These Qanda Terms & Conditions (the “General Terms and Conditions”) rule your relationship between Qanda, a French Société par actions simplifiée with a share capital of 10,000.00 euros, registered with the Trade and Commerce Register of Versailles under the number 813 012 689, having its registered address at 20 B Avenue Gallieni – 78110 Le Vésinet, France (“Qanda”) and any person registered (the “User”) desiring to use the Qanda website accessible at the address www.qanda.co (“Website”) and/or the Qanda software designed for mobile devices (the “Application”).
Qanda and the Use are hereinafter referred to individually as a “Party” and collectively as the “Parties”. The Website and the Application are hereinafter referred to collectively as the “Platform”.
The General Terms and Conditions define the conditions under which the User may use the Platform, and in particular in order to:
In order to register, the User must complete all fields on the registration form with full and accurate information. The information for which a communication to Qanda is mandatory are identified as such upon registration.
In case of an incomplete or erroneous declaration the User’s account may be deactivated, as of right, without notice and without further formality and the User acknowledges that Qanda shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.
The creation of a User account is done by using an e-mail address the User communicated to Qanda and the password he chose (for security and confidentiality reasons, it is recommended to the User to select a password composed of several types of characters and modify it on a regular basis) or through a third-party connexion module.
The personal account of each User allows him/her to update its personal details.
The login name and password are personal and should not be disclosed to third parties. All uses of the Platform done using the login name and password of the User shall be deemed to have been performed by said User. In case of disclosure of the User’s login name and password, contact MyAccount@qanda.co as soon as possible to disable your login name and password.
After formulating his question, the User can address it to (i) any other Platform User, (ii) himself, (for example in order to obtain an Interview with the person questioned); (iii) a person that he can contact directly using an e-mail address and/or a social network.
When the User to whom the question has been aimed receives it he may, using the Application, film an Interview. This User can always refuse the offer and not reply to any question that he may have been asked.
If he does not have an account on the Platform, the person to whom the question has been sent must download the Application and create an account in order to conduct an Interview. Creating an account implies accepting all of the provisions contained in these General Terms and Conditions.
Interviews are subject to certain technical restrictions (particularly in terms of length), details of which are available on the Platform.
When the User validates an Interview, it is automatically uploaded onto the Platform (all of the videos are hosted by Qanda) and made available to all Users.
Each Interview can be broadcast on third party websites via a link made available to Users by Qanda. As host, Qanda cannot be held responsible for the way in which third parties use the Interview.
Interviews must not be downloaded.
Qanda reserves the possibility to remove any Interview from the Platform, in particular if it is contrary to applicable legislation or if it breaches the rights of any third party; or if the User cannot provide evidence that he has obtained the relevant authorization. If an Interview is removed, each User affected will be duly notified.
If an Interview is removed from the Platform for any reason whatsoever, the User acknowledges and accepts that Qanda will not be held responsible for any use, reproduction and/or broadcast of the Interview by a third party having come into possession of a copy of the Interview without the agreement of Qanda.
The User acknowledges and accepts that any Interview that he validates (and which is, consequently, broadcast on line on the Site) is visible by all persons accessing the Site or any other media on which the Interview will also be broadcast.
The User, who retains all intellectual property rights in the Interview, grants to Qanda a non-exclusive, transferable right (including the right to sub-license), without charge, to use, represent, reproduce, modify and exploit the Interview and each of its component parts (e.g., image, sound, views expressed) worldwide and for the entire period during which those elements of the Interview protected by applicable intellectual property rights remain under such protection.
Rights thereby granted include:
The User acknowledges and accepts that all or part of the Interview (and in particular its views) may be repeated, in all or in part, by third parties, on all digital or physical platforms (e.g., internet, television, radio, print media, novels), when the Interview is freely accessible on the Platform.
Each User grants to Qanda the right to use his or her image for the use and distribution of the Interviews in which he or she has taken part, under the conditions defined in the General Terms and Conditions (in particular the provisions of article 2.2), and in advertising and promotional campaigns for the business of Qanda.
The User acknowledges and accepts in particular that Interviews may be broadcast via the Site, the Application, any third party Internet site using the links made available on the Platform, in television programmes, in radio programmes.
It is hereby stated that the Interviews may also be used in derivative products, publications and/or promotional films in relation with the Platform, as well as in the distribution of promotional material, with no need to obtain reiteration of the prior consent given by the User.
The User, before uploading an Interview on the Site, declares that he has obtained all necessary authorizations and agreements for the capture and broadcast of the Interview under the conditions set out in these General Terms and Conditions, and is in a position to justify that fact.
In particular, when the User who is asking the question is also filming the Interview, he or she undertakes to ensure that the person being interrogated has consented to take part in said Interview and with a view to it being broadcast under the conditions set out in these General Terms and Conditions. Qanda reserves the possibility to ask the User who has uploaded the Interview to supply all evidence of the agreement given by the person interrogated, which the User undertakes to provide without delay.
The User undertakes to notify Qanda without delay if any relevant authorization relating to the Interview is missing.
The User warrants Qanda against the consequences of any such authorization being missing, including when the person in question has recanted.
Qanda grants you a non-exclusive, non-assignable, personal and worldwide license, for as long as its User account is active, to use the Platform.
Unless Qanda gives its express, anterior and written agreement, the User forbids himself, directly or indirectly, and undertakes to forbid any person who might use the Platform (such as his employees, partners and subcontractors) to:
While using the Platform, the User undertakes to comply with applicable legislation.
In the absence of prior written permission from Qanda, the following are prohibited:
You are hereby reminded that the Penal Code, articles 323-1 onwards, allows for punishments of up to five (5) years imprisonment and 150,000.00 Euros in fines, in particular for:
Qanda, in its relationship with the User, will, for its own account, process personal data related to the User, those data being (i) communicated by the User at the time of his/her registration or (ii) later on through its personal account on the Website.
The User is informed that sending questions to other Users and/or third parties as well as the recording of Interviews are likely to allow Qanda to gather additional data related to him/her and concerning its habits, uses, opinions or any other personal element related to him/her, which the User acknowledges and agrees.
Unless upon request or with the express consent of the User and in strict coppliance with its directives, Qanda will not proceed with any other personal data processing other than those describes in this Article 5.
Personal data gathered by Qanda are processed for the following purposes:
All personal information that you provide to Qanda is strictly confidential.
Such information is required for the purposes of using the Platform.
The User benefits from a right of access, modification, deletion and opposition regarding the personal data processing controlled by Qanda. To exercise any of those rights, the User shall use the management account tool provided to him/her or right to MyAccount@qanda.co, mentioning his/her name, forenames and e-mail address. At any time the User may access to his/her personal data and update those or delete his/her account and the personal information attached to it by using his/her login and password.
In accordance with law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, handling of nominal information by Qanda has been the subject of a declaration at the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority). You have the right to access, modify, rectify or delete your personal information.
The data gathered related to the Users are kept for the duration of the contractual relationship between the User and Qanda and for one (1) year as of termination of such relationship between the Parties, for any reason whatsoever.
Upon expiry of this one (1) year period, the closing of the User’s account triggers the deletion of all data allowing identification of the relevant User, to the exception of those the conservation of which by Qanda is necessary so that it is able to fulfil its legal obligations (e.g., identification of contents’ authors).
In certain specific circumstances Allmyapps may be required to disclose your personal information, where such information is requested by the judicial authorities.
Your personal information, and in particular e-mail addresses, are not rented, sold, exchanged or shared with any other service providers if you have not expressly accepted to receive promotional offers from other companies likely to be of interest to you.
For business purposes Allmyapps collects, handles and stocks statistical data on Applications use. This information may be transmitted to third parties, including to Editors in particular to allow them to improve their products.
This user information is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
The User may terminate his or her account by connecting to the Platform and using the termination function made available in his or her personal account.
Qanda reserves the right to (i) suspend access to the Platform or to certain functionalities of the Platform, or to (ii) terminate the account of the User by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, if the User should breach any of his or her obligations under these General Terms and Conditions, and in particular in the following cases:
If an account is terminated the User may no longer use the Platform from his or her account, which will be closed.
Qanda reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by Qanda.
Qanda shall under no circumstances be held liable to the User or to any third party for the termination and/or suspension of the User account under the conditions set out in this article.
The Parties expressly agree that Qanda is acting as host for the content and, as such, has no general obligation to monitor the content that is made available and/or broadcast from its Platform.
Within the limits permitted by applicable statute, Qanda specifically excludes all warranties to Users. Qanda does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Platform will be uninterrupted and error-free. The User acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the User at his or her own peril.
Within the limits permitted by applicable statute, the User acknowledges that the Site is provided « as is» and as such Qanda shall not be liable for any damage, direct or indirect, (e.g., the negative consequences of a delay) whatever the grounds, which may have been suffered by fact of using the Platform, and therefore waives any claim for compensation. If Qanda should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the sum of one hundred Euros (100 €), which the Parties agree would be a fair figure in view of their respective undertakings in these General Terms and Conditions.
Within the limits permitted by applicable statute, the User may only hold Qanda liable for breach of these General Terms and Conditions for a period of one (1) year from the date at which the breach in question arose, which the User specifically acknowledges and accepts.
The Platform is the exclusive property of Qanda.
All content that has not been put on line by the user, and in particular, all data, functionality, text, names, designations, images, photographs, graphics, trademarks, sounds, is the exclusive property of Qanda or its licensees. These General Terms and Conditions shall not be construed as transferring any one of Qanda’s rights. Not one of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted or used in any way whatsoever, without the prior written express agreement of Qanda or its licensees.
It is specifically prohibited to extract, by permanently or temporarily transferring all or a qualitatively or quantitavely substantial part of the contents of the Platform database onto a different support, by any means and under any format whatsoever.
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, Qanda has no general obligation to monitor the information that it hosts on the Site.
If the User should find that content put on line on the Platform and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., defamatory, derogatory or breaching intellectual property rights), the User can notify Qanda by sending an e-mail using the form available on the Site or by using the signalling tool made available in the profile pages.
The User must supply Qanda with all of the necessary information so that Qanda can identify the content in question and/or point it out to the editor or the administrator of the Internet Platform on which the unlawful content is broadcast, such as:
Qanda reserves the right, at any time, to modify these General Terms and Conditions of use and sale as it may deem to be necessary and required.
If these General Terms and Conditions should be modified, Qanda undertakes that the User will have to accept the new General Terms and Conditions the next time said User connects to the Platform.
The User will be able to access them through his personal account and on the Site.
Any User who does not specifically accept the new general terms and conditions may terminate his account.
Neither Party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure, as defined by case law, or in case of accident (hereinafter « Force Majeure »). The Parties expressly agree that the provisions of this article 8.4 shall not apply to payment obligations..
Force Majeure events shall include in particular, but are not limited to, the following: acts of Government, war, terrorist acts, blockades, vandalism, social clashes external to the Parties, natural disasters, fire, epidemic, disruption to transport or supplies, especially energy, failure of electronic communication networks.
If a case of Force Majeure should occur, the performance of the obligations of each Party shall be suspended. If the Force Majeure should last for more than one (1) month this Agreement may be terminated at the request of the most diligent of the Parties, with neither Party being held liable. Each of the Parties shall bear their own costs that may be incurred as a result of the Force Majeure.
If one or other Party should fail to exercise any one of its rights under the terms of this Agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
Computerized records shall be kept in the systems of Qanda under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and/or payments placed on the Platform.
Unless expressly stated otherwise, no provision of the General Terms and Conditions shall be deemed as creating between the Parties a partnership, a company, and commercial agent relationship or any agency. In particular, Qanda shall not be considered as a commercial agent or a régie publicitaire acting in the name and on behalf of the User.
If one or more of the provisions of this Agreement should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, but in compliance with applicable legislation and the mutual intent of the Parties.
These General Terms and Conditions are governed by French law.
Unless in cases where the User is qualified as a consumer within the meaning of preliminary article of the French consumer code, any dispute related to these General Terms and Co is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants or warranty claims, and including summary proceedings and ex parte motions.