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GENERAL CONDITIONS OF USE Clic and Walk


We invite you to consult our Website and to use our services. Please note that this invitation is subject to your reading and expressly accepting beforehand the present Conditions that are deemed to be a legally binding contract between the parties.

Subscription to the services occurs as soon as you register on our site or our mobile application. You are reputed to know, understand and accept the present conditions of use as soon you use our services. If you conclude the present contract in the name and on behalf of a company or a specific legal entity, you declare that you are duly recognized to do so. If you do not have such authorization or if you are not in agreement with its provisions, you should not accept the present contract and you cannot use the services. 

You are not authorized to access the services if you are a competitor without our written permission beforehand. You are not authorized to access the services for the purpose of monitoring their availability, performance or functionalities, nor for any other comparative or competitive purpose.

The present Conditions may be modified at our initiative. In such an event, the modified Conditions are then applicable and replace the present Conditions from the time that they are put online.



ARTICLE 1 : DEFINITIONS

"Clients": designates any professional as defined by French Commercial Code using the Site or the Application for the purpose of ordering collections and processing of data by Clic and Walk, to commission analytical marketing studies for the aforementioned services or independently.

"ClicWalker": designates any natural person as a private individual registered on the Clic and Walk Site or Application, and who wishes to join the community of ClicWalkers in order to collect and transmit information and data in the framework of Missions as defined below.

"Clic and Walk": designates the Publishing Company of the Site and of the associated Clic and Walk mobile Application.

"Mission(s)": designates the collection of data, such as photographs, video and/or sound sequences, geolocalization points, executed by ClicWalkers and transmitted to Clic and Walk, and if appropriate, the responses to questionnaires addressed to ClicWalkers in the form of auto-polls. Mission tenders detail the specific requirements necessary to complete each Mission.

"Elements(s)": designates the photographs, the video and/or sound sequences, the geolocalization data collected and provided by ClicWalkers to the company Clic and Walk.

"Information": designates the comments and responses given by ClicWalkers to questions that are pre-established by the company Clic and Walk in the framework of auto-polls.

"Site(s)": designates the Site published by the company Clic and Walk and accessible primarily at the following address: www.clicandwalk.com. The Site is accessible to all and personal access is reserved for ClicWalkers with an account by means of which the latter can accept the present General Terms and Conditions of Use.

"Application": designates the Application published by the company Clic and Walk which is available for downloading free of charge primarily on Google Play and in the Apple Store.

"Mobile Terminal”: designates primarily all smartphones, information technology equipment and digital tablets.

"Force Majeure" ; any event beyond the control of the Parties, in particular, but not limited to, natural catastrophes, war, social conflicts at the workplace, demonstrations, fires, floods, storms, hurricanes, explosions, respect of legal obligations, actions or omissions of governments or regulatory authorities, acts of terrorism and national emergencies. "Force majeure" also covers disruption or interruption of the power supply grid, shortcomings of a third-party supplier or operator and/or telecommunications provider.


ARTICLE 2: SCOPE OF GENERAL TERMS AND CONDITIONS

The present General Terms and Conditions of Use are intended to present the functionalities and procedures to use the Application and the Site. The Site constitutes a platform which allows Clients to order data collection, and if necessary, commission marketing studies that are the subject of Missions tendered by the Application to ClicWalkers. Clic and Walk also makes available to Internet users a certain amount of information and practical advice, which is given as an indication only and in no way engages the liability of the Company.


ARTICLE 3: ACCESS TO SERVICES AND REGISTRATION OF YOUR ACCOUNT

3.1. Use of the services of the Site and the Application necessitates the opening of an account, which requires that an identifier is given and a password is chosen.

The password is personnel and confidential. The ClicWalker has sole responsibility for it. The ClicWalker agrees not to reveal it to third parties and to take all the necessary measures to avoid third parties gaining access to it.

The ClicWalker undertakes to notify Clic and Walk without delay of the loss or usurpation of his/her password. Failing this, and without evidence to the contrary, all connections or transmissions of instructions or data by means of the password will be reputed to come from the ClicWalker who will be held solely liable. To be taken into account, all claims shall be sent to the following email address: isabelle@clicandwalk.com

3.2. The ClicWalker cannot join if he/she is not over 18 years of age on the day of registration.

3.3. To validate his/her registration, the ClicWalker shall:

  • - fill in accurately all the obligatory fields of the registration form (civil status, surname, first name, email address, telephone number, date of birth, bank details and any other useful information),
  • - and accept geolocalization.

Failing this, access to missions shall not be possible.

Only one account per ClicWalker is authorized and any attempt of fraud may result in the closure of the account.

3.4. The ClicWalker will have a personal space on the Site after registration on the Application from which he/she can, in particular:

  • - consult free of charge his/her profile and missions carried out as well as sums available in his/her virtual account (paid or unpaid).

3.5. The ClicWalker can close his/her account at any time and without prior notice by sending an email to the following address: isabelle@clicandwalk.com

The ClicWalker also acknowledges that he/she has been informed that despite a possible closure of the account, Clic and Walk is bound to conserve information concerning his/her registration in order to transmit such information at the request of a duly recognized administrative or legal authority.

3.6. Required Configurations

To use the Application : To be able to use the Application, the ClicWalker must have a compatible Mobile Terminal, access to Internet, and a minimum required configuration: Android 4 and iOS 6.0.

To become a ClicWalker and join the ClicWalker community, the ClicWalker must possess a Mobile Terminal equipped with both a GPS and a camera, and which is able to take and send photos and/or videos to Clic and Walk via the Application or any other system that attaches to it as defined by Clic and Walk. This technical pre-requisite is essential in order to integrate and take part in the ClicWalker community.

ARTICLE 4: FUNCTIONING OF MISSIONS

The ClicWalker is informed that he/she is totally free to respond or not to a Mission tendered by Clic and Walk.

In the event of acceptance, he/she shall manage the execution of the Mission depending on his/her availability, with the clarification that he/she can abandon the Mission at any time.

After registration on the Site and on the Application, the ClicWalker will be informed of Missions available in his/her present geographical location either by notification or by consulting the list of Missions available on the Application.

The ClicWalker is invited to carefully read the Mission heading in order to take note of any technical specifications of the mission that must be met before accepting it.

Once the Mission has been accepted, it is withdrawn from the list of Missions available to other ClicWalkers, with the clarification that the ClicWalker is only authorized to execute one Mission at a time.

The ClicWalker is informed that he/she should respect the internal regulations of properties and premises visited.

The transMission of Elements and Information shall be sent exclusively (unless otherwise stated by Clic and Walk) from the Mobile Terminal of the ClicWalker. When the Elements and Information have been transmitted within the deadlines, the ClicWalker shall receive notification in the form of an acknowledgement and will be informed that Clic and Walk has a maximum of 7 work days to check the conformity of the elements transmitted against the technical specifications given in the Mission tender.

At the end of this period, if the Mission has been executed in accordance with the technical specifications of the Mission tender, the account of the ClicWalker will be credited with the amount stated in the original tender.

In the event of rejection of the Elements transmitted by the ClicWalker, the latter shall be informed of the reasons for the rejection in an email sent to their email address given at the time of registration. The Mission will be removed from the account of the ClicWalker and will be made accessible once again to the entire ClicWalker community.

In the event of fraud or transmission of content contrary to good moral standards, the ClicWalker may be excluded from the ClicWalker community with the automatic closure of his/her account.

In any event, the ClicWalker, as a private individual, is in no manner legally subordinate to Clic and Walk.

The ClicWalker also acknowledges that under the present Conditions, he/she has the status of a free agent service provider in the execution of his/her Missions, carried out on an irregular basis.

For each Mission executed, and after verification of the Elements transmitted, under the provisions of article 5 of the present Conditions, Clic and Walk shall immediately credit the virtual account of the ClicWalker with the sum indicated in the Mission tender, after verification of the mission. The mission shall then appear as validated on the Application.

When the ClicWalker reaches the threshold at which he/she can request payment of his/her credits, Clic and Walk undertakes to make payment in accordance with the procedures indicated in article 8 of the present Conditions.

ARTICLE 5: TECHNICAL SPECIFICATIONS

Under the heading "Technical Specifications" in the Mission tenders, the ClicWalker shall, in particular, be able to take note of the contents and characteristics of the Missions such as:

  • - Take a close-up photograph of product "X", or shelf "Y", price labels of products "X" or film a location...
  • - Mission to execute on a specified day, in shop "Y" ...
  • - Take a photo of a certain exhibition, trade fair, show...

It is agreed between the Parties that the technical specifications confer upon the Missions a simple and basic character that does not require any specific competence or know-how.

At the end of each Mission, the Elements collected and provided by the ClicWalker are objectively evaluated by Clic and Walk in accordance with the following criteria:

  • (i) the photos or videos must be clear, of good quality and/or audible,
  • (ii) the photos or videos must be well-framed and respect the contents and subject as defined in the Mission tender,
  • (iii) the photos or videos should not include the presence of any third party, persons (adult or minor) or animals,
  • (iv) in the event of auto-polls, the information transmitted shall be complete and exhaustive (questionnaires, comments, notations...).

ARTICLE 6: RESPONSIBILITY OF CLICWALKERS

6.1. The ClicWalker undertakes not to use the Site and/or the Application to, in particular:

  • - publish, transmit, share, stock or to make available, by any means, content contrary to public order, prejudicial, threatening, illegal, defamatory, non-authorized, abusive, insulting, malicious, vulgar, obscene, fraudulent, constituting an invasion of privacy or image rights, odious, inciting violence, racial or ethnic hatred, political propaganda, religious or ethnic proselytism or otherwise reprehensible;
  • - create several accounts or usurp the identity of a third party;
  • - transmit any element containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit software functionality, information technology equipment or electronic communications;
  • - publish, transmit, share, stock or to make available by any other means content which constitutes or encourages a criminally punishable act or provide instructions on how to perpetrate such an act that infringes the rights of a third party or is likely to engage the liability of a third party or infringe local, national or international legislation.
  • - use as communication tools and support on social networks.

6.2. In any of the above cases, and more generally, in the event of abnormal use of the Site and/or the Application or illicit or fraudulent exploitation or detrimental to good moral standards, the ClicWalker has sole liability for any harm caused to the interests of a third party and for any demand for damages or other legal consequences that may result from such use.

Under the present Conditions, the ClicWalker also waives the right to exercise any recourse against Clic and Walk in the event of legal proceedings brought against the ClicWalker by a third party due to illicit or fraudulent use and/or exploitation of the Site and/or the Application.

6.3. It is the responsibility of each ClicWalker to take all the appropriate measures so as to protect his/her own data and/or software programs stocked on his/her mobile or information technology equipment against all such violations.

6.4. It is the responsibility of ClicWalkers, as private individuals therefore subject to the provisions of Article 92 CGI, to adopt the most appropriate legal status as soon as the Missions are likely to generate revenues for him/her and, in such an event, to proceed to make the necessary administrative and fiscal declarations that he/she is bound to do so by the applicable legislation in effect in their country. All information is available at: www.impots.gouv.fr.

ARTICLE 7: TRANSFER OF RIGHTS OF USE AND EXPLOITATION TO Clic and Walk

Within the framework of the execution of the present service contract that binds the ClicWalker and Clic and Walk, it is agreed that on transmission of Elements and information by the ClicWalker, the latter transfers irrevocably and concomitantly all rights to Clic and Walk for the purpose of commercial exploitation.

The ClicWalker is therefore completely informed that Clic and Walk accesses such Elements and information collected by the ClicWalker in order to process, analyse, compile and exploit them, within the framework of the Mission entrusted by the CLIENT to Clic and Walk, and in particular for the purpose of marketing and communication studies.

The ClicWalker acknowledges that he/she has been informed and accepts that the Elements and information so transferred to Clic and Walk are transmitted anonymously to the Client and are stored and classified by Clic and Walk in order to constitute a database, available to Clients who wish to access it, and in particular to clients with a user licence.

The ClicWalker declares that the Elements and Information are not copyright protected, as defined by section L. 112-2 of the French Intellectual Property Rights Code and do not infringe upon the rights of a third party and are not subject to any such claim. The ClicWalker promises to indemnify Clic and Walk for any claim of whatever nature that might arise with regards to the ownership of transferred rights, whether it be regarding intellectual property rights or image rights or unfair competition or commercial parasitism and promises to reimburse Clic and Walk for any sums that the latter might be sentenced to pay for such reasons.

The ClicWalker also acknowledges that he/she has been informed that Clic and Walk may transmit such data at the request of a duly recognized administrative or legal authority.

ARTICLE 8: FINANCIAL CONDITIONS

When a Mission tender is put online, the ClicWalker is informed of the corresponding sum that will be credited to his/her account in the event of execution of the Mission, subject to the provisions of articles 4 and 5.

The Clic and Walk application allows ClicWalkers to monitor the evolution of their earnings.

It is agreed between the Parties that the previously mentioned credits do not cover possible travel costs incurred by the ClicWalker for his/her journey to the place of Mission execution.

The ClicWalker may demand payment of sums due to him/her once a minimum payout threshold of 4 Euros is reached. Clic and Walk proceeds on a weekly basis to pay ClicWalkers who have requested the release of funds due to them.

After 12 consecutive months of inactivity, (no participation validated during this period), the virtual wallet of the ClicWalker shall be reset to zero.

In any event, the remuneration of credits to a ClicWalker is limited to 1200 Euros maximum per calendar year. In the event where the limit is exceeded in the calendar year, Clic and Walk shall address an email to the ClicWalker to notify him/her with a reminder that he/she is obliged to respect the provisions of article 6.4 of the present Contract.

Anyway, in January of each year, Clic and Walk commits to transmit to the Clicwalker a document that summarizes the gross amount of known transactions and received during the previous year.

ARTICLE 9: AVAILABILITY AND RESPONSIBILITY OF Clic and Walk ON USE OF SERVICES

Clic and Walk endeavors to do its utmost to ensure the smooth running of the Site, the Application and the services listed, within the limits of its responsibility as defined in the present General Terms and Conditions.

9.1. Clic and Walk accepts no responsibility in the following cases, without this list being exhaustive:

  • . In the event of disruption of the Site or the Application for technical maintenance operations or updating of published information,
  • . In the event of the Site (and/or the Websites connected to it) or the Application being temporarily unavailable for technical reasons, whatever the origin or source of the problem, or in the event of Force Majeure,
  • . In the event of contamination by a possible computer virus circulating on the network,
  • . More generally, in the event of direct or indirect harm caused to the ClicWalker, of whatever nature, as a result of access to, or use of, the Site (and/or the Websites connected to it) or the Application,
  • . In the event of abnormal or illicit use of the Site or the Application,
  • . In the event that the ClicWalker loses his/her identifier and/or password or in the event of usurpation of his/her identity,
  • . due to content put online by the ClicWalker or a Third Party such as texts, images, photos, videos...

9.2. Despite the great care given to the creation and updating of the present Site, Clic and Walk cannot give any guarantee, express or tacit, concerning the information contained on the Site. In consequence, Clic and Walk cannot be held liable for any harm, direct or indirect, as a result of any errors whatsoever, inaccuracies or omissions concerning information contained on the Site.

9.3. Clic and Walk cannot be held liable, nor considered at fault under the present General Terms and Conditions of Use, for any delay or non-execution, when the cause of the delay or non-execution is due to a case of Force Majeure.

9.4. Clic and Walk reserves the right to modify the terms, conditions and notices of the present Site at any time, in particular in the event of technical or legal developments or of new jurisprudence or during the introduction of new services. The ClicWalker is therefore advised to regularly consult the latest version of the present Conditions in effect.

9.5. The Site and the Application are available wherever the user may be, from the moment that the minimal technical conditions are met, and in particular with regard to access to the mobile telephone network, Internet and the technical compatibility of the equipment used. Clic and Walk cannot be held liable in any circumstances for the Site or the Application being inaccessible for technical reasons. The range of services described may be modified at any time at the initiative of Clic and Walk, and without prior notice: modification of the functionalities, new services or termination of services, ergonomics.

9.6. Lastly, you are informed that the use of our Service is achieved via the Internet network and via your Internet service provider. In consequence, you are well aware of the technical uncertainties that may affect our service and cause disruption or downtime making it difficult or even temporarily impossible to use the service. Clic and Walk cannot be held responsible for access problems to Services due to disruptions of the internal ClicWalker network, to shortcomings of or delays caused by Internet service providers or external service providers in charge of our platform, although we are vigilant and monitor performance continually.

If Clic and Walk detects a security flaw likely to seriously jeopardize the security of Services and data, Clic and Walk shall proceed, without prior notice, to temporarily close the Site in order to fix the security flaw as quickly as possible.

ARTICLE 10: PERSONAL DATA

Clic and Walk asks each ClicWalker to communicate a certain amount of personal information (civil status or name of company, email address, telephone number...), in order to be able to identify or simply to guarantee the unique character of his/her personal access. The geolocalization data of the ClicWalker is stored at the time of his/her connection to the Clic and Walk Application.

Under the provisions of Act no. 78-17 of 6 January 1978, amended in 2004, relating to Information Technology, Data Files and Civil Liberties, personal data collected is subject to automated processing of such data and has thus been declared to the Commission Nationale de l’informatique et des Libertés [CNIL] under declaration number: xxxxx.

The ClicWalker has the right of opposition, access to and rectification of data concerning him/herself at any time. To exercise this right, the ClicWalker simply has to send a request by email to: isabelle@clicandwalk.com.

In accordance with section 6, paragraph 5 of Act no. 78-17 of 6 January 1978, amended in 2004, data of a personal nature shall be stored in a form that allows the identification of the data subjects for a period no longer than is necessary for the purposes for which the data was collected and processed.

In accordance with the above mentioned Act, on forms for the collection of data of a personal nature, the ClicWalker is informed in particular of: the identity of the person responsible for data processing, his/her rights concerning data of a personal nature, the recipients, the purpose of the processing and whether replies to the questions are compulsory or optional.

For the Elements and Information given by the ClicWalker to Clic and Walk, it is understood between the Parties that such Elements and Information are not covered by "data of a personal nature" as defined in the provisions of Act no. 78-17 of 6 January 1978, amended in 2004, relating to Information Technology, Data Files and Civil Liberties, when such data is anonymous and does not allow identification of the ClicWalker.

ARTICLE 11: INTELLECTUAL PROPERTY

The presentation and contents of the Site and the Application constitute, together, work protected by the legislation in effect on intellectual property, of which Clic and Walk is the rightful owner. Any reproduction, in part or in whole is systematically subject to the authorization of Clic and Walk.

11.1. Texts, images, drawings and the lay-out as well as the graphic charter of the Site and the Application are protected by intellectual property rights law. It is prohibited to copy, extract, transmit or modify the contents of the Site or the Application for commercial purposes. Downloading and printing of text, images and graphics are authorized for private and non-commercial use only. The reproduction of drawings, images, audio files, video sequences and texts in other electronic or printed publications requires the prior written consent of Clic and Walk. Failure to obtain such authorization prior to reproduction constitutes infringement of copyright, which is a punishable offence.

11.2. Marks and logos reproduced on the Site and the Application are registered and protected trademarks. Any reproduction in part or in whole of the trademarks and/or logos present on the Site and the Application, based on elements of the Site and the Application, without the express authorization of Clic and Walk, constitutes an infringement of copyright punishable under section L. 713-2 and the following sections of the French Intellectual Property Rights Code.

11.3. The databases established by Clic and Walk are protected by copyright law as well as the Act of 1 July 1998 which transposes Directive no. 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases into French Intellectual Property Rights Code. Without written authorization from Clic and Walk, any reproduction, representation, adaptation, translation and/or modification, in part or in whole as well as any qualitative or quantitative substantial extraction towards another Site or application is prohibited and punishable under section L. 343-4 and the following sections of the French Intellectual Property Rights Code.

11.4. By downloading and installing the Application Clic and Walk on his/her Mobile Terminal, the Internet User is granted a User Licence for unlimited use. The licence only grants the right to install the Application on his/her Mobile Terminal and to use it in accordance with its end purpose.

The Internet User only has the right to use the executable version of the Application. He/she therefore undertakes not to reproduce it in part or in whole. The Internet User cannot modify, re-arrange, reproduce, adapt or decompile the Application. The Clic and Walk Application is designed for a strictly personal use by the Internet User, who therefore formally agrees not to grant sub-licences, to rent out, to lend or to commercialize it. In general, it is strictly prohibited to use it as a means or an instrument used to the advantage of a third party except in the event of an explicit agreement signed with the company Clic and Walk. These restrictions concern the Application as a whole including all its components: therefore, images, clipart, texts and all other elements contained in the Application remain the property of Clic and Walk. Any use of the Application or any technical operation on the Application not specified under the present licence is an infringement of copyright, which is a criminal offence and punishable by fines and imprisonment.

ARTICLE 12: HYPERLINKS

Clic and Walk specifies that the use of hypertext links may result in the ClicWalker entering other Websites or applications, independent of the present Site. The established hypertext links towards other sites or applications from the present Site do not, in any case whatsoever, engage the responsibility of Clic and Walk. Similarly, the insertion of hypertext links towards a part or the whole of the present Site is authorized on a non-exclusive basis, which is revocable at any time without any obligation on Clic and Walk to give any justification whatsoever, and on the condition that the link does not give, to the detriment of the present Site, a misleading, false or derogatory appearance that may cause Clic and Walk harm. Concerning this authorization, Clic and Walk reserves the right of opposition. Clic and Walk cannot be held liable for any harm, direct, indirect or incidental caused as a result of access to or use of information originating from third-party sites.

ARTICLE 13: DURATION AND TERMINATION

The services of the Clic and Walk Site and the Clic and Walk mobile Application are provided for an unlimited duration. In the event of failure by the ClicWalker to conform to the present General Terms and Conditions, Clic and Walk may immediately suspend or withdraw part or all of the services provided, by means of closing the account.

The ClicWalker may give notice of his/her wish to end the contractual relationship with Clic and Walk at any time; the termination of the relationship comes into effect on the day of that the account closure is confirmed by letter or email.

In such a case, possible credits in the account of the ClicWalker will be paid out, if the sum exceeds the minimum payout threshold of 4 Euros, at the express request of the ClicWalker, within a maximum period of 15 work days from the send date of the confirmation of the closure of the account.

ARTICLE 14: ENTIRETY AND INDEPENDENCE OF THE CLAUSES

The present General Terms and Conditions constitute the entirety of the agreement between the parties and cancel and replace all previous agreements. If a part of the General Terms and Conditions is invalidated or non-applicable, the rest of the agreement remains in effect and applicable. Any failure to respect the General Terms and Conditions cannot be considered as a waiver. Any amendment or exception to the present General Terms and Conditions must be set out in writing and signed by Clic and Walk. All the rights and obligations in the framework of the General Terms and Conditions are transferable by Clic and Walk, in particular in the event of a merger, an acquisition or the sale of Clic and Walk assets.

ARTICLE 15: APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Terms and Conditions of Use are solely subject to French law. Any legal dispute arising falls under the exclusive jurisdiction of the Law Courts in Lille, France.