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TERMS OF USE OF JUSTISCALL SERVICES

 I- OBJECT

 These Terms of Use (hereinafter referred to as "CU") are intended to define (i) the conditions of use of the Justiscall Services and (ii) the rights and obligations of Justiscall and the User.

The Justiscall Platform offers the possibility for the User in particular to use the (i) Directory Service; (ii) Online Appointment Scheduling; (iii) Teleconsultation and/or (iv) Document Management.

The Services are provided to the User free of charge. Nevertheless, the User acknowledges that the Justiscall Platform refers to legal acts or appointments carried out by a legal professional in the context of a consultation with a legal professional that may be subject to billing of fees. When Justiscall provides details on its Site concerning the tariffs of professionals' fees, this information is provided for information purposes only and for the sake of convenience. Under no circumstances does Justiscall guarantee the accuracy of such information. The final price of the treatment may vary depending on the type of consultation actually carried out, in accordance with the treatment agreements in force with the professional. It is up to this Professional to inform the Client of the cost of his intervention.

 

  • Concerning professionals registered on the JUSTISCALL PRO platform:

The use of JUSTISCALL requires the payment of a monthly consideration amounting to €60 including tax per month, i.e. €50 excluding tax. This sum is payable as soon as the professional is registered on his profile. The validation of the profile and the acceptance of the general conditions of use lead ipso facto to the debit of the aforementioned sum each month. This is not a subscription and the professional can stop payment after notifying JUSTISCALL one month of the new direct debit. Please note that any month started is due.

The information to cease the use of the platform by the legal professional must be done either by email to the email address of JUSTISCALL:  contact@justiscall.com or by registered mail to the address of the registered office of JUSTISCALL. The cessation of payment will lead to the disappearance of the profile of the legal professional.

The absence of payment leads to the disappearance of the profile of the JUSTISCALL platform. The professional agrees that the information he records on his profile is sincere and true and engages his sole responsibility.

 

PRESENTIAL OR TELECONSULTATION CONSULTATIONS ARE NOT EMERGENCY SERVICES. IN CASE OF EMERGENCY.

 

  1. DEFINITIONS

 The definitions attached to these Terms of Use are available.

  1. CONDITIONS OF ACCESS TO SERVICES

Any User can access the Directory Service without having to create a By using the features available on the Justiscall.fr Site, the User acknowledges having read and unreservedly accepted these Terms of Use.

  • Any User creating a User Account in order to access the Online Appointment Scheduling, Teleconsultation and Document Management Services also undertakes to comply, without reservation, with these TOU. The User expressly accepts the CU, without restriction or reservation when creating his Account. The creation of a User Account implies the User's full and entire adherence to the Contract.

3.3. If the User does not agree with all or part of the TOS, he must not use the Services.

The CU are applicable from their acceptance by the User for an indefinite period until the termination of the Contract for Users with a User Account.

ABILITY : Use of the Services is reserved for Users who are natural persons over the age of fifteen (15) and capable of entering into obligations in accordance with French and European law.

  1. CREATION OF A USER ACCOUNT

 

In order to benefit from the Online Appointment Scheduling, Teleconsultation and Document Management Services, the User must create an online User Account. When creating his User Account, the User undertakes to provide accurate and complete Information on his identity as requested in the online form. In particular, he undertakes not to create a false identity likely to mislead Justiscall, Legal Actors or third parties and not to usurp the identity of another person. The User undertakes to immediately update, in the event of any modification, the data that he communicated during his first connection to his User Account.

Given the nature of the Services provided, Justiscall reserves the right to verify and/or have verified, by a specialized third-party service provider, the identity of the User, in particular by asking him to send a copy of his identify.

After the validation of the CU and the creation of his User Account, the User receives a confirmation email electronically to the address he has provided. It is the User's responsibility to verify that the email address provided is correct when creating their Account.

In the event that the User provides false, inaccurate, obsolete, incomplete or misleading information, Justiscall may, immediately without notice or compensation, suspend access to the User Account and refuse access, temporarily or permanently to all or part of the Services.

RELATIVE ACCOUNTS: The User can use his Account to make appointments for himself or for a Relative. The user acknowledges having received from this Relative the authorization to (i) use his Personal Data and register them on the Justiscall Platform; (ii) to make an appointment in his name.

The User undertakes to inform, when creating the Near's account or when making an appointment online, the telephone number and email address of the said Near in order to allow him to receive the SMS / communication emails related to the appointment as well as any Document related to his care that the Legal Professional would like to send him. In case of impossibility to fill in the contact details of his Relative, the User acknowledges having obtained the prior agreement of his Relative in order to receive for him the information and documents relating to the appointment of this one.

  1. TECHNICAL SPECIFICITIES OF ACCESS TO SERVICES

 The User Account includes in particular the Identifiers entrusted by Justiscall. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User's identification elements is lost or stolen, the latter must immediately inform Justiscall, who will then cancel and/or immediately update the Identifier concerned.

The User is solely responsible for the use made of his Identifiers, in particular if he pre-registers his Identifier on equipment, thus allowing automatic connection to the Services.

Any access, use of the Services and transmission of data made from the User Account will be deemed to have been made by the User.

 In this regard, the User is required to ensure that at the end of each session he actually disconnects from the Services, in particular when he accesses the Services from a public computer.

Any loss, misappropriation or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of this User. In all the cases mentioned above, the User is required to notify Justiscall, without delay, by electronic message, specifying his Identifiers, surname, first names at the following address: contact@justiscall.com, so that Justiscall can reset the User Account.

  1. SMS AND EMAILS ADDRESSED TO THE USER

 

  • By making an Online Appointment, the User requests and therefore authorizes the requested professional, via Justiscall, to send him SMS and emails (i) confirming, canceling or reminding appointments; (ii) information about sending the document; (iii) information on renewal reminders and (iii) any type of information relating to appointments made, in particular on the Justiscall Platform.
  • Furthermore, the User acknowledges and agrees that any Legal Professional who is part of his team, via Justiscall, sends him SMS or emails concerning his
  • These SMS/emails are sent by Justiscall on behalf of the Legal Professional with whom the User has made an appointment via the Justiscall Platform or by another means, independent of Justiscall declines all responsibility in the event of non-receipt of an SMS. or email for technical reasons beyond its control.

The User may object to the sending of SMS/e-mails. For this, he must make a request to the Legal Professional with whom he has made an appointment. The Legal Professional is solely responsible for deactivating the sending of SMS/email if the Client objects to it.

  • Justiscall and the Legal Professional decline all responsibility in the event of an error in the entry of contact details by the User making it impossible to send any SMS or email

necessary for the proper functioning and proper administration of the Online Appointment Scheduling Service.

  1. OBLIGATIONS, RESPONSIBILITIES AND GUARANTEES OF JUSTISCALL

 

Justiscall puts in place the means and measures necessary for the proper functioning and maintenance of the continuity and quality of the Services.

The User acknowledges that the role of Justiscall is limited to that of a simple intermediary and technical service provider.

The User acknowledges that Justiscall cannot be held responsible for an interruption of Services or a delay in performance beyond its control and, in particular, that the provision of the Services depends on the reliability, availability and the continuity of connections from a number of third parties (telecommunications network operators, the public Internet, User Equipment, etc.) as well as the accuracy and integrity of User Data. Justiscall may be required to suspend the Services for scheduled maintenance purposes by Justiscall or one of its subcontractors or in the event of a technical imperative (emergency maintenance).

It is understood between the Parties that Justiscall cannot under any circumstances be held responsible for repairing any consequential damages suffered by Users when using the Services.

In addition, Justiscall cannot be held liable for acts (i) resulting from an act or negligence by the User or (ii) which do not comply with the applicable regulations and/or the Contract. Justiscall declines all responsibility in the event of a dispute, whatever the cause, between a User and a professional, not attributable to Justiscall.

Justiscall cannot be held liable under any circumstances (i) for the non-execution or poor execution of an act or care by a Legal Professional (ii) for the content of a File by a User at the from a face-to-face or videoconference consultation.

  1. GENERAL OBLIGATIONS OF THE USER

 The User agrees to:

  • comply with the terms of the Contract;
  • to make available to Justiscall, without limitation, all supporting documents to certify the User Data;
  • communicate to Justiscall, within the agreed deadlines, all the information necessary for the provision of the Services and update the User Data in writing. The User is solely responsible for the consequences of a failure or delay in updating said Data;
  • verify that the Equipment necessary for the use of the Services and used complies with the technical requirements communicated to it; The supply, installation and maintenance of the Equipment as well as the costs of electronic communications (such as telephone costs and Internet access costs) resulting from their use are the sole responsibility of the User. It is the responsibility of the User to find out the price of use of said Equipment and services from the operators concerned;
  • protect against the risk of loss or hacking of data, files and programs by using regularly updated anti-virus software;
  • restrict access and observe the utmost confidentiality with regard to the modes of access to the Services, whatever they may be, and in general, secure these modes of access in order to prevent unauthorized use of the Services ;
  • use the Services in compliance with the laws and regulations applicable to the Contract;
  • not to use the Services in a way that could harm the reputation of Justiscall and/or legal professionals.
  • that the User Data that he communicates in the context of the use of the Services does not prejudice the rights of third parties and to be authorized to distribute them.
  • only use the Platform and the Services for private purposes. The Services may not be used for commercial purposes
  • Furthermore, the User:
  • is responsible (i) for the use he or his Relatives make of the Services, (ii) for the User Data he provides on the Platform and (iii) for the use thereof by Justiscall and/ or Legal Actors;
  • justiscall cannot be held responsible for false profiles.
  • indemnifies Justiscall, its representatives for all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to (i) the use of the Services by the User and/or his Relatives in an illegal, immoral, fraudulent or non-Contract manner; (ii) the User Data that he provides and their use by Justiscall and/or the Legal Actors and their Assistants; (iii) the violation of Intellectual Property rights of Justiscall as well as of any third party, due to the use of the Services by the User.
  1. DIRECTORY SERVICE

 The Directory Service allows the User holding a User Account and the Site Visitor to search for a Legal Professional according to different criteria (location, specialty, languages spoken, male/female, etc.), to consult the page of the Legal Actors thus sought and to indicate to the Legal Professional that he has sought to make an appointment online with him on the Justiscall Platform.

Justiscall does not guarantee that its directory contains all the Legal Actors practicing on French territory and more specifically on the User's geographical search area. Accordingly, the User may not find a Legal Professional on the Site using the Directory Service.

JUSTISCALL refers the User to the site of the competent Professional Orders with regard to Legal professionals exercising a regulated profession and to the sites of the representative unions of Legal professionals not exercising a regulated profession in order to obtain the exhaustive list of members of each profession concerned . The list of Professional Orders is available on the Justiscall.fr website.

JUSTISCALL recalls that under no circumstances can the Directory Service be assimilated, due to its lack of exhaustiveness, to a service for addressing Clients to LEGAL PROFESSIONALS.

The User always retains the choice of Legal Actors whom they consult in accordance with their orders, the ethical provisions applicable to regulated professions and the binding provisions applicable to non-regulated professions.

Justiscall is in no way responsible for the accuracy of the information on each professional's page. The accuracy and updating of this data are the sole responsibility of the said professional.

 

  1. ONLINE APPOINTMENT SERVICE

 The User may, at any time, make an appointment online with a Legal Professional - Justiscall Subscriber, for himself or for a Relative, for a face-to-face consultation, by teleconsultation or by assisted teleconsultation, at an indicated time. as available by the Legal Professional on the Justiscall Platform and which the User has previously identified through the Directory Service. Each appointment is transmitted in real time to the Actor, who, if necessary, can postpone or even cancel the appointment in his In this case, the User is immediately informed by email and/or SMS.

  • The User can also (i) manage his appointments and those of his Relatives (cancellation, modification) and (ii) follow the history of his appointments and that of his Relatives.
  • It is up to the User to make any checks that seem necessary or appropriate before making any reservation with one of the Legal Actors registered on the Platform.

The use of the Services does not dilute, modify or attenuate either directly or indirectly the responsibility and the obligations of the Legal Actors registered on the Justiscall Platform vis-à-vis the Users. The Legal Actors exercise their professional practice in complete independence, according to their ethical, legal and regulatory obligations and under their exclusive responsibility.

Justiscall is in no way responsible for any cancellation or unavailability of the Legal Professional following the scheduling of an appointment by the User via the Online Appointment Scheduling Service.

The User undertakes to complete all the necessary Data requested of him for the proper use of the Online Appointment Scheduling Service.

The User is informed of the fact that scheduling an appointment via the Online Appointment Scheduling Service constitutes a firm commitment on his part, and that any no-show at a scheduled appointment must be prior notification of cancellation or postponement to the Legal Professional concerned. This information can be provided either via the cancellation system offered via the Justiscall Platform, or by any other means of contacting the professional. The User acknowledges having been informed that he exclusively assumes the consequences of his non-presentation at an appointment vis-à-vis the Legal Professional concerned.

The User is also informed that the Legal Professional has the possibility of blocking the User's online appointment from the second appointment not honored. If the Legal Professional decides to block online appointment booking, the User will no longer be able to make an online appointment with this Legal Professional for a maximum period of three (3) years or until the 'Concerned legal professional unlocks their ability to make appointments online. The Legal Professional is solely responsible for his decision to block a Client's appointment. Justiscall declines all responsibility in the event of a dispute related to the blocking of a Client's online appointment by the professional.

  1. TELECONSULTATION SERVICE

 

In order to benefit from a quality Teleconsultation Service, the User must have at least the following equipment: (i) a sufficiently recent smartphone or computer with a camera with satisfactory resolution and (ii) an Internet connection (in 4G) with sufficient speed. If this is not the case, the Legal Professional may put an end to the Teleconsultation and if he deems it appropriate, charge the User for the costs relating to the acts already carried out. Justiscall is only a technical intermediary, between the User and the legal professional, allowing remote consultation by video transmission, the sending of documents electronically and online payment.

When making an appointment for a Teleconsultation, the User agrees to provide the banking information that will be necessary for the online payment of the Teleconsultation. The payment system is outsourced to an approved payment service provider.

During the appointment, the User is invited to come to the Teleconsultation a few minutes before it in order to ensure the quality of the audio and video connection of the smartphone or computer.

When connecting for the Teleconsultation, the User is put on hold by the Legal Professional for a period left to the discretion of the latter. The Legal Professional then activates the start of the Teleconsultation. JUSTISCALL cannot be held responsible for delays or cancellations by professional users.

The User undertakes to use the Teleconsultation Service under conditions enabling him to ensure confidentiality and the smooth running of exchanges with professionals. In particular, the User must make sure to carry out the Teleconsultation in a sufficiently bright and calm place to allow a quality Teleconsultation.

The Legal Professional is the sole judge of the relevance of remote support for the User and may interrupt the Teleconsultation if necessary if the conditions for remote support are not met. The duration of a Teleconsultation is left to the discretion of professionals. During the Teleconsultation, the User must comply with the instructions specified by the professionals, for optimal care or diagnosis. The Legal Actors carry out the Teleconsultation in complete independence, in accordance with the ethical and legal obligations incumbent on them. The Teleconsultation takes place under the exclusive responsibility of the User and the professionals.

The User undertakes not to record, copy or distribute any content or extract of content in connection with the Teleconsultation, whatever the means, medium, process or purpose. The Teleconsultation is not recorded by the professional, by Justiscall or by any other third party. However, the Teleconsultation Service allows professionals, if necessary and for the sole purpose of facilitating the establishment of a diagnosis or to complete the Client's file, to capture an image of the teleconsultation.

The User is informed that any breach of image rights, respect for private life or professional and medical secrecy may be subject to penalties, including criminal penalties.

In the event of a malfunction of any kind whatsoever during the Teleconsultation, the User must immediately inform the professional. The User who improperly interrupts the Teleconsultation engages his responsibility with regard to the professional.

At the end of the Teleconsultation, the Legal Professional confirms the amount to be paid by the User. Depending on the situation, the Legal Professional may decide to scale down or not charge for the Teleconsultation.

The User will then be able to receive the corresponding fee note on his User Account, and if necessary, the report of the Teleconsultation and/or a prescription, by going to the “my appointments” section and selecting the Teleconsultation carried out in order to download the said documents. The establishment of a prescription is at the discretion of the professional.

Incivility, verbal or written, against Legal Actors may be subject to prosecution and the suspension or even termination of the User account by Justiscall.

Justiscall cannot ensure the compliance of its Teleconsultation Service and its use beyond French jurisdiction.

Assisted teleconsultation: In the context of an assisted Teleconsultation, Online Appointment Scheduling and Teleconsultation are carried out by the State Registered Nurse on behalf of the User from the Justiscall account.

DOCUMENT MANAGEMENT SERVICE

 

By accessing his User Account, the User can:

  • add Documents in the “My documents” tab for himself and/or Relatives for whom he makes an appointment online via the Justiscall Online Appointment Scheduling Service for which he has received authorization to manage their Documents.
  • access, consult and download the Electronic Documents and Prescriptions shared by Legal Actors - Justiscall Subscribers, following a face-to-face consultation or a Teleconsultation from the “My documents” tab.
  • share his Documents with Subscriber Legal Actors when making an appointment online in Teleconsultation or from the “My appointments” tab on Justiscall, for him or for a
  • share a document with a third party by email, via the Platform

The User remains the sole owner of the Documents that he adds to the Document Management Service and of the Documents that are shared with him by his Legal Actors. He has the possibility to add, consult, rename, download and delete these Documents at any time. A Document deleted by the User is permanently deleted, both on the User's account and on the account of the Legal Actors hosted on the Justiscall Platform, with whom the Document may have been shared by the User. The Legal Professional retains the possibility of making a copy of the Document during the period of time when he has access to it. In the event that the User wishes to ensure that the Document is deleted by the professional, he must make an express request to the latter to delete the Document.

Furthermore, the User remains solely responsible for the legality of the content of the Documents that he adds to the Document Management Service or that he shares with the Legal Actors or with other persons.

Justiscall is in no way responsible for the content or accuracy of the Documents shared by the Legal Actors with the User.

The transmission by the User of Documents containing Legal Personal Data to any third party is done under his sole responsibility.

  1. INTELLECTUAL PROPERTY

 The Services of Justiscall and all the elements which compose them are, except particular mentions, the exclusive property of Justiscall.

No provision of the Contract may be interpreted as an assignment of Intellectual Property rights.

Justiscall grants the User, for the duration of the Contract, a personal, non-exclusive, non-assignable and non-transferable right of use of the Justiscall Platform.

The User undertakes not to (i) attempt to access or copy the source codes of the Justiscall Platform; (ii) use the Justiscall Platform for purposes other than using the Services; (iii) create copies of the Justiscall Platform; (iv) reproduce, correct, extract, modify, translate into any language or language, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), or incorporate the Justiscall Platform in another software or create derivative works based on the Justiscall Platform, whatever the means and the medium; (v) resell, rent, or commercially exploit the Justiscall Platform, nor assign/grant the Justiscall Platform to a third party; (vi) perform penetration testing or attempt to obtain a denial of service on the Services.

The User acknowledges that any violation of this article constitutes an act of counterfeiting under civil and criminal law.

The User understands and agrees that the Justiscall Platform is not intended to meet any particular requirement whatsoever on his part and is provided “as is”. Justiscall excludes, to the extent permitted by law, any warranties of any kind.

  1. SUSPENSION

 

14.1 – Suspension with notice

 

In the event of (i) non-compliance by the User with the stipulations of the Contract or (ii) behavior of the User likely to harm Justiscall and/or a Legal Professional and/or other Users, or (iii) violation of the laws and regulations in force, Justiscall will give formal notice to the User, upon notification sent by any means, to remedy the fault(s) charged within seven (7) days following the date of notification before automatically suspending or limiting the User's access to all or part of the Services.

14.2 – Suspension without notice

 

In the event of serious danger – perceived or proven – for (i) a Legal Professional and/or a Client, or (ii) the reputation of Justiscall or a professional on the platform, Justiscall may suspend or limit the access of the 'User to all or part of the Services without notice. The User will be informed of this suspension by any means.

Justiscall will decide unilaterally on the follow-up to be given to the suspension of the Contract.

14.3 – Consequences of suspension

 

During the period of suspension of his access to the Services, the User may exercise his rights over his Personal Data, in accordance with the “User Rights” article of the Personal Data Protection Policy.

Justiscall shall not be liable for damages resulting from the suspension of the Services under this article.

  1. TERMINATION

 

15.1 Termination by Justiscall

 

The User acknowledges being informed that all or part of the Services may be terminated by Justiscall, without the latter having to justify its decision and without compensation. In this context, the User is informed that Justiscall must give notice of one (1) month.

Furthermore, in the event of serious misconduct by the User, such as the use of one or more Services (a) contrary to the stipulations of the Contract, (b) contrary to laws and regulations (c), likely to harm the reputation of Justiscall or a platform professional, or the physical or mental integrity of another User, Justiscall may terminate, by any means, all or part of the Services with seven (7) days' notice from the effective suspension and without compensation.

15.2 Termination by the User

 

The User may terminate the Contract at any time by requesting the deletion of his User Account at contact@justiscall.com or by logging into his User Account (“My Account” section).

In accordance with his right to portability of Personal Data, the User may recover them in CSV or Excel format before any deletion of his User Account. The User acknowledges having all the rights and/or authorizations necessary to be able to retrieve the aforementioned data.

15.3 Consequences of termination

 

Any termination of the Contract by Justiscall or the User automatically entails (i) the end of the right of access to the Services by the User, (ii) the deletion or anonymization of all User Data as well as all Documents, contained in the User Account.

Justiscall is nevertheless authorized to keep a copy of the Confidential Information for all purposes required by applicable law.

ANY SUM AUTHORIZED TO BE COLLECTED CANNOT GIVE RISE TO REIMBURSEMENT. EVERY MONTH BEGINS IS DUE.

IF THE USER SUBSCRIBES IN THE MIDDLE OF A MONTH, THE ENTIRE MONTH IS DUE. ANY PAYMENT FOR THE YEAR IS CASHED IMMEDIATELY FOR THE YEAR (12 MONTHS). If the contract is terminated by the user or JUSTISCALL for the stated reasons, no refund can be requested.

  1. PROTECTION OF PERSONAL DATA

 The Personal Data protection policy available on Justiscall.com describes the respective roles and obligations of the User and Justiscall regarding the processing of Personal Data in the context of the performance of the Services. By accepting these T&Cs, the User and Justiscall undertake to comply with the terms and conditions of said personal data protection policy.

 

  1. COOKIES 

Justiscall expressly invites the User to consult its policy relating to Cookies which forms an integral part of these CU.

  1. DATA TRANSFER TO THE APPLICATION

 The User expressly authorizes Justiscall to proceed with the transfer to the Justiscall Platform of any User Data necessary for perfect use of the Services provided by Justiscall.

  1. PRIVACY

 

Each Party guarantees to ensure the strict confidentiality of the Confidential Information shared during the pre-contractual and post-contractual phases, as well as during the execution of the Contract. As such, each Party undertakes to (i) only use the Confidential Information for the sole purpose of performing the Contract and to the strict extent necessary; (ii) take all necessary precautionary and protective measures to preserve the confidentiality of the Confidential Information of the other Party and to prevent access by unauthorized persons and, at a minimum, offer them the same degree of protection only to its own Confidential Information; (iii) never to disclose or reproduce the Confidential Information of the other Party to persons other than its members, employees, agents (a) who must have access to this Confidential Information to fulfill the obligations of which the Party in question is bound by the Contract, or (b) who have standing to hear under the Contract. These members, employees, agents can only have access to it themselves under the conditions (i) and (ii) above.

In all cases, the Party receiving the Confidential Information guarantees compliance with this confidentiality undertaking by the persons having knowledge of the Confidential Information, whether in particular its employees or subcontractors.

The obligation of confidentiality will remain valid for a period of five (5) years after the expiry, for any reason whatsoever, of the Contract. Notwithstanding the foregoing, each Party may disclose Confidential Information without the consent of the other Party, to the strict extent that such disclosure is required by a competent authority or pursuant to a legal or ethical obligation.

  1. FORCE MAJOR

 

Are considered by the Parties as cases of force majeure, situations whose constituent elements are characterized within the meaning of article 1218 of the Civil Code and the case law of the Court of Cassation. In the event of the occurrence of such an event, the victim party must immediately inform the other Party in writing.

The case of force majeure suspends the obligations of the Party concerned during the time when the force majeure will come into play. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible. If a case of force majeure renders one of the Parties unable to fulfill its contractual obligations under the Contract for more than thirty (30) consecutive days, either Party may terminate the Contract after sending a registered letter with acknowledgment of receipt. The Parties will then no longer be bound by their obligations, with the exception in particular of those resulting from the "Intellectual Property", "Confidentiality", "Protection of Personal Data" and "Liability" articles herein, without any indemnity or penalty, for whatever reason, is due on either side.

  1. VARIOUS

 

  • Waiver: the fact, for one or other of the Parties, of not availing itself of one or more stipulations of the Contract may in no case imply the renunciation by this Party to avail itself of them later.
  • Partial nullity: in the event that certain stipulations of the Contract are inapplicable for any reason whatsoever, including due to an applicable law or regulation, Justiscall and the User will remain bound by the other stipulations of the Contract and will endeavor to remedy the inapplicable clauses in the same spirit as that which prevailed during the conclusion.
  • Convention of proof: the Parties expressly agree that any document signed in a dematerialized manner within the framework of the Contract (i) constitutes the original of the said document; (ii) has the same probative value as a writing signed by hand on paper and can be validly opposed to the Parties; (iii) is likely to be produced in court, as documentary evidence, in the event of litigation. Consequently, the Parties acknowledge that any document signed in a dematerialized manner constitutes proof of the content of the said document, of the identity of the signatory and of his consent to the obligations and consequences of facts and of law which arise from the document signed in a dematerialized manner. The termination or expiry of the Contract cannot call into question the probative force of the documents signed in a dematerialized manner before the date of its termination/expiration.
  • Means of proof: In order to establish the damage (proven or supposed) to the reputation of Justiscall and/or the Legal Actors or to the physical or mental integrity of the Clients, Justiscall may rely on messages sent to Justiscall that it will have previously anonymized in order to guarantee the confidentiality of their exchanges, as long as the content of the messages does not allow them to be identified.
  • Feedback: If a User provides feedback to Justiscall regarding the functionality or performance of the Services (including identifying errors or improvements), the User agrees to grant Justiscall without restriction nor payment, any right, title and interest therein.
  • Rights and permissions: Each Party declares that it has the rights and permissions necessary to enter into the Contract and perform the obligations mentioned therein.
  • Independence: It is perfectly clear between the Parties that each of them acts herein as an independent contractor and that none of the Parties can be considered as the employee, agent, distributor, principal or representative of the other Party.
  • Modifications to the CU: The User acknowledges and accepts that the authentic version of the CU is the one found online when accessing the Site and/or using the Services. The User is therefore required to refer to the version of the CU online on the date of its access and the use concerned.

Justiscall is free to modify these TOU at any time, in particular to take into account any modification of the Site, the Platform and/or its Services as well as any legal, regulatory, jurisprudential and/or technical development or constraint. In the event of significant modification(s) made to the Site, the Platform, the Services and/or their terms and conditions of access and use, Justiscall will inform the User by any means and subject to prior notice. within reason.

  • Technical support and assistance: Justiscall provides the User with a telephone assistance service accessible at the following number: 0805 951 258. The opening hours of the telephone assistance service are as follows: 9 a.m. to 6 p.m. on working days, excluding public holidays. These times are subject to change in exceptional circumstances.
  • Satisfaction survey: Justiscall reserves the right to punctually send satisfaction surveys by e-mail to any User aimed at evaluating the quality of the User's Services. It has no obligation towards Justiscall to respond to them.
  • Complaint management: The User can send a complaint in connection with the use of the Services to the following address: contact@justiscall.com
  • Anti-corruption: As part of the activities associated with the Contract or in connection with the relationship between Justiscall and the User, Justiscall and the User undertake to comply with French and European legal and regulatory provisions, as well as internationally recognized principles relating to the fight against corruption.
  • Minimization of damage: The Parties will endeavor to achieve the objectives mentioned in the Contract. In particular, the Party which suffers from the non-performance of an obligation must take all reasonable measures to minimize the damage likely to result therefrom. Failing to act in this way, it can obtain from the other only compensation for the damage which it could not avoid.
  • Beta Version: Justiscall may offer the User to try beta versions of certain Services. These beta services are provided for evaluation purposes only and may not be used in a production environment. The User acknowledges that these beta services may contain bugs, errors and other problems and accepts these "as is", without guarantee of any Justiscall (i) is not responsible for problems related to the use beta services by the User; (ii) may discontinue its use; (iii) may delete all data contained in such beta versions, without liability.
  • Test: access to the Services in test mode is subject to prior acceptance by the User of these Terms of Use. The Trial Services are also provided "as is" without support or warranties of any kind, either expressed or implied.
  • Interpretation: Words in the singular include the plural and vice A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code. Any reference to a sum of money refers to the currency euro. A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code.
  • Third-party sites: Justiscall is not responsible for the operation, quality of information and content of third-party sites over which Justiscall does not exercise any kind of control but to which the Services may refer.
  1. LEGAL NOTICE

 Justiscall Services are operated by Justiscall, a simplified joint-stock company

The hosts of the Services are HDS certified, in accordance with article L1111-8 of the Code Decree No. 2018-137 of February 26, 2018 relating to the hosting of personal legal data. Their names can be given on simple request to contact@justiscall.com.

The certification from which these hosts benefit is a certification from the National Commission for Computing and Liberties (CNIL). Legal data may not be sold or transferred to third parties for commercial or advertising purposes.

  1. AMICABLE SETTLEMENT – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

 

The User is informed that the Site is intended for Customers residing in France and is subject to French law. Also, by browsing the Site or using the Services of Justiscall, the User submits to French law.

Before any contentious action, Justiscall and the User will seek, in good faith, to settle amicably their disputes relating to the validity, interpretation, execution or non-execution, interruption, termination or denunciation of these Terms of Use, for any reason and on any basis whatsoever. Justiscall and the User must meet in order to compare their points of view and make all useful findings to enable them to find a solution to the conflict between them.

Justiscall and the User will endeavor to find an amicable agreement within thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt. .

Except to preserve their right of action or to avoid imminent damage, no legal action can be admissible before this procedure for the amicable settlement of disputes has been fully respected.

Any difficulties relating to the validity, application or interpretation of the Contract will be subject, in the absence of an amicable agreement, to the jurisdiction of the competent courts in accordance with French law. The competent jurisdiction is that of the registered office of the company JUSTISCALL.

 

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