Legal notices : 
1. The holder of the domain name « www.kapsys.com » (hereinafter the « Site ») is the company Kapsys (hereinafter » Kapsys »), simplified joint stock company with a capital of 3,287,000 Euros, registered with the Cannes Register of Trade and Companies under the number 494 215 783.
2. The present site is provided by Kapsys, the registered office of which is located at 790, avenue du Docteur Maurice Donat, Mougins Sophia Antipolis (06250), France
Contact : www.kapsys.com
Téléphone : + 33 (0) 4 92 28 88 88
Télécopie : + 33 (0) 4 92 28 22 89
Hoster of site servers: Société Profileo
The publication director is Mr Aram Hékimian.
The site www.kapsys.com and the database of site users were declared to the CNIL (French National Commission on Information Technology and Liberties – public service in charge of data protection) and registered under the number 1300920.
« Kapsys » is a trade name filed with the Nice INPI (French National Intellectual Property Institute) under numbers 3521508 and 3560222.
3. Credits :
Project: Kapsys
Site design and publication: Kapsys
Technical supervision: Profileo, www.profileo.com
Editorial supervision: Kapsys
Final Completion: Profileo, www.profileo.com
Data processing: Kapsys
Graphic design: Agence One, www.agence-one.com
Soundtrack: Waxx, www.myspace.com/aboutwaxx
General conditions and terms of use
Preamble
The present general conditions and terms of use (hereinafter “GCU”) are subject to French law and are aimed at governing the use of the services entitled “My Kapsys” and “Open share” offered by Kapsys via a website dedicated to saving and sharing “urban discoveries” online (hereinafter the “Services”).
By using kapsys.com you agree to be bound by these terms, which shall take effect immediately on your first use of kapsys.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to kapsys.com. Kapsys may change these terms from time to time and so you should check these terms regularly. Your continued use of kapsys.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.
Article 1 : Definitions
- » Services », should be understood as hosting, storage, research and support services for the sharing of favourite places free of charge www.kapsys.com and more specifically under the sections « Open share ».
- « Site», should be understood as all the web pages relating to the use of the Services, accessible via the domain name kapsys.com and/or any other URL address which is added to or replaces the latter.
- « User « or « Zurby «, should be understood as any person validly registered for the Services and using the Site.
- « Visitor», should be understood as any internet user with access to the data hosted on the Site and/or visiting the Site without however being registered for the Services.
- « Content »,should be understood as any electronic information, of any nature whatsoever, published by a User, in particular but not limited to,data, text, images, photos, videos, files, links, etc.
Article 2 : Services description
2.1 My Kapsys is a section of the Site with restricted access which allows any User possessing a lawfully-acquired Kapsys product to manage the content which can be used in connection with his Kapsys product.
It enables the User to create and modify addresses/contacts databases free of charge.
They can be used to geolocate, record, comment on and share descriptions of favourite urban events and venues (hereinafter collectively referred to as « K-Tags »). This database may be either created online or created by data transfer from a compatible Kapsys product belonging to the user.
Through his personal account on My Kapsys, the User can create and manage a database of personal contacts, define the categories of practical addresses to be activated in his product, download additional software content, organise and download digital content purchased in the online shop of kapsys.com.
The Ktags created by a User may be shared and therefore accessible to other Users, who will have the facility to copy the content of the Ktags in order to add them to their personal database.
The database created and shared in this way by the User shall also be freely accessible by any Visitor and shall be listed on search engines available on the internet in order to allow their viewing.
2.2 Open Share is a section of the Site which enables any User or Zurby :
- to geolocate, record, comment on and share descriptions of favourite urban events and venues(« K-Tags »).
- to search for and geolocate, amongst the community of Zurbys, a User, based on his physical location, his favourite activities or his preferred locations.
For this purpose, the Zurbys authorise Kapsys to process their personal data (see personal data protection)
Zurbys accept that Visitors can access their K-Tags, add a comment thereto and give them a rating.
The User recognises that the storage capacities of the Services are not unlimited and therefore authorises Kapsys to delete any Content or account saturating the Site, in its sole discretion.
Kapsys may modify these maximum storage capacities and shall inform Users thereof.
In no event may Kapsys be held liable for the deletion of part or all of the Content created by the User or the User’s account itself.
Article 3 : Terms and conditions of registration and access to the Site
Access to the Site requires a virus-free computer configuration. The User certifies that he has verified his computer tool.
Registration for the Services concerns all persons who have filled in all the compulsory fields shown in the online registration form.
3.1 : Access to the Services
Once his account is validly created, the Zurby can log on to the Site via the URL www.kapsys.com, by entering his login and password, as respectively provided for on the Services registration form.
3.2 : Accuracy of the registered information
The User undertakes to provide updated and validated personal identification data.
Kapsys has a legal obligation to collect and keep the data enabling Users of the Content contribution to the site to be identified. Use of the Services for a purpose other than that for which it is intended is strictly prohibited and Kapsys may inform the competent public authorities of any unlawful activities or content of which it becomes aware.
Kapsys may suspend or terminate the account of any User who supplies false, inaccurate, incomplete or out-of-date information, immediately, without notice or compensation.
3.3 : Privacy policy
Under the Data Protection Act the User has the right to request a copy of the personal information Kapsys holds and rectify data concerning him simply by sending an email to the data controller: webmaster@kapsys.com.
When he registers, the User can agree to receive Newsletters from Kapsys, and to receive direct marketingmessages concerning similar current and future products supplied by Kapsys. The User is entitled by notice in writing to the data controller herein specified to require at the end of such period as is reasonable in the circumstances to cease processing for the purposes of direct marketing personal data in respect of which he is the data subject.
3.4 : Username
Once the conditions required for registration are fulfilled and validated, the User chooses a username (« login ») and a password.
Solely intended for personal use, the password and login should not be disclosed to or shared with third parties.
If this information is used or distributed for a use other than intended, Kapsys shall be free to suspend or to terminate the User account. The User has sole liability for the use made of this information, Kapsys being expressly released from any liability. No inappropriate (e.g. vulgar, offensive etc) user names shall be registered by the User.
Article 4 : Intellectual Property
Kapsys has exclusive ownership of all intellectual property rights over the Site and all its components.
4.1 : All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Kapsys.com and all content (including all applications) located on the site shall remain vested in Kapsys or its licensors (which includes other users).
You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use kapsys.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any kapsys.com content except for your own personal, non-commercial use. Any other use of kapsys.com content requires the prior written permission of Kapsys.
Kapsys reserves the right to take action against any act of infringement of its intellectual property rights.
4.2 : The names, images and logos identifying Kapsys or third parties and their products and services are subject to copyright, design rights and trade marks of Kapsys and/or third parties.
Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Kapsys or any other third party.
Article 5 : Advertising
5.1 : Kapsys alone reserves the right to insert or to authorise any third party to insert advertising, promotional and/or sponsorship messages in any area on the Site.
5.2 : It is strictly prohibited for any User to publish advertising Content on the Site without having been previously authorised by Kapsys in writing. Where applicable, Kapsys may delete this Content.
It is also expressly prohibited for Users to exercise trade activity on the Site in any form.
Article 6 : Liability
6.1 : Kapsys’ Liability as Site’s hoster
Kapsys is not bound by any obligation to filter Content published on the Site. In no case may Kapsys be held liable for any false statements by the User.
Where applicable, the User warranties Kapsys against any claim on intellectual property rights which may be brought against it.
6.2 : The User’s liability as Content provider
On account of the community dimension of the Site, each Zurby guarantees to respect the rights and sensitivities of others, and therefore undertakes to demonstrate ethics in the choice of Content distributed on the Site and in particular is prohibited from publishing Content of a violent or discriminatory nature.
It is recalled that the User has sole liability for the Content he publishes and distributes via the Site and that under no circumstances may Kapsys be held liable for the Content of a User, in consideration of its capacity as hoster and of the legal provisions in force.
The User is bound to comply with the legal and regulatory provisions in force. Pursuant thereto, the User guarantees to ensure that the storage and distribution of its Content via the Site does not constitute an infringement of the intellectual property rights of third parties, nor an infringement of the rights of persons, respect for privacy or public order and morality.
The User guarantees that his posts shall abide by the following: be civil and tasteful, contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble, no disruptive, offensive or abusive behaviour; unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable; no spamming or off-topic material.
It is expressly agreed that any new Content published by a Zurby may be flagged as improper via the email address webmaster@kapsys.com (also see below the procedure for notification of unlawful content).
Article 7 : Content access
The User declares that he is aware of the possibility that the Content that he hosts on the Site may be listed on internet search engines.
Article 8 : Failure to respect the conditions of use
Any User is invited to flag a breach of the present GCU via the email address webmaster@kapsys.com
In the event of a breach of the GCU, Kapsys reserves the right to suspend or to terminate the account of any User responsible for the breach, at its own discretion and without notice or compensation.
Kapsys shall refuse to publish all clearly unlawful Content of which it is informed.
Article 9 : Modifications to the present conditions
The User herein agrees that Kapsys can modify the present GCU at any time, in which case he shall be informed by email to the address supplied. Non-receipt of the email cannot constitute a valid reason for non-acceptance of the modifications of the GCU. Simple use of the Services following modification of the GCU constitutes implicit acceptance of the new conditions of use of the Site.
Article 10 : Case of force majeure
The Site is accessible 24 hours a day, seven (7) days a week.
Kapsys is bound by a best efforts obligation and may not be held liable for interruptions, such as for example those due to technical necessities for maintenance of the Site or a malfunction.
In any case, Kapsys is not liable for damages, of any nature whatsoever, resulting from the Site’s unavailability.
Article 11 : Disputes and governing law
Any dispute which may arise from the performance or interpretation of the present GCU shall be subject exclusively to the jurisdiction of the Courts of Paris and shall be governed by French law.
In consideration of the international dimension of the internet, the User is required to comply with all compulsory and public order regulations applicable in his country of residence.
Article 12 : Miscellaneous provision
If part of the present GCU proves to be illegal, invalid or inapplicable for any reason whatsoever, the term or terms in question shall be declared nonexistent and the remaining terms shall retain their force and scope and shall continue to be applicable.
Notification of unlawful, offensive or inappropriate content
Pertaining to the the web platform 2.0 called «Open Share».
, you have the possibility of notifying Kapsys of any content you consider unlawful.
Any notification of contentious facts should be sent by email to webmaster@kapsys.com or by registered post with acknowledgement of receipt to:
Kapsys
Service Juridique
790, avenue du Docteur Maurice Donat
06250 Mougins Sophia Antipolis
This notification shall include the following documents:
- the notification form below duly completed;
- a copy of the correspondence sent to the author or editor of the information or the contentious activity asking for them to be halted, withdrawn or modified or evidence that it has not been possible to contact the author or editor..
Deliberate misuse of the complaints facility is not permitted. You also have the possibility of contacting the competent authorities in order to inform them of the content you consider unlawful.
Private datas
- Data collection
We collect and process personal data (hereinafter the “Data”) that you send us automatically by registering on the Site. Said data includes in particular your username, your postcode and a valid email address. The Data collected automatically by the Site only concerns your IP address. - Purposes of processing
The Data collected automatically by the Site enables us to create statistics concerning the viewing of our website and the Users of our services, and to geographically locate users. - Recipients of data
The Data may be disclosed in application of a law or regulation and pursuant to a decision by a competent judicial or regulatory authority, or if it proves necessary, for the purpose of Kapsys defending its rights and interests. - Keeping data
The Data is stored by Kapsys and kept for the period strictly required to fulfil the purposes as described in article 2 herein. Beyond this period, it shall be kept exclusively for statistical purposes and shall not be exploited, in any manner whatsoever. This data may be exported, that is, recovered directly by Kapsys for statistical processing purposes. - Right to access and rectify data
You have the right to access and rectify your Data by sending us a written request to do so to the email address webmaster@kapsys.com or by post to the address 790, avenue du Docteur Maurice Donat 06250 Mougins Sophia Antipolis, France.
General Online Sales Conditions
Preamble
The online shop of the site Kapsys.com is offered by the company Kapsys, the owner of said site.
Any order placement for a product via the online shop on the website accessible at the address: www.kapsys.com implies prior acceptance of the present general sales conditions (hereinafter “GSC”) that we recommend you read with attention.
Insofar as you order online products displayed on the website’s shop, you acknowledge that you have been fully informed of the fact that your agreement to the present GSC is not subject to the signature of any original document.
Kapsys recommends that you save and/or print the present General Conditions.
All the information is in English.. You represent that you have the full legal capacity enabling you to commit yourself pursuant hereto.
Article 1 : Definitions
- « Client » should be understood as the consumer, having a functional email address, an individual or representing a legal entity, professionally or privately, with the appropriate means for the use of the services offered, for which he shall be personally responsible and the costs inherent to this use being borne by him.
- « Site», should be understood as the website kapsys.com owned by the company Kapsys, a simplified joint stock company with capital of 3,287,000 Euros, registered with the Cannes Register of Commerce and Companies under the number 494 215 783, having its registered offices located at 790, avenue du Docteur Maurice Donat, Mougins Sophia Antipolis (06250), with telephone number: + 33(0)4.92.28.88.88, and with the main URL www.kapsys.com.
Article 2 : Purpose
The present GSC govern the contractual relations between Kapsys and its Client, within the scope of a distance-selling electronic system; the two parties accept them unreservedly. The present conditions can be viewed online at the following URL: www.kapsys.com, and shall prevail over all other conditions shown in any other document in any form whatsoever, unless priory expressly exempted in writing.
Article 3 : Product information
Kapsys offers for sale on the Site the following Kapsys products (hereinafter « the Products ») :
- Kapsys products: Kapten line, etc.
- Maps/Cartographical extensions for Kapsys products
- Audio guides
- Accessories for Kapsys products
The technical specification forms describing the Products do not fall under the scope of the contractual agreement. they are made within the technical limits that exist, Kapsys may under no circumstances be held liable.
Kapsys undertakes to display the Products on its Site with the essential characteristics enabling the potential Client to be aware, before placing a definitive order, of the main characteristics of the products he wishes to purchase.
The products offered by Kapsys are subject to availability of stock.
Article 4 : Orders
In order to place an order, the Client must carry out the following:
- create a client account;
- fully read the identification sheet;
- select the products desired from the online interface;
- validate his order after verifying it;
- make the payment under the stipulated conditions;
- confirm the order and payment.
The order is considered final from the date of receipt by the Client of the email confirming the definitive registration of said order. This confirmation is deemed as the date of entering into the binding sale agreement.
Kapsys invites the Client to print, and/or keep on a reliable and long-lasting format, this order confirmation. To establish suitable proof, Kapsys is authorised to keep, under reasonable security conditions, the Client’s full contact details, and the email address used to make the order and the IP (Internet Protocol) address used to log on to the Site, along with any electronic correspondence in connection with the order.
Article 5 : Cancellation policy
The Client may exercise his right of withdrawal without penalty with respect to the “kapten” device and the physical accessories for Kapsys products, except for returning costs borne by him,
within period of seven (7) working days. This period starts the day following receipt of the Products or upon withdrawal of the order. If this period ends on a Saturday, a Sunday or a public holiday, it is extended to the next working day.
In the event of an exchange or refund, it is essential to return the Product(s) in its original packaging, intact and in perfect condition for reselling, along with any and all accessories, instructions and other documentation, to the following address:
Kapsys
790, avenue du Docteur Maurice Donat
06250 Mougins – Sophia Antipolis
Any Product received with missing accessories shall be returned to sender and shall not be refunded or exchanged.
If the right of withdrawal is exercised, Kapsys shall refund the Client within a maximum period of thirty (30) days following the date on which this right is exercised.
The Client shall have the sum credited to his bank account (by secure transaction) in the event of online payment by bank card, or by cheque for other payment methods .
Nevertheless, this right of withdrawal does not apply to the “digital” products below:
- Maps/Cartographical extensions for Kapsys products
- Audio guides
Article 6 : Prices
All the prices of the Products offered for sale on the Site are expressed in Euros, inclusive of all taxes (TTC). The price indicated on the product forms does not include delivery.
The definitive price in the order confirmation is expressed inclusive of all taxes and including the VAT applicable on the order date. Any change in the applicable VAT rate shall be automatically reflected in the price of the Products in the online shop.
Payment of the whole of the price must be made at the time of order placement. At no time may the sums paid be considered as deposits or down payments.
Kapsys reserves the right to modify its prices at any time but undertakes to apply the rates in force when registering the order, subject to availability of the Products on this date.
Kapsys does not offer refunds of VAT.
Article 7 : Payment / security of transactions / late penalties
7.1 : Payment: To pay for his order, the Client may choose from all the payment methods shown on the Site at the time of confirmation of the order; cash payments are not accepted. The Client guarantees Kapsys that he has any authorisation required to use the payment method chosen by him when placing an order.
Kapsys reserves the right in particular to refuse to make a delivery or to honour an order in the event of:
- refusal of authorisation of payment by bank or in the case of non-payment;
- an order placed by a Client who has not paid a previous order, in full or in part, or with whom a payment dispute is pending.
7.2 : Securing transactions
For online payment by bank card, Kapsys uses a secure e-Commerce solution worldly recognised. This solution was developed in order to provide optimal security and privacy, it encrypts the connection when transmitting information on the network.
7.3 : LATE PAYMENT PENALTIES : Any delay in payment of the order or any lack of credit in the bank account used by the Client to pay the price of the order shall, automatically and without notice, lead to the application of a late payment penalty at the rate of one and a half times (x 1.5) the legal interest rate in force. This penalty, calculated on the whole of the sums remaining due, shall run from the day following the due date until the day payment of all sums is actually made.
Article 8 : Delivery methods
- express delivery
- standard parcel delivery
- maximum delivery period: 10 working days.
For the purchase of digital content, after payment validation, the content purchased becomes available immediately by download from the User’s My Kapsys account. The creation of a My Kapsys account is therefore a prerequisite for the purchase of digital content.
Article 9 : Error / non-compliance
In the event of a delivery error and/or non-compliance of the Products by itself or its quality standards in comparison with the information shown on the order confirmation, the Client must complain to Kapsys by e-mail to the address logistique@kapsys.com within twenty-four (24) hours following Products’ delivery ..
Any complaint which does not comply with the conditions defined above shall not be taken into consideration and shall release Kapsys from any liability.
In the event of an error in delivery or exchange indicated in advance and recorded by Kapsys Customer Service by the issue of a return slip, the Products to be exchanged or refunded must be returned to Kapsys as a whole and in their original packaging.
Article 10 : Delivery problems due to the carrier
The Client must verify the condition of the packaging and the products at the time of delivery.
If the parcel is evidently damaged upon delivery, it should not be accepted and the delivery slip should not be signed without first expressing specific reservations thereupon. The Client must at the same time confirm this anomaly by sending the carrier, within seventy-two (72) hours following the delivery date, a registered letter with acknowledgement of receipt, presenting said complaints.
The Client must then send a copy of this letter by normal post to Kapsys, Service Clients, 790 avenue du Docteur Maurice Donat, 06250 Mougins – Sophia Antipolis, France or by fax to the following number: +33 (0)4.92.28.88.89
Article 11 : Product guarantee
11.1 : Legal guaranteeall Kapsys products bebefit from: the lagel guarantee of conformity and the legal guarantee from hidden flaws.
11.2 : Contractual Guarantee
The contractual guarantee for Kapsys physical products and the accessories sold on the site kapsys.com is of one year from the invoice date.
11.3 : In the event of impossibility of repair, recognised by the seller and the Client
“Irreparable” should be understood as impossibility of repair due to a technical impossibility (in particular an unavailable part) and/or economic impossibility (in particular, cost of the repair higher than the residual monetary value of the product).
For any product recognised as irreparable, Kapsys undertakes to replace the product with an identical product if still available, or with a replacement product in terms of functions, quality and technical nature, or to provide compensation based on the initial value of the product, with deduction for wear and tear determined at the rate of 1.5% (one point five per cent) per month from the date of purchase, to be used for a replacement product purchased on the Site.
The guarantee due to the Client does not under any circumstance cover shipping costs, labour costs relating to maintenance or repair operations and all costs incurred by breakdowns or defects attributable to use which does not comply with the supplier’s recommendations, poor handling or negligence by the Client.
Article 12 : Legal information
It is compulsory to supply the personal data i collected for the purposes of distance selling, this information being essential for the processing and shipping of orders, preparing invoices and guarantee agreements. If such information is not supplied, the order cannot be validated.
The processing of personal data relating to clients has been declared to the “Commission Nationale de l’Informatique et des Libertés”- Information Technology and Liberties National Commission, public service called CNIL.
The Client has a right to access, modify, rectify and delete data concerning him, which he can exercise with Kapsys via the following URL: webmaster@kapsys.com. In any case, Kapsys undertakes not to disclose the details of its clients to a third party, whether free or charge or for consideration.
Article 13 : Modifications to the present conditions
The User herein agrees that Kapsys can modify the present GSC at any time, in which case he shall be informed by email at the address supplied. Failure to receive said email cannot constitute a failure to accept modifications to the GSC.
Article 14 : waste electrical and electronic equipment (WEEE)
Kapsys informs its Clients that electrical and electronic devices which reach the end of their lifespan, are obsolete or no longer work must not be disposed of with normal household waste or recycling, pursuant to the WEEE Directive.
Article 15 : Case of force majeure
Non-performance or delay in the fulfilment of an obligation stipulated herein due to an unforeseen circumstance or force majeure as defined by the case law of French courts cannot constitute a breach of contract.
The victim of an unforeseen circumstance or force majeure shall inform the other party thereof within ten (10) working days following the date on which it is sustained.
If the force majeure prevents performance of the agreement for a period of more than three (3) months, the order may be terminated by the injured party.
Article 16 : Disputes and governing law
Any dispute which may arise from the performance or interpretation of the present GSC shall be subject exclusively to the jurisdiction of the Courts of Paris and shall be governed by French law only.
