Terms of Use
1. Object
The “Gowwiz” application (hereinafter: the “Application”) offers its users (hereinafter: the “Users jetlag recovery programs (hereinafter together: the “Programs”) for destinations around the world.
The purpose of these general conditions is to define the terms and conditions of use of the services offered on the Application (hereinafter: the "Services") as well as to define the rights and obligations of the parties in his/her context.
They are accessible and printable at any timeby a direct link at the bottom of the plan screen in the Application.
They may be supplemented if necessary by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction prevail over the latter.2. Application and Services operator
The Application and the Services are operatedby Gowwiz EI, individual company , registered under n ° 881 731 657, whose registered office is located 32 rue Montcalm, 29200 Brest, France (hereinafter: "Gowwiz").
Gowwiz can be contacted at the following coordinates:
Postal address: 32 rue Montcalm, 29200 Brest, FranceTelephone: : +33(0)7 81 44 14 95
Email address: contact@gowwiz.com
3. Access to the Application and Services
3.1 Legal capacity
The Application and the Services areaccessible:
- To any person with full legal capacity to commit under these general conditions. People who do not have full legal capacity can only access the Application and Services with the agreement of their legal representative.- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
4. Acceptance of the general conditions
4.1. The acceptance of these general conditions by Users who register on the Application is materialised by clicking on the box I accept when logging in to the Application for the first time.
4.2. Acceptance of these general conditions can only be full. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these general conditions must not access the Application or use the Services.5. Description of Services
The User has access to the following Services, in a form and according to the functionalities and technical means that Gowwiz deems most appropriate.
5.1 Programs and Advice
The User benefits from access to the programs offered for him on the Application.
The User will thushave access to advices as well as to geo-localised information5.2. Other services
Gowwiz reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate for rendering said Services.6. Cost of the services
In order to access features andf unctionalities marked as Premium (“Premium”), Users have to pay a suscription fee or a single purchase. Subscription fees, along with any associated taxes, may be paid in advance on annual basis.
Gowwiz reserves the right to increase subscription fees or to institute new fees at any time upon reasonable advance notice.
6.1 Renewal
Subscription fees will be billed automatically at the start of the period. These fees will auto-renew until your subscription is canceled or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance.
6.2 Cancelation or termination
You may cancel your subscription at any time using the App Store or Google Play Store subscription process in your iOS or Android profile. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will revert to a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
6.3 Free Trials
Your subscription may start with a free trial.
6.4 Payments Methods
Subscriptions may be paid directly via the AppStore or Google Play Store.7. Evidence agreement
The User expressly recognises andaccepts:
(i) that the data collected on the Gowwiz Application and IT equipment is proof of the reality of the operations carried out within
the framework of the present, (ii) that his/her data constitutes the mainmethod of proof accepted between the parties, in particular for the calculation of the sums due to Gowwiz. The User can access his/her data in his/her Personal Space.
8. Obligations of the User
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
8.1. The User undertakes, in his/her useof the Services, to comply with the laws and regulations in force, and not to infringe the rights of third parties or public order.
8.2. The User acknowledges having read theApplication of the characteristics and constraints, including technical, of all
the Services. he/she is solely responsible for his/her use of the Services.
8.3. The User also undertakes to:
- Use the Application with caution and discernment.- Inform Gowwiz of any error of which it becomes aware as well as of any comment with a view to improving the Application.
8.4. The User undertakes to make strictly personal use of the Services. he/she therefore refrains from assigning, conceding or transferring all or part of his/her rights or obligations hereunder to anyone, in any way whatsoever.
8.5. Jet lag recovery information is provided based on user. Given these constraints, the User acknowledges that the data and information provided by Gowwiz within the framework of the Application are for information only and accepts that the responsibility for Gowwiz cannot be engaged due to the inaccuracy or the 'imprecision of certain data or information.
8.6. The Application is a tool to help manage jet lag but can in no way replace the judgment of the User who, depending on the real context, must assess himself the opportunity not to follow recommendations and advice or exercises suggested by the Application and/ or the recommended equipment. Gowwiz has no control over the behaviour of the User and cannot therefore be held liable for his/her fact.
8.7. The User declares to understand the limitslinked to the GPS system. Transmissions and receptions can be limited by:
- The operation of satellite systems and earth stations;- Operation of the User's smartphone;
- Weather and atmospheric conditions, environmental and magnetic interference;
- The quality of the smartphone and / or its GPS functionality.
- The User acknowledges that the GPS signal isaccurate to within 10 (ten) meters and that it is his/her responsibility to
assess the consequences and possible risks of his/her technical constraint.
8.8. The User agrees to provide Gowwiz withall the information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with Gowwiz with a view to the proper execution of these conditions.
8.9. The User is solely responsible for content of all kinds (editorial, graphics, audio, audiovisual or other, including the name chosen by the User to identify it on the Application) that he/she distributes as part of the Services (hereinafter referred to as "Content").
It guarantees to Gowwiz that it has all therights and authorisations necessary for the dissemination of his/her Content.
He undertakes that said Content is lawful, doesnot prejudice public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to jeopardise Gowwiz's civil or criminal liability.
The User thus refrains from distributing, inparticular and without his/her list being exhaustive:
Content that is pornographic, obscene,indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist, Counterfeit Content, Content that infringes the image of a third party, untruthful, deceptive or proposing or promoting illegal, fraudulent or deceptive activities, Content harmful to third party computer systems (such as viruses, worms, Trojans, etc.), and more generally Content likely to infringe the rights of third parties or to be prejudicial to, in any way and in any form whatsoever.
8.9. The User is informed and accepts that theimplementation of the Services requires that he/she be connected to the internet and that the quality of the Services depends directly on his/her connection, for which he/she is solely responsible.
9. User Guarantee
The User guarantees Gowwiz against any complaints, claims, actions and / or any claims that Gowwiz may suffer as a result of the violation by the User of any of its obligations or guarantees under these terms and conditions.
He undertakes to indemnify Gowwiz for anydamage it would suffer and to pay it all costs, charges and / or convictions that it may have to bear as a result.10. Prohibited behaviours
10.1. It is strictly prohibited touse the Services for the following purposes:
the exercise of illegal, fraudulent activities or activities which infringe the rights or the safety of,- breach of public order or violation of applicable laws and regulations,
- intrusion into a computer system or any activity likely to harm, control, interfere, or intercept all or part of a computer system, violate its integrity or security,
- sending unsolicited emails and / or prospecting or commercial solicitation,
- manipulations intended to improve the referencing of a third party site,
- the use of the Application to distribute information or redirecting links to a third party site,
- assistance or incitement, in any form and in any way, to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
10.2. It is strictly forbidden for Usersto copy and / or divert for their purposes or those of the concept, technologies, all or part of the data or any other element of the Gowwiz Application.
10.3. The following are alsostrictly prohibited:
(i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Gowwiz systems, (iii) any misappropriation of Application system resources, ( iv) all actions likely to impose a disproportionate burden on the latter's infrastructure, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe financial, commercial or moral of Gowwiz or the users of its Application, and finally more generally (vii) any breach of these general conditions.
10.4. It is strictly forbidden tomonetise, sell or grant all or part of the access to the Services or the Application, as well as to the information which is hosted and / or shared there.11. Penalties for breaches
In the event of a breach of any of theprovisions of these general conditions or more generally, of a violation of the laws and regulations in force by a User, Gowwiz reserves the right to take any appropriate measure and in particular to:
(i) suspend or remove access to the UserServices, author of the breach or offense, or having participated in it, (ii) delete any content posted on the Application, (iii) publish on the Application any information message that Gowwiz deems useful, (iv) notify any relevant authority, (v) initiate any legal action.12. Gowwiz’s responsibility and guarantee
12.1. Gowwiz undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users recognise and expressly accept.
12.2. Gowwiz is not aware of theContent posted by Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and in which it only intervenes as a hosting provider.
Consequently, Gowwiz cannot be held responsible for the Content, the authors of which are, any possible complaint should be directed first to the author of the Content in question.
Content prejudicial to a person may be notifiedto Gowwiz in the manner provided for by article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, Gowwiz reserves the right to take the measures described in the article "Penalties for
breaches".
12.3. Gowwiz undertakes to carry out regular checks to verify the operation and accessibility of the Application. As such, Gowwiz
reserves the right to temporarily interrupt access to the Application for maintenance reasons. Gowwiz cannot be held responsible for temporary difficulties or impossibilities of access to the Application which arise from circumstances external to it, force majeure, or which are due to disruptions in the telecommunications networks.
12.4. Gowwiz does not guarantee to Users(i) that the Services, subject to constant research to improve performance and progress in particular, will be completely free from errors, vices or defects, (ii) that the Services, being standard and not offered at the sole intention of a given User according to his/her own personal constraints, will specifically meet his/her needs and expectations.
12.5. In any event, the liability likelyto be incurred by Gowwiz in respect of present is expressly limited to only proven direct damage suffered by the User.13. Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by Gowwiz within the Application are protected by all intellectual property rights or rights of producers of
databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Gowwiz are strictly prohibited and may be subject to legal proceedings.
14. Personal data
Gowwiz has a personal data protectionpolicy, available from the bottom of this page, and of which the User is expressly invited to take note.15. Confidentiality
Each party undertakes to keep thedocuments, elements, data and information of the other party to which it is addressed strictly confidential, which will be expressly identified by the other party as confidential. With regard to Gowwiz, the parties alread expressly agree that his/her confidentiality obligation covers the personal data that Gowwiz will have to process for the User in the context of the Services. All of his/her information is referred to below as "Confidential Information".
The party receiving Confidential Informationundertakes not to disclose it without the other party's prior agreement, for a period of five (5) years from the end of the performance of the Services concerned. It can only transmit them to employees, collaborators, trainees or advisers if they are bound by the same confidentiality obligation as that provided for herein.
His/her obligation does not extend todocuments, elements, data and information:
(i) of which the party receiving them wasalready aware; (ii) already public at the time of theircommunication or which would become so without violation of these general conditions; (iii) which have been lawfully received fromsomeone; (iv) whose communication would be required bythe judicial authorities, in application of laws and regulations or with a view to establishing the rights of a party under these general conditions.
16. Publicity
Gowwiz reserves the right to insert onany page of the Application and in any communication to Users any advertising or promotional messages in a form and under conditions of which Gowwiz will be the sole judge.17. Third Party Links and Sites
Gowwiz cannot in any case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the User would access via the Application.
Gowwiz does not accept any responsibility forthe content, advertising, products and / or services available on such sites and mobile applications, ers which are reminded that they are governed by their own conditions of use.
Gowwiz is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User is directed through the Application and cannot in any way case be party to some possible litigation whatsoever with these, ers concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these, ers are held.18. Commercial references
The User expressly authorises Gowwiz tocite it and to use, where appropriate, the reproduction of its brand or logo as commercial references, in particular at demonstrations or events, in its commercial documents and on its website, under whatever form.19. Modifications
Gowwiz reserves the right to modify thesegeneral conditions at any time.
The User will be informed of thesemodifications by any useful means.
Any User who uses the Services after the entryinto force of the modified general conditions is deemed to have accepted these modifications.20. Language
In the event of a translation of thesegeneral conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.21. Mediation
The User has the right to have freerecourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to Gowwiz, under the conditions provided for in articles L611-1 and following and R152-1 et seq. Of the Consumer Code.
He can contact the following consumer mediatorfor his/her purpose:
Mediation and friendly settlement center forbailiffs (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 ParisEmail address: contact@medicys.fr
Phone: +33 1 49 70 15 93
http://www.medicys.fr/index.php/consommateurs/
In the event of a complaint possibly made by a European consumer, who has not found an amicable solution with Gowwiz custumer service, said consumer may use the European platform for the settlement of consumer law disputes accessible at the following url address : http://webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show &lng = FR22. Applicable law and jurisdiction
These general conditions are governed by Frenchlaw.In the event of a dispute over the validity,interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless there are mandatory imperative rules of procedure.