The present terms and Conditions are concluded between
The «Service» : designates the service provided by Blue Monkey Software through the Leemble solution via web access. The service is provided by Blue Monkey Software under the Trademark Leemble, whether against payment or free of charge, depending on the offer chosen by the Customer.
The «Customer» : Any physical or legal person, private individual or professional, of private or public law, wishing to subscribe to the Leemble Service, whether it is free of charge or subject to payment, and having accepted the present General Conditions of use and sales.
After the Customer has been apprised of the features of the Service, he has accepted the present Terms and Conditions governing use of the Service. The present conditions (hereinafter the "Contract") define the conditions in which Blue Monkey Software is committed to the customer.
The access to the Service requires the acceptance by the Customer of the present General Conditions of use. This acceptance is given when the account is created.
The Service takes effect from the date of the on-line subscription.
For free offers, the service is subscribed for an indefinite period if the customer regularly logs on. Should the customer not log on for a period of 6 (six) consecutive months, an email will be sent to him specifying that his account will expire in 30 (thirty) days. The Customer Le Client will receive a reminder 15 days before the final termination of his account.
For offers subject to payment, the service is subscribed on an annual basis. The subscription shall be tacitly renewed every year, on the anniversary date.
The Service developed by Blue Monkey Software allows the Customer to formalize and to store data in the form of outlines, to share the same with his contacts and to access it from various platforms (computers, cellular phones, tablets).
The data are accessible from any computer connected to the Internet. The Service implies that the Customer has a computer that is compatible with the Service, an Internet access (if possible high-speed broadband connection) and a valid email address. The customer acknowledge that the peripherals he uses to access the Services meet the minimum required configuration (details available on the website www.Leemble.com). www.Leemble.com).
Creating a Customer account can be accomplished on the Website www.leemble.com. The Customer defines which offer corresponds to his needs and provide a valid email address that will be used as his username for logging onto the service. Once the account creation form is filled in, the service will be activated as soon as the user clicks on the validation link received at the email address provided on the form.
For a subscription subject to payment, the service will be available once payment has been made and validated.
Blue Monkey Software hereby guarantees to the customer that, from the date of his registration on the website, he will benefit of a functional guarantee during the whole contract duration. The following reasons are not subject to this functional guarantee :
As well as more generally any dysfunction and/or malfunction Blue Monkey Software is not responsible therefore.
It is recommended to always have a copy of the data saved on a removable drive.
The Customer, when he creates a free of charge account, shall use the Service exclusively for his own personal use.
From the subscription date, the Customer undertakes not to make any copy of the software programs, or transfer them, or dismantle them, or modify them in any manner whatsoever, or translate them, or grant any licence or rental over them, and not to merge them with other software programs.
The Customer acknowledges that the intellectual property rights of Blue Monkey Software over the software programs as well as over any documentation passed on by Blue Monkey Software and over the trademarks Blue Monkey Software and Leemble.
Blue Monkey Software grants the customer a right to use the service in order to allow use thereof in accordance with the Conditions provided in the contract.
Blue Monkey Software Liability
The Customer is fully liable for his use of the Service. Blue Monkey Software warrants that it has taken all the necessary precautions in order to ensure the compatibility of its Service with the compatible equipment but can only caution the Customer against the risks related to the use of the Service on his terminals.
Any data of the Customer saved by the Customer on the Blue Monkey Software's servers proved to be corrupted, infected by a virus or any other computer programs that shall damage the equipment or software of Blue Monkey Software or any third parties, may be erased by Blue Monkey Software or put in quarantine, given that Blue Monkey Software will inform the Customer thereof by email as soon as possible.
In any case, the Customer’s data is saved under his sole liability.
Blue Monkey Software undertakes to provide the Customer access to its servers 24 hours a day, 7 days a week, except in the case of breakdowns and maintenance interventions required for the good functioning of the network and of the servers chosen by Blue Monkey Software and except in the case of force majeure.
In case of interruption of the Service for corrective maintenance and/or upgrade operations, Blue Monkey Software will inform its Customers through an on-line announcement on the www.Leemble.com website or by email.
The Customer acknowledges that the Service may be unavailable during the whole period of the maintenance operations.
If Blue Monkey Software is obliged to interrupt access to the servers, it will try to inform the Customer as soon as possible.
The Customer can contact the technical support by filling in the contact form available on the "Help" page of the www.Leemble.com website. Blue Monkey Software undertakes to provide an answer as soon as possible.
The Customer is fully liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himself, or any person to whom the Customer has supplied his ID: email address and password. These ID are personal and confidential, the Customer is solely liable for their use.
The Customer must use the Service for private purposes, in compliance with the Law and regulations. As a consequence, the Customer is forbidden to use the Service to store data or files, in any format whatsoever, whose content breaches the laws and regulations in force (in particular, intellectual property rights, image copyright, etc.). In this respect Blue Monkey Software have the right to use any legal remedy against the Customer.
The Customer remains sole owner of the data and files transferred and/or stored using the Service. The Customer agrees not to transfer, store, copy or share data without possessing the full rights or authorisation from the rights-holders.
Use of the Service for other purposes than privative or reasonable purposes (excessive utilization rate for private individuals, for example) is strictly forbidden.
The Customer is reminded that using the Service via mobile internet may incur charges from his mobile service provider, and that the Customer is responsible for verifying this. Blue Monkey Software declines all liability in the event that use of the Service by the Customer were to result in billing by his operator.
The Customer shall use the Service for personal purposes only. As a consequence, The Customer acknowledges and accepts that the data he saved on the Blue Monkey Software servers are deemed to have no commercial value.
Blue Monkey Software undertakes to take all the care and diligence necessary, conforming to the customary professional practices and the state of the art, to protect the security of the Customer's files and data that are stored through the Service.
However, these security measures do not discharge the Customer from having the necessary software programs (especially antivirus mail and back web) and scanning and processing his data regularly.
Transfers of files between applications and the Blue Monkey Software servers are protected using 256-bit SSL (Secure Socket Layer) encryption.
Blue Monkey Software undertakes to keep strictly confidential the existence and content of the Customer’s files and data stored on its servers via the Service and agrees not to disclose the same to third parties except in the event of breaches by the Customer of governing legislation and/or requests from competent Administrative or Judicial Authorities.
Blue Monkey Software considers that the data provided by the Customer are confidential. In particular, Blue Monkey Software agrees no to re-sell or disclose those data except in response to legal obligations.
Information such as '« last name, first name, postal address, email address, phone numbers, IP connexion addresses'» will be preserved by Blue Monkey Software during the whole period of the contract and for up to twelve months from expiry or cancellation of the Service.
Nominative information collected is essential for Blue Monkey Software to be able to implement and manage the Service. The Customer expressly authorises Blue Monkey Software to process his personal data on computerized memory in accordance with the French Data Protection law of 6 January 1978, to pass on the same to its subcontractors or partners in compliance with the General Conditions of Use and Sales of the Service and its end-purpose.
The Customer may object the processing of his personal data for legitimate reasons. To exercise his rights of access, rectification and opposition, the Customer must contact in writing : Blue Monkey Software, Correspondant Informatique et Libertés, 1 Rue Challemel Lacour, 69007 Lyon. All requests must be imperatively accompanied by a copy of a valid proof of identity.
In the context of processing personal data based on the Service and implemented by the Customer, the latter is wholly and exclusively liable for complying with French Data Protection Law in his capacity of data processing officer. The Customer undertakes to carry out all the legal formalities with the French data protection authority (CNIL) and users of the process.
The Customer has access to the Premium offers (offers subject to payment) against the payment of the price of the offer chosen at the time of the order. Credit cards accepted are : CB, VISA and Mastercard. The payment is made through the Sogenactif web interface (Société Générale). Invoices will be available in the '« My account'» page, via the web Service. The Customer will be informed by email that his new invoice is available.
Invoicing is made from date to date, every year on the anniversary date in the case of annual subscriptions.
Tariffs applicable to the various services offered are available on-line on www.Leemble.com. They are inclusive of all taxes otherwise stated and are payable in Euros.
Blue Monkey Software reserves the right to vary the prices at any time, provided that the Customer is notified by email or by an on-line announcement on the website www.Leemble.com one month in advance, if the new prices (inclusive all taxes) are less favourable for the Customer.
In this case, Customers with a monthly subscription will have one month, from publication of this information, to cancel this contract without penalty. Customers with annual subscription will be affected by this increase when his contract will be renewed, if he wishes to cancel the contract, he will hace one month to do so.
If the Agreement is not terminated, the Customer will be deemed to have accepted the new prices. Prices changes will apply to all contracts and in particular to ongoing ones.
Blue Monkey Software reserves the right to pass on the cost of any new tax or increase of an existing tax rate, without delay.
The partial or total non-payment of any sum due under this contract by the due date will immediately result in the following, without prior notification :
Any disagreement related to invoicing and the nature of the services must be expressed via the contact form available in the Help page on the www.Leemble.com Website.
Both parties will be liable for their own faults, errors or omissions, in accordance with the conditions of ordinary law, given that this liability will be limited to direct damage.
The Customer is the only one to have the possibility to chose whether or not to save his files and data, to preserve them or destroy them, and he accepts the responsibility of his choices.
Besides, Blue Monkey Software cannot be held liable for indirect damages, such as loss of profit or customers, loss of income or reputation, loss of use and/or other unforeseeable losses, even if Blue Monkey Software was informed of the possibility of such losses ocurring.
In any event, in case of dispute, the amount of damages and compensation that Blue Monkey Software might be responsible for, if its responsibility was engaged, will be limited to the total amount of the sums paid by the Customer to Blue Monkey Software over the last twelve (12) months.
The Customer acknowledges and accepts that the Internet network or any other network used for the purpose of transferring the data stored may be saturated and/or that the data exchanged through the network might be hacked and, consequently discharged Blue Monkey Software of any liability in this regard.
Likewise, Blue Monkey Software will not be liable for third parties interferences in the Customer's communication and transmission systems or dysfunctions or stops in the Service due to negligence, faults or any act of the Customer or of a third party.
In particular, Blue Monkey Software will no be liable for any failure in the reception of the data when these failures result from the filtering and/or blocking methods implemented by technical intermediaries, such as Internet Service Providers, external to this contract. In the event the Customer would notice such failures, he is invited to contact his Internet Service Provider.
It is reminded that Blue Monkey Software does not provide any virus identification or protection service. The Customer will not be able to engage the responsibility of Blue Monkey Software more than 1 (one) month after the damage has occurred.
The present contract may be terminated ipso jure by either party, immediately and without previous notice, for the subscription to a free of charge offer.
For offers subject to payment, request for termination can be made anytime but will only be taken into account on the anniversary date of the Service subscription.
In the event of an anticipated termination of the contract, whatever the cause is, the Customer will receive a confirmation by email notifying the effective date of the termination. The Customer will be able to save, by his own means and resources, until this date, all the files and data he has stored through the Service.
Once termination is effective, Blue Monkey Software is not required to keep the Customer's files or data history.
The Customer may also, for subscription subject to payment, chose to change his offer to subscribe to another offer, including free ones. This can only be done on the anniversary date, provided that the new chosen offer is adequate in order to respond to the requirements needed by the Customer.
The present contract and the Service are governed by French law.
In case of force majeure, the contract obligations will be suspended during the whole period of the suspension due to this cause. It is expressly agreed that the only cases regarded as force majeure are those usually upheld by the jurisprudence of the French Courts and Tribunals. In particular, in the case of interruption or saturation of the Internet network itself or of the Customer's Internet Service Provider.
The parties agree that Blue Monkey Software may, ipso jure, modify the present Terms and Conditions with no other formality than to inform the Customer via an on-line announcement on the www.Leemble.com website or by email. The on-line Terms and Conditions prevail over printed Terms and Conditions. In the case these modifications are less favourable to the Customer, this latter has 1 (one) month to request the termination of the contract without any penalty. If the contract is not terminated, the Customer will be deemed to have accepted the new Terms and Conditions.
The present contract cannot be ceded by the Customer.
The parties will attempt to settle any disagreement arising from the formation, the interpretation, the execution, the cessation or the termination of the contract by an amicable arrangement. Failing that, the dispute will be brought before the Court the parties allocate competence, even in the case of several defendants and/or third party notices.