Livv general terms and conditions of sale
VOGEL DIGITAL (hereinafter, the "Publisher") provides, on its online platform LIVV (hereinafter, the "Platform"), a search tool including, specifically, judgments rendered by French and European courts, French legislative and regulatory provisions, European legislation and material as well as all the works written by Louis and Joseph VOGEL in French and English, and intended for legal professionals (hereinafter, the "Services").
PRELIMINARY ARTICLE - DEFINITIONS:
The terms used in these General Terms and Conditions (hereinafter, the "T&CS") are defined in this article:
- Subscription: subscription by the Customer for a fixed period, in return for payment of an agreed price, to the Services offered by the Publisher, the content of which is specified in the contractual documents communicated at the time of subscription and which is the subject of the opening of a customer account.
- Subscription form: paper or online form to be filled in by the Customer to place an Order and subscribe to the Services.
- Customer: any natural or legal person who has access to the Platform and has subscribed to the Services as a Professional for himself and/or on behalf of his/her users.
- Order: any request for a Subscription not yet accepted by the Publisher.
- Personal data: any information that makes it possible to identify a natural person, either directly (such as surname and forename, date of birth, place of residence, social security number, etc.) or indirectly, and in particular by reference to elements that are specific to him or her (a telephone number, an IP address, one or more specific elements relating to physical, physiological, genetic, economic, cultural or social identity, the professional position held, geographical location data, etc.).
- Party(ies): the Publisher and/or the Customer ;
- Platform : tool put on line by VOGEL DIGITAL as referred to and detailed in the Preamble and support of the Services.
- Professional: any natural or legal person, public or private, who acts for purposes relating to his/her professional activity. Professionals include lawyers, magistrates and judges, corporate lawyers, court clerks, bailiffs, notaries and university professors.
- Services: all products and services offered by the Publisher in return for payment of an agreed price, as referred to and detailed in the Preamble.
- User: any natural person who is an employee or who works as a self-employed person, corporate officer, employee or trainee of the Customer, authorized by the contractual documents to use the Service as part of the Subscription taken out by the Customer.
ARTICLE 1 - GENERAL PROVISIONS
Article 1.1 - Scope of the T&CS
These Terms and Conditions of Sale, drawn up in accordance with Article L. 441-1 of the French Commercial Code, apply to all sales of the Publisher's Services. The information contained in any other document whatsoever is only indicative, with the exception of any special terms expressly agreed by the Publisher, which shall prevail in the event of any dispute.
The purpose of these T&Cs is to set out the terms and conditions under which the Publisher provides the Service to the Customer in return for payment of the agreed price and the Customer's compliance with its obligations in relation to the use of the Services.
Article 1.2 - Enforceability of the T&CS
The General Terms and Conditions are communicated to the Customer at the time of any Order, are available upon request and are available on the LIVV website. The Terms and Conditions are binding on the Customer and the User, who acknowledge that they have read them and expressly accept them without reservation when placing an Order, even before subscribing.
Article 1.3 - Modification of the T&CS
These T&CS may be modified at any time, without any other formality than the posting of a new modified version.
The latest version overrides all previous versions.
ARTICLE 2 - PRESENTATION OF SERVICES AND SUBSCRIPTION TERMS
Article 2.1 - The Platform Services
The Publisher offers the following Service:
- A search tool: this is a search engine by key word within a documentary collection including (i) judgments rendered by French and European courts and authorities (whatever the level of jurisdiction), (ii) analyses of these judgments, (iii) French legislative and regulatory provisions, (iv) European law texts as well as (v) the entire collection of works by Louis and Joseph VOGEL in French and English;
- A thematic map: this is a new graphic navigator for browsing the Platform.
- A legal source detection tool ("Vogel Legal Tracker"): this is a research and analysis assistant that automatically detects the legal sources cited in a document (case law and legislation) and searches them in the Platform, as well as suggesting relevant information and content.
Section 2.2 - Terms and Conditions of Subscription to the Publisher's Services
Access to the Publisher's Services is subject to verification of the Customer's identity and, where applicable, the identity of its users and validation of the customer's account. The Publisher reserves the right not to validate a customer account without providing justification.
Registration under a false name, impersonation and registration with false contact details, generic details or with a false professional status are strictly prohibited and may justify the suspension of access to the Services without compensation or refund.
The Subscription is concluded intuitu personae for use exclusively for the Customer's internal use. The Customer shall not transfer the Subscription and/or any rights and obligations arising therefrom to a third party by any means whatsoever.
Article 2.3 - Terms and conditions of the Subscription and access to Services
2.3.1. The Publisher offers several types of Subscriptions that allow the Customer to access the Services, as defined in section 2.1. of these T&Cs, in return for payment of an agreed price.
2.3.2. The Customer shall use its business e-mail address and set its own password to access the Publisher's Services.
These identification elements are strictly personal, confidential and non-transferable. In order to respect the confidentiality of these identification elements, the Customer undertakes not to transmit these identification elements to anyone, and to notify the Publisher without delay in the event of loss and/or theft of these identification elements.
The Customer has access to the Platform and access to the Services within the predefined framework of the Subscription to which it has subscribed. The Customer can manage his customer account via the "My profile" tab.
2.3.3. A Customer who has chosen to take out a Subscription will be able to create several User accounts, provided that he has chosen a Subscription that includes the number of Users created.
2.3.4. The Publisher offers any interested person the opportunity to create a free trial account with a specified period of time in which to convince themselves of the quality of the Publisher's Services. This free trial account must be validated by the Publisher prior to use in accordance with clause 2.2. of these Terms and Conditions.
This free trial account is activated for a period of fifteen (15) days from the day of its creation. This trial is non-renewable and only one trial account can be created per person.
Outside the trial period, access to the Services is subject to the subscription of a Subscription.
Article 2.4 - Duration of the Subscription
2.4.1. Access to the Services is subscribed to for a period specified in the Subscription.
2.4.2. At the end of the agreed period, and in order to avoid any discontinuity in the provision of Services, Subscriptions are automatically and tacitly renewed for the same period, unless written notice of termination is given by registered letter with acknowledgement of receipt and subject to compliance with the notice period stipulated in the current Subscription. The letter must be sent to the company's head office at the following address: 30, Avenue d'Iéna 75116 Paris.
Article 2.5 - Termination of the Subscription
2.5.1. Termination at the Publisher's initiative
2.5.2. Termination at the Customer's initiative
The Customer may terminate the Subscription to which he/she has subscribed by registered letter with acknowledgement of receipt received no later than one (1) month before the expiry of the current Subscription. The letter must be sent to the company's head office at the following address: 30, Avenue d'Iéna 75116 Paris.
ARTICLE 3 - ORDERING
The Customer places an order with the Publisher by means of a Subscription Form which is communicated to the Customer at the time of Subscription.
The natural person signing the Subscription Form commits the Customer as a legal entity and the latter guarantees that this person is entitled to conclude the contract with the Publisher.
Any Order implies acceptance of the prices in effect on the date of the Order and of the description of the Services.
As soon as the Order is placed and accepted by the Publisher, an access code is sent by e-mail to the Customer and/or Users.
ARTICLE 4 - PRICING CONDITIONS
Article 4.1 - Prices
All prices invoiced to the Customer are those in effect on the date the Order is placed or the Subscription is renewed, less any applicable discounts, rebates and discounts.
All prices quoted by the Publisher are in Euros excluding VAT.
All invoices will be sent to the Customer by any means.
Article 4.2 - Method of payment
Payment of the Subscription shall be made in cash upon receipt of the invoice and at the latest on the payment date indicated on the invoice, without discount, by bank transfer using the bank account details provided at the time of subscription or by cheque made out to "VOGEL DIGITAL", or by any other means agreed with the Client.
Article 4.3 - Late payment and non-payment
In the absence of payment on the agreed due date and without the need for a reminder letter, the Customer shall be charged late payment penalties equal to three (3) times the legal interest rate in force on the date of the Order as from the first day of delay.
The Customer who is in arrears with his payment is automatically liable to pay compensation of forty (40) euros for collection costs per unpaid invoice, pursuant to Article L. 441-10 of the Commercial Code. If the collection costs incurred exceed the above-mentioned fixed amount, the Publisher may request additional compensation.
Any delay or incident of payment and after a formal notice remained unsuccessful, leads to the suspension of access to the Services until full payment of all amounts due.
Article 4.4 - Price changes
The Publisher may, each year, on the anniversary date of the Subscription, and provided that it has informed the Customer two (2) months before the anniversary date, decide to increase its rates by up to 10% or "5 x the Syntec index" for the year.
ARTICLE 5 - WARRANTY AND LIABILITY
Article 5.1 - Warranty and Liability of the Publisher
5.1.1. The Publisher is only obliged to provide the Services on a best effort basis.
The Publisher shall not be liable for the use of search results by the Customer and/or the User, or for omissions as a result of unsuccessful, defective, partial or erroneous searches or misuse of the documents consulted.
Therefore, the Publisher shall not be liable for any direct or indirect damage caused to the Customer, the User or any third party arising from the use of the information provided by the Publisher, from any inaccurate or incomplete information, from any error or omission, or from any delay or failure to post.
The Publisher shall not be liable for any inability to access the Services resulting from an Internet outage or any other event beyond the control of the Publisher.
5.1.2. The Publisher is liable for any contractual breaches committed during the performance of the Subscription, it being the responsibility of the Customer and/or the User to prove the contractual breach and the fault of the Publisher. The Publisher shall not be liable for any direct or indirect damage that could not have been foreseen at the time the contract was concluded.
In any case where the Publisher's liability is established, the Publisher's liability shall not exceed the amount corresponding to one year of Subscription.
5.1.3. The Publisher is liable to the Customer and/or the User for hidden defects in accordance with Articles 1641 et seq. of the Civil Code.
Article 5.2 - Guarantee and responsibility of the Customer and/or the User
The Customer and/or the User are solely responsible for the use, consultation and interpretation of the documents provided by the Publisher when using the Services, and in particular for the actions and advice derived therefrom.
ARTICLE 6 - NULLITY OF A STIPULATION
If any provision of these T&CSs should conflict with any applicable legal or regulatory provision and/or be declared void or unenforceable by a court of competent jurisdiction, then it shall be deemed unwritten and the remaining provisions of the T&CSs shall remain in full force and effect.
ARTICLE 7 - MISCELLANEOUS PROVISIONS
Article 7.1 - Penalties for non-performance
A Party in respect of whom an undertaking has not been performed or has been significantly lacking may:
- Refuse to perform or suspend the performance of his/her own obligation, including in advance;
- cause the termination or cancellation of the Subscription in accordance with the termination clause set out below in the event of a serious breach; and
- claim compensation for the consequences of non-performance.
Penalties that are not incompatible with each other may be combined. Damages can always be added.
The Parties agree to the following resolution clause:
"Each Party may terminate the Subscription as of right without prior court judgment and without compensation, in the event of a serious breach by the other Party of one of its obligations under the Subscription agreement and if this breach is not remedied by the Party at fault fifteen (15) days after a formal notice has been sent to the latter by registered mail with acknowledgement of receipt".
In particular, failure by the Customer to pay by the due date, failure by the Customer and the User to comply with the Terms and Conditions of Use, and failure by the Customer and the User to comply with the Publisher's intellectual property rights shall be deemed to be a serious breach. Failure by the Publisher to make the Services available for more than one (1) month, other than in cases of force majeure, shall also be considered a serious breach.
Regardless of the cause of termination of the Subscription, the Customer shall remain liable for payment of the Services provided by the Publisher up to the date of termination of the Subscription, and for any outstanding amounts due to the Publisher.
Article 7.2 - Force majeure
In no event shall the Publisher be liable for any damages that do not result from a serious breach by the Publisher of any of its obligations or in the event of an act of God or force majeure within the meaning of Article 1218 of the French Civil Code that prevents or delays its performance.
The Publisher shall inform the Customer of any force majeure event within seven (7) days of its occurrence.
In the event that the impediment is temporary and the suspension of the Publisher's obligations continues beyond one (1) month, the Customer will have the option of terminating the current Subscription and will be reimbursed as soon as possible.
Article 7.3 - Agreement on proof
The data and information collected by the Publisher when the Subscription is taken out, in particular the Customer's and/or User's connection, browsing, download and usage data, are kept by the Publisher as evidence. The Publisher shall archive this data on a reliable and durable medium. This information and data shall be deemed authentic between the Parties until proven otherwise.
Article 7.4 – General provisions
The Publisher is authorised to use the Customer's corporate name, trade name and/or trademarks and its logo(s), and where applicable those of the group to which it belongs, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes without the Customer's prior authorisation.
ARTICLE 8 - DISPUTE SETTLEMENT
Article 8.1 - Complaints, mediation and amicable settlement of disputes
8.1.1. Any complaint relating to the functioning of the Services must be addressed to the company VOGEL DIGITAL:
- By e-mail, to the following address: [email protected]
- By mail, to the following address: 30, Avenue d'Iéna 75116 Paris
8.1.2. If such a claim fails within thirty (30) days, the Customer and the Publisher may opt for an amicable settlement and only then bring the matter before the competent courts.
Article 8.2 - Applicable law and jurisdiction
These T&CS are subject to the provisions of French law.
In the event of a dispute relating to the interpretation or performance of these T&CS, the courts in Paris shall have exclusive jurisdiction, including for urgent or interim proceedings.