grants the right to use the services on the Website and App on an individual, non-exclusive and non-transferable basis.

Certain services offered by the Website and the App may require the creation of a customer account through which the User can access the information made available to them by Ocedis (information about Mel'connect products and product features, their location, water quality analyses, consumption of maintenance products, average water temperature and quality, etc.).

Some of these services will require that the User communicate information enabling them to be identified.

Thus, in order to use these services, the User must create a customer account and provide Ocedis with the information requested.

The procedure for registering for the service includes the following steps:

  • Step 1: the User must provide information enabling them to be identified,
  • Step 2: the User selects the Mel'connect modules they wish to use,
  • Step 3: the User configures their pool on the App,

The User undertakes to transmit accurate and complete data on their identity and shall refrain from usurping the identity of any third party. Otherwise, Ocedis reserves the right not to confirm the account concerned or to suspend or delete the said account.

 

4 - USER ACCOUNT, PASSWORD AND SECURITY

 

The User will be able to access their customer account by entering their login and password.

The login and password are strictly confidential and reserved for the personal use of the User, who undertakes not to communicate them to any third party.

The User is solely responsible for keeping their registration data confidential, along with the login and password they choose when registering for the service. The User undertakes to take all useful steps required to keep this information confidential. The customer undertakes to immediately inform Ocedis of any unauthorised use of their service identifier, password or registration data, and more generally of any breach of security of which they may become aware.

 

5 - DELETION OF THE CUSTOMER AREA

 

The User must get in touch with customer service to delete their customer area.

 

6 - INTELLECTUAL PROPERTY

 

The content of the Website and the App are protected by intellectual property and copyright provisions which apply to the Website and App’s designs and models, trademarks, domain names, patents, know-how, software or databases. Ocedis remains the owner of all the aforementioned content and associated rights.

The User must not use any Website or App content for commercial purposes without having obtained a specific license from Ocedis or its retailers authorising them to do so.

 

7 - CONNECTION AND NAVIGATION DATA AND COOKIES

 

Cookies are used to gather information on how the User browses the Website or App. No information that could personally identify the User is kept. Only a single session record is maintained, enabling the User to retrieve their browsing preferences on their next visit.

The provisions relating to processing this data are set out in the “Personal Data & Cookies” section of the Website and App.

 

8 - GEOLOCATION DATA

 

The User's mobile device can be geolocated only on condition that the User has given their consent for this and that they do not subsequently object to it.

A banner will be displayed: "Do you authorise Ocedis to use your geolocation data?" and the User will then have to confirm their consent or not. This message will only be displayed on the first visit to the Website or App or if the geolocation service is blocked in the settings on the User's mobile device.

Once the User's consent to geolocation has been obtained, the App will record the geolocation data each time the User logs on to the App.

 

9 - LIABILITY

 

The User is fully responsible for consulting and using the Website and the App.

The Website may contain links to third party websites. By clicking on these links, the User acknowledges that Ocedis gives no guarantees as to the content thereon, and the User therefore agrees to access them at their own risk.

The content appearing on our Website and on the App is provided for information purposes only. It is not intended to provide advice that the User should rely on. It is incumbent upon the User to obtain professional or specialist advice before acting or deciding not to act based on the content appearing on the Website or the App.

Consequently, Ocedis cannot be held liable for any losses resulting from access to and/or use of the Website or the App and the information they contain.

The User is furthermore informed that Ocedis may be required to temporarily interrupt access to the Website or the App for technical reasons, in particular for maintenance purposes. The User accepts these interruptions and waives any claim in this regard. Use of the Website or the App by the User implies awareness and acceptance of the characteristics and limits of the technologies inherent to the Internet, in particular regarding response times for consulting or querying the server hosting the Website or the App, technical performance, risks of interruption and, more generally, any risk incurred in the course of data transmission.

Consequently, Ocedis may under no circumstances be held liable for the following, without this list being exhaustive:

  • Any information consulted on the Website or on the App that is not put online by Ocedis,
  • Any network malfunction preventing the proper operation of the Website or the App,
  • Any loss of any data,
  • The consequences of any computer virus, bug, anomaly or failure.

 

10 - LINKS TO THE WEBSITE

 

If you wish to use the content on the Website or the App, you must first obtain authorisation from Ocedis at the following address
: monassistantpiscine@melconnect.fr

 

11 - COMPLETENESS

 

If one or more stipulations in these general terms of use are declared null and void by virtue of any law, regulation or following a final judicial or administrative ruling, the other stipulations shall retain their validity and scope. Ocedis will make its best efforts to replace the said stipulation(s) as soon as possible with one or more valid stipulations that are as close as possible to the spirit of the current stipulation(s). The fact of one of the parties not demanding the enforcement of any clause in these terms of use, either permanently or temporarily, shall in no way be considered as a waiver of the said clause.

 

12 - APPLICABLE LAW / DISPUTES

 

These general terms of use are governed by French law.