These TOS shall apply, without limitation or qualification, to the purchase of the Services HD Capture and 360° Capture.
The main feature of the Services is the creation of a HD Capture (1920*1080px) or a 360° Capture (3000*4000px) with the scalable Planner KazaPlan 3D (hereinafter referred to as the KazaPlan Solution).
The Service is provided by the company Idilink, SARL, registered in the Lille Métropole Trade and Companies Register (RCS) under number 509 633 715, headquartered at rue Sadi Carnot, 59790 Ronchin, hereinafter referred to as Idilink.
For any information, in particular order follow-up, Clients are encouraged to contact the Company by email: firstname.lastname@example.org.
These TOS may be accessed at any time on the Site, and shall supersede all other contradicting documents.
These TOS may be subject to future modifications. The version that shall apply to the Client’s purchase is the applicable version on the Site on the date the order is placed.
The Service is provided through the Client’s Personal KazaPlan Account. The Client shall be able to access the Service by clicking the “HD CAPTURE” or “360° CAPTURE” option, both of which are available in the menu “VISIT” in the KazaPlan Solution.
After implementing the necessary changes to their HD Capture or 360° Capture, the Client shall be able to order the Service.
The TOS shall enter into effect on the date on which the Client agrees to them. They shall remain in effect throughout the entire duration of the service.
The Client’s Service order confirmation serves as acceptance of the TOS with no limitation or qualification.
Before confirming their order, the Client must purchase credits on the Site.
Credits may then be used on the Site to pay for the Service.
Prices on the site are shown in euros, tax included, when the order is placed.
Prices take into account any potential discounts that would be granted on the Site.
Prices are non-negotiable and final.
To complete payment, the Client must pay directly online with a payment card.
Once the payment is completed, the Client may use credits to finalise their order.
Purchasing the Service does not confer intellectual property rights to the Client for any programme, service, graphic, logo, creation, technology, brand, or other rights related to the Services. The company Idilink and its Partners are the sole owners of the databases containing Plans, HD Captures, 360° Captures, information provided in forms, etc. and are the sole owners of intellectual property rights on these databases in application of articles L. 112-3 and 341-1 et seq. of the French Intellectual Property Code.
The Client using the Service agrees to comply with all relevant intellectual property rights. Any whole or partial copy, reproduction, modification, or representation of the Service, in any form or by any means, is prohibited. The User shall fully indemnify the Partners and the company Idilink in the event of a claim alleging a violation of intellectual property rights by the Client.
By using the Service, the Client authorises Idilink to use their HD Captures and 360° Captures (and information contained in them) that they save on the Site, both on the Site and in emails sent to Members. The Client hereby authorises Idilink to reproduce, depict, distribute, and publicly provide their HD Captures and 360° Captures. This authorisation shall be valid worldwide for the entire duration of protection for HD Captures and 360° Captures by any intellectual property rights. This authorisation is provided at no cost. This authorisation is valid to use HD Captures and 360° Captures and information through the Service, in particular on the Site, to show examples of projects, promote the Site, and for statistical purposes. The Client’s name shall not be mentioned under any circumstances when HD Captures and 360° Captures are used.
Given the immediate nature of the Service, orders placed by the Client shall not have a right of withdrawal.
The Client is entirely responsible for its use of the Service. As a result, the Client shall be responsible for any direct or indirect damages caused by using the Service. The Client shall be solely responsible for any direct or indirect damages caused to third parties and for the consequences of any subsequent claims or proceedings. As such, Idilink cannot under any circumstances be held liable in the event of damage resulting from the Client’s use of the Service
The Client waives the right to any legal action against Idilink in the event of legal prosecution by a third party initiated against the former due to legal and/or illegal use of the Service.
It is expressly agreed that IDILINK has no obligation to keep HD Captures and 360° Captures saved by Clients for a determined period. HD Captures and 360° Captures saved may be deleted at any time.
IDILINK shall not provide any explicit or implicit guarantee to Clients, including any guarantee of quality or suitability for a particular use of the Service.
Idilink’s responsibility is limited under all circumstances to the amount received by Idilink for the Service that caused the damage.
Further, in application of French regulation 2016/679 and the consolidated version of French Act no. 78-17 of 2 August 2018 on Information Technology, Data Files and Civil Liberties, personal data requested from the Client is necessary to process their order and to issue invoices.
In accordance with the applicable French and European regulations, the Client has an ongoing right to view, edit, correct, oppose transferability, and limit processing of their information.
This right may be exercised in the conditions and according to the terms defined on the Site.
The Site’s TOU supplement the TOS, and together they create an indivisible whole. However, in the event of contradiction, the TOS shall prevail.
These TOS and the operations resulting from them are regulated by and subject to French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
In the event of disagreements regarding the validity, interpretation, execution, or cancellation of these TOS, the Client may resort to mediation or any other alternative method of resolving the disagreement.
If an agreement cannot be reached between the Parties, Lille Commercial Court shall have sole jurisdiction.