General Terms and Conditions of UseLast update: 13/02/2019

ARTICLE 1 - Object and definitions

The present General Terms and Conditions of Use are intended to specify the conditions of access and use of the Site “Kozikaza.com”, operated by the company IDILINK, SARL, registered at the RCS Lille Métropole under the number 509 633 715 and whose head office is located rue Sadi Carnot, 59790 RONCHIN; hereinafter referred to as "the Site" or "Kozikaza.com", as well as the rights and obligations of the parties.

"Kozikaza.com" means the website accessible from the URL https://www.kozikaza.com and allows users to benefit from the features described in article 3 of these General Terms and Conditions of Use.

The browsing on the site and its use in general by the user implies, for the net surfer, a careful reading of these General Terms and Conditions of Use and its unreserved acceptance and commitment to comply.
These conditions may be subject to change. They will take effect as soon as they are posted online. The last update date of the General Terms and Conditions of Use is indicated under the heading "General Terms and Conditions of Use".

For the purposes of these General Terms and Conditions of Use, the following terms preceded by a capital letter shall have the following meaning:
The "Member" is the user who has completed the registration process on the Site as a Member such that described below.
The "Individual Member" will be distinguished from the "Professional Member" by the nature of their registration for the Individual Member or Professional Member, as described below.

"Information" means all data, content and information submitted by the Member on the Site.
"Kozikaza Personal Account" means the Kozikaza Account created by a Member as described below.
The "KazaPlan Personal Account" means the KazaPlan Account created by a Member the first time they register their 3D Plan on the Site.
The "KazaPlan Solution" refers to the scalable KazaPlan 3D Planner, accessible on the Site.

  • Be 18 years old and over or have the authorisation of a legal representative if you are a minor;
  • Have a valid email address;
  • Have an account on the Site containing accurate Information.

ARTICLE 2 - Registration and deletion of a Kozikaza personal account

Navigation on the Site is free; however, to use the services offered by the Site, the user must complete the registration process on the Site.
To register, the Internet user clicks on the "Register" button on the homepage, on the "registration" button available on the login window or is redirected to the registration process at the moment to record a 3D plan for the first time.

2.1. Registration of Individual Members

To comment, react, vote for posts from other Members, create posts and save work done on tools like the 3D Plan or Kazadecor in your personal space called Kaza, the creation of a profile is necessary. Thus, the visitor will have to accurately fill in the form at their disposal, namely: their status as an individual by checking the box "I am an INDIVIDUAL", their username, email, a password specifically created, their first and last name and they will have to accurately provide additional information related to their home project.
[Namely: the type of project (choosing from among the suggestions made), the type of property concerned by the project (choosing from among the suggestions made), the country and the postal code of the project.]

It should be noted that the KazaPlan Solution proposed by Kozikaza is an external solution, proposed by the Kozikaza.com Website.
Thus, the registration of a 3D plan in the Kozikaza personal space of the Member called Kaza first requires the registration of the 3D plan by the KazaPlan Solution.
This is why the Member must, when they want to save a 3D plan on Kozikaza, create a KazaPlan Personal Account, without which their work cannot be recorded.
For more information, refer to the General Terms and Conditions of Use of the KazaPlan Solution further down on this page.

As soon as these steps are completed, registration is immediately effective and the user receives an email confirmation of registration. The user the status of Member as indicated above.
Registration and use of the Site is free.

If the Member wishes to modify their account, they can do so at any time. Their account is accessible via the button "My profile" present at the top right on all pages of the Site.Once their account is created, the Member will use their email and password to log in.

The Member’s attention is drawn to the fact that their profile (pseudonym, nature of the project, department), their kaza, their profile photo and their kaza cover photo are visible to everyone (except for the Information for which the text opposite appears). To this end, the Member grants IDILINK the right to disseminate this content, without any restriction whatsoever and free of charge, and guarantees IDILINK that it holds the corresponding rights or that it has obtained the corresponding rights to grant such authorisation.

2.2. Registration of Professional Members

Housing professionals can create an account as a Professional Member. To do so, the Member creates their account as described in paragraph 2.1 for Individual Members but checks the box “I am a PRO”. As soon as their registration is effective, the Internet user has the status of Professional Member as indicated above.

2.3. Kozikaza Personal Account Deletion

Any Member may delete their Kozikaza Personal Account with immediate effect from their profile on the Site. In this case all access to their Kozikaza Personal Accounts will be disabled and their content rendered inaccessible upon confirmation of the deletion request.

ARTICLE 3 - Description of Services and Level of Confidentiality

The Site offers a social network on which Members will discuss and share on topics related to the "home".
The content is then evolutive and participative.

These contributions can be of various kinds, in particular:

  • posts: the posts are the publications that the Members can create with the publishing tool, for example, project photos, events, before-after, ideas, questions or surveys
  • creations made with the tools: the tools are the 3D plan, the kazadecor, the trend boards and Imag'in, on which Members can save their work
  • comments or kudos: possible reactions to Posts by Members
  • votes: votes are possible on post polls

There are 3 levels of confidentiality for Posts created by Members; these levels are defined as follows:

  • "Only for me": Reserved only for the account holder Member
  • "Only on my Kaza": Content is visible by the other Members on the Kaza of the Creator Member of the content and on the search tools of the Site
  • "On Kazacafé": Content is visible by the other Members on the Kaza of the Member creator of the content, on the search tools of the Site and on the news feeds of the Site (the Kazacafe and members followed)

For all Posts: Each post has the privacy level "on Kazacafe" by default. This level of confidentiality can be changed after the post is created.

For all Tools: There is no possible setting of the confidentiality levels for the work carried out on the Tools, any Member or visitor can view the work done by the other Members by going to their Kaza or on the news feeds related to Tools.

Note that comments, kudos or votes relating to a Post will be applied the same level of confidentiality as that of the Post in question.

The company IDILINK will also propose content. IDILINK will have ownership. Such content may not be copied, disseminated, distributed, modified or translated for any reason whatsoever without the prior written permission of IDILINK.

Consulting and on the Site does not exempt the Net surfer or the Member of the advice of home professionals and cannot replace them. The data published on the Site are for information purposes only. IDILINK cannot be held liable on this basis.

ARTICLE 4 - Intellectual Property

4.1. The Site offers different sections and services.

IDILINK reserves the right to add or delete services, temporarily or permanently, without the consent of the User. All articles written by the company IDILINK are the property of the company and cannot be copied, distributed, distributed, modified or translated, or be the object of derivative works, for whatever reason without the prior written authorisation of the company IDILINK.

4.2. Intellectual Property

You may not in any case and in any way reproduce, represent, distribute, market, modify, concede all or part of any of the elements reproduced on the Site and all or part of the Site in general. Any unlawful use of all or part of the Site (piracy, counterfeiting, etc.) may lead to prosecution.

The Internet user agrees to respect the intellectual property rights relating to the KazaPlan Solution, in accordance with the provisions of the General Terms and Conditions of Use of the KazaPlan Solution. For more information, refer to the General Terms and Conditions of Use of the KazaPlan Solution further down on this page.

4.3. About the photographs and content that the Member diffuses on the Site

The Member declares to be the holder of the intellectual property rights relative to the content and the photographs that they publish on the Site and they authorise the company IDILINK to use the content on a non-exclusive basis, free of charge, for the entire world and for the entire period of validity of the rights.
The company IDILINK cannot be held responsible for the content and photographs published by the Member on the Site.
Thus, the Member agrees by expressing themselves on the Site not to defame, abuse, harass or threaten anyone, or to violate the rights of others such as for example human rights, intellectual property law, the right to privacy, the right to human dignity, as well as respect for basic rules of good conduct.
The Member is solely responsible for the the texts they publish on the Site and as such they guarantee the Site against any recourse and / or actions that could be brought by any person because of the dissemination of the texts on the Site. The Member will assume any charge and payment concerning these said persons whatever the cause or the reason which could be due or claimed.

ARTICLE 5 - Obligations of Members

The Member is responsible for protecting the password used to access the services and for the activities and actions carried out with their password. As such, they shall take all necessary precautions to ensure this protection.
The Member is encouraged to use safe ("strong") passwords that use a combination of uppercase and lowercase letters, numbers, and symbols. IDILINK cannot be held responsible for any loss or damage resulting from non-compliance with the aforementioned requirements.

The Member shall refrain from depositing any Content likely to harm IDILINK or to use the Site in a way that does not conform to the services offered on the Site or hinders its operation, and, in particular, to promote a unlawful, malicious, illegal or discriminatory activity.
In general, the Member agrees to respect the image of the Site and that of IDILINK and shall refrain from any act affecting their reputation.

They shall ensure that they have obtained the prior consent of the persons appearing on the photographs he is distributing and that they will immediately delete such photographs upon request of the interested persons. They will pay particular attention to compliance with the previous stipulations when using the "imag'in" tool and shall refrain from the mass extraction of photographs, which could undermine the rights of a database producer. In case of breach of these obligations, the Member acknowledges that they are solely liable.

The Member shall refrain from sharing official documents. The Member acknowledges being solely responsible for the hypertext links and addresses that it includes in its Content and guarantees IDILINK against any dispute or claim relating to these links.

Except in the case where the Member has subscribed a professional account, any advertisement, promotion, sponsorship paying the Member in any form whatsoever and any act of commerce for any product or service by means of their Kozikaza Personal Account is prohibited within the Site.

The Member shall refrain from hijacking or directing people from the Site, or attempting to do so.

ARTICLE 6 - Authorisation Of Free Distribution

From its registration on the Site to the deletion of its account, the Member grants to IDILINK a free, non-exclusive, transferable and worldwide license granting IDILINK the right to broadcast on the Site the Information filed by the Member, according to the criteria of confidentiality chosen by the Member when the Member has the possibility to apply particular levels of confidentiality.

These provisions apply without prejudice to the confidentiality levels defined in Article 2 above.

The Member authorises IDILINK to reference its Content in any way whatsoever by inserting links to and from the public area of ​​the Kozikaza Personal Account in the indexing tools of the Site. The Member authorises IDILINK to use, for purposes of valuation and promotion of the Site, its Content and in particular any contribution, in any way whatsoever, on any media and / or media and this, in accordance with the confidentiality criteria chosen by the Member and for the period of validity of the Kozikaza Personal Account.
IDILINK may use the content of members on social networks on which a Kozikaza page exists: Facebook, Instagram and Pinterest.

The User grants to IDILINK a free, non-exclusive, transferable and worldwide license granting IDILINK the right to distribute the work performed via the KazaPlan Solution on the Site or the IDILINK partner sites. This authorisation is valid from the creation of the Kozikaza Personal Account until the Kozikaza Personal Account is deleted.

ARTICLE 7 - Advertising

IDILINK reserves the right to insert advertising messages on the entire Site and services.

ARTICLE 8 - Moderation

IDILINK is authorised to remove any content or message or contribution that would clearly violate the laws in force, the rights of third parties or these General Terms and Conditions of Use.

In particular, IDILINK reserves the right to remove any message without link or coherence with the general theme of the Site.

IDILINK reserves the right to suspend or delete the Kozikaza Personal Account of a Member, as well as to permanently exclude any Member as a result of non-compliance with these General Terms and Conditions of Use.

These actions are exercised without notice or compensation.

ARTICLE 9 - Vigilance

Any person may report at any time the posting on interactive services of any message of a contentious nature or those that would be offences in the Penal Code such as the apology for crimes against humanity, the incitement to the racial hatred, child pornography, likewise in the case of disrespect, by a user, of these General Terms and Conditions of Use.

A Member considering that any content, a message or a contribution is reprehensible is invited to inform the teams of the Site using the alert tool made available on the Site accessible by the following functions:

  • "report" available on each post
  • "report this member" available on each Member profile
  • "contact us" available at the bottom of the page giving access to the contact form

IDILINK will take care to identify the disputed message. It is understood that the abuse of this faculty is likely to engage the responsibility of the person who exercises it.

ARTICLE 10 - Responsibility

10.1. Access and operation of the Site

The use of the Site is the sole responsibility of the User. The Site may host links to third-party sites. By clicking on these links, the User acknowledges that IDILINK cannot guarantee the content thereof, and therefore agrees to access it at their own risk.

IDILINK undertakes to implement all the necessary means to ensure continuous access to the Site. However, and in particular to ensure the technical maintenance of the Site, access may be interrupted for a short period. Wherever possible, IDILINK will endeavour to notify Members in advance. IDILINK declines any responsibility in case of any damage that may result from the unavailability of the Site or a problem of connection to the Site.

The use of the Site by the User implies the knowledge and acceptance of the characteristics and limitations of the technologies inherent in the Internet, particularly as regards the response time to consult or query the server hosting the Site, technical performance , the risks of interruption and, more generally, any risk incurred during the transmission of data. Consequently, IDILINK cannot be held responsible, without this list being exhaustive, for:

  • any information consulted on the Site which is not put online by IDILINK;
  • any malfunction of the network preventing the proper functioning of the Site;
  • loss of any data;
  • consequences of any computer virus, anomaly or failure.

10.2. Information and Content

The activity of IDILINK is limited to hosting the content published by Users. In its capacity as host, within the meaning of article 6.I.2 of the French Law for confidence in the digital economy of June 21, 2004 as amended, IDILINK cannot be held liable for activities or content stored on its Site.

IDILINK cannot be held responsible for the Content or personal pages of a Member. In particular, the Professional Member is personally responsible for compliance with the provisions relating to commercial practices (Article L212-1 to L121-7 of the French Consumer Code)

IDILINK disclaims any liability for claims, disputes or damages claimed by a third party or another Member due to the Content, the Kozikaza Personal Account or comments from a Member.

IDILINK cannot be held responsible for the content of external sites, or the operation and access to these sites.


ARTICLE 11 - Protection of personal data

Kozikaza provides you with free 3D home software that allows you to design or improve your home project. It is the result of many years of design and development and we continue to improve it constantly.

Kozikaza provides you with a social platform that allows you to follow and discuss your home improvement project (construction, renovation, extension, etc.) with members with similar projects.

Our business model is to enable our housing partners to offer our members adapted and customised products or services to help you achieve your projects. They pay us for these contact services and allow us to continue to improve our site.

We are very vigilant about the interest (content of the offer, frequency, time and form of the request...) that must represent for our members the personalised requests of our partners for the success of their project.

Our long-term goal is to understand your project well enough to offer you the best deals when you really feel the need.

11.1. Party responsible for the processing of your personal data

Your personal data collected from this Website is subject to an automated processing, for which the party responsible is:
IDILINK, SARL with a capital of €40,000
Address: 135 rue Sadi Carnot, 59790 Ronchin

11.2. Nature of collected personal data

The "personal data of Members" refers to all information about you as a physical person and which makes it possible to identify you, directly or indirectly. The personal data that we may collect when you browse the Site are:

  • basic personal data, such as your first and last names, your photographs, your postal address, your e-mail address, your telephone numbers (*),
  • personal data about your home and your home projects
  • technical connection and navigation data, such as the IP address of your device, the date & time of your connection, the pages visited, the characteristics of your browser (type, language, etc.) and your device (type, resolution, etc.), cookies,
  • post data, such as your interests, opinions, comments, published posts and community and social functions of the Site,

(*): You can refuse to be called on your telephone number in connection with any solicitation by third parties, by registering on Bloctel (website: bloctel.gouv.fr).

11.3. Objectives of the processing of your personal data

  • to ensure the security of the Site, access to personal data, and to detect possible attempts of computer intrusion,
  • to allow you to create and access your personal space and the content you create on the Site,
  • to track and fulfil your orders during purchases made on the site,
  • to fight against fraud when paying the order,
  • to customise the presentation and operation of the Site according to your preferences,
  • to compile statistics and measurements of Site visits,
  • to inform you about the proposed services, the news concerning the Site and the community by email,
  • to manage your opinions via the online surveys in which you participate,
  • to allow you to contact us via the "Contact" section,
  • to allow you to take part in contests or lotteries,
  • to transmit your data to IDILINK partners in the framework of the services offered on the Site such as online quotes,
  • to show you online advertising banners,
  • to send you offers from our partners by email for the purpose of commercial prospecting, provided that you have given your consent,
  • to improve the customer relations within ADEO group subsidiaries,

Some information collected is mandatory to achieve the objectives described above and some is optional. You are systematically informed of the mandatory or optional nature of information, during its collection, with an asterisk indicated on each form field concerned.If you do not fill in certain mandatory fields, access to one or more services offered by the Site will be impossible, or the quality of the service will be degraded.

11.4. When is your personal data collected?

Your personal data may be collected by IDILINK when:

  • you browse the pages of the Site,
  • you subscribe to our information feeds (Emails, notifications, etc.),
  • you create your account ("My Profile" and "Ma Kaza" sections),
  • you get in touch with our brand ("Contact" section),
  • you post your posts, comments, kudos, messages,
  • you make a purchase online,
  • you answer our online surveys,
  • you use the services offered on the Site such as online quotes,

11.5. Recipients of your personal data

Your personal data collected on this Site is intended solely for the use of IDILINK. It is nevertheless likely to be transmitted:

  • to service companies which IDILINK uses to execute services and services related to the Site, such as the computer operation of the Site, sending our emails, conducting online surveys, making the "Contact" section available or executing, processing, managing and paying for orders.
  • to partners receiving data as part of the services offered on the Site such as online quotes.
  • to partners for commercial purposes, provided that you have given your consent to receive solicitations from them.
  • to ADEO group subsidiaries to improve customer relationship management within its subsidiaries.

Finally, IDILINK may be obliged to transmit personal data about you to a third party at the request of the judicial authorities or any administrative authority authorised by law.
This data is not disclosed to any other third party.

11.6. Transferring your personal data outside the European Union

The following categories of recipients of your personal data are located outside the European Union: - SurveyMonkey, online survey tool, represented by SurveyMonkey Europe UC 2 Shelbourne Buildings, 2nd Floor , Shelbourne Road, Ballsbridge, Dublin 4, Ireland. SurveyMonkey, which stores the data entered in surveys on its servers in the United States, is certified in accordance with the EU-US Privacy Shield Program regarding the collection, use and retention of personal data of EU Member States.

11.7. Duration of conservation of your personal data

When your personal data is collected by IDILINK, it will be kept only for a period strictly necessary for the purpose of the envisaged processing, as declared to the CNIL.

11.8. Protection of your personal data

IDILINK attaches great importance to respect for your privacy and the protection of your personal data. For this, IDILINK takes all the precautions of use, with regard to the risks presented by the processing, to preserve the security of your personal data, in order to prevent its unauthorised or unlawful disclosure, its alteration, loss or destruction. IDILINK also ensures that the recipients of your personal data (those mentioned above) implement a level of security in accordance with our own standards when processing your personal data on our behalf.

11.9. Your rights

In accordance with the regulations applicable to personal data, Members have the right to access, modify and delete their personal data. They also have the right to oppose its processing. Members can exercise these rights by contacting IDILINK by email at the following address: contact@kozikaza.com
The Member must attach a copy of their identity document.
IDILINK undertakes to respond within one month of receipt of the duly completed application.
For more information on exercising these rights, the Member can consult the site of the CNIL here:
https://www.cnil.fr

ARTICLE 12 - Content Deletion

Any Member may, at any time, under their sole and unique responsibility, remove all or part of the Content posted on the Website and/or on their Kozikaza Personal Account. However, the Member may not ask IDILINK to remove Content that has already been used by IDILINK for the purposes of enhancing and promoting the Site, in accordance with the above article "Authorisation of Free Distribution".

ARTICLE 13 - Cookies

13.1. What is a cookie?

The cookie is a small file, usually made up of letters and numbers, sent by the Internet server and stored in your terminal (PC, tablet or smartphone).
Most cookies allow you to store information about your browsing on a website (language settings, screen size and resolution, connection time, pages visited, IP address, etc.).
They are generally necessary for the proper functioning of the site (backup of your session, your shopping cart, memorisation of your favourites, etc.), but they are also used to analyse your navigation on the site, customise your route and introduce yourself targeted offers or advertisements that match your preferences, if you wish.
We draw your attention to the fact that sharing the use of your device with other people may change the personalised nature of the action of cookies that we implement and therefore their effectiveness vis-à-vis your personal preferences.

13.2. The different types of cookies that IDILINK Uses

Our Site uses different cookies to enhance the personalisation of its operations in your interaction with your profile of use. 4 types of cookies are used by our Site:

Cookies are strictly necessary to use this service
They allow the use of the main functionalities of the Site, such as memorising the display preferences of your terminal (language, display parameters) according to the graphic charter, the type of terminal and the viewing or reading software that you use (type of browser), and take this into account when you visit the site again.
They also allow us to link the different pages viewed together to ensure smooth navigation.
Finally, they allow us to manage your user session after you log in.

Cookies that measure audience and statistics
They allow us to establish statistics and counts of Site visits and use of the various pages and sections (number of visits, page views, your path on the Site, links that you select, your return frequency, etc.). This information is useful for us:

  • to carry out studies to adapt the content of the Site to your needs.
  • to detect malfunctions and improve our quality of service.

Cookies from social networks
In order to improve the interactivity of our Site, we use services offered by third-party sites. These services use cookies when you interact with them. These include:

  • "Facebook Connect" or "Google Connect" features to register or connect to the Site
  • Buttons for sharing content on social networks (Facebook, Twitter, Google Plus)

Cookies advertising partner companies
They are likely to be placed in your terminal, to identify your preferences and interests, pages viewed on our Site, in order to personalise the advertising offer addressed to you.

13.3. Your choices concerning cookies

When you arrive on our Site, you are informed of the use of Cookies thanks to a dedicated information banner. You are then invited to accept all Cookies integrated on our visited pages, or to find out more.* It should be noted that the fact that you continue browsing the Site by clicking on any link or that you close the cookies information banner is valid for agreement on the deposit and reading thereof

Cookies strictly necessary for using the service
You can object to these cookies being deposited on your terminal and delete them by using the configuration parameters of your browser. However, your user experience may be severely degraded, or even some features of the Site will no longer be accessible.

Other categories of Cookies (audience measurement, social networks, advertising)
You can object to the deposit and reading of these categories of cookies by our Site on your device by changing the settings of your browser.

Browser settings
You can choose at any time to express and modify your wishes in terms of cookies, by the means described below.

The choices offered to you by your browser software:
You can configure your browser software so that cookies are saved in your terminal or, conversely, they are rejected, either systematically or according to their issuer. You can also configure your browser so that the acceptance or rejection of cookies is offered to you occasionally, before a cookie is likely to be stored in your device. For more information, see "How to exercise your choices, depending on the browser you use."

Agreement on cookies
The saving of a cookie in a terminal is essentially subject to the will of the Terminal user, which the latter may express and modify at any time and free of charge through the choices offered by their navigation software.
If in your browser you have accepted the saving of cookies in your Terminal, cookies embedded in the pages and content you have viewed may be stored temporarily in a dedicated area of ​​your Terminal. They can be read only by their issuer.

Refusal of Cookies
If you refuse to save cookies in your terminal, or if you delete those saved there, you will no longer be able to benefit from a number of features that are nonetheless necessary to navigate certain areas of our Site. This would be the case if you were trying to access our content or services that require you to log in. This would also be the case if we – or our providers – could not recognise, for technical compatibility purposes, the type of browser your terminal uses, its language and display settings, or the country from which your terminal appears to be connected to the Internet.
Where applicable, we accept no responsibility for the consequences of the poor functioning of our services resulting from the impossibility for us to register or consult the cookies necessary for their operation and that you have refused or deleted.

How to exercise your choices, depending on the browser you use
For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will inform you how to change your wishes for cookies.

For Internet Explorer™ :
https://support.microsoft.com/en-us/topic/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d

For Safari™ :
http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html

For Chrome™ :
https://support.google.com/chrome/answer/95647?hl=en&co=GENIE.%20Platform%%203DDesktop%20

For Firefox™ :
https://support.mozilla.org/en-US/kb/block-websites-storing-cookies-site-data-firefox

For Opera™ :
http://help.opera.com/Windows/10.20/fr/cookies.html

For more information about your rights regarding the management of cookies, see the CNIL website: https://www.cnil.fr

ARTICLE 14 - Entirety

In the event that one of the clauses of the present General Terms and Conditions of Use would be void due to a change of legislation, regulation or by a court decision, this will no way affect the validity and compliance with other clauses of the Terms of Use.

ARTICLE 15 - Vigilance

Any person may report at any time the posting on interactive services of any message of a contentious nature or those that would be offences in the Penal Code such as the apology for crimes against humanity, the incitement to the racial hatred, child pornography, likewise in the case of disrespect, by a user, of these General Terms and Conditions of Use.

The user can contact the teams of the Site using the "Contact us" section.

IDILINK will take care to identify the disputed message. It is understood that the abuse of this faculty is likely to engage the responsibility of the person who exercises it.

ARTICLE 16 - Applicable law

These General Terms and Conditions of Use are exclusively governed by French law.

GENERAL TERMS AND CONDITIONS OF USE OF THE KAZAPLAN 3D PLAN SOLUTIONDate of last update: 21/03/2018

The use of the Planner 3D (hereinafter referred to as "the Solution"), accessible on the Partner Websites is subject to the compliance with these General Terms and Conditions of Use (hereinafter the "GTCU").

ARTICLE 1 - Purpose

The purpose of these Terms is to specify the conditions under which the User may use the KazaPlan Solution on all the Partner Websites.

The use of the Solution implies a careful reading of these Terms and their prior acceptance without restriction or reservation and the commitment to comply with them. These GTCU may be subject to change at any time, especially in view of technical constraints or developments, which will take effect from the time they are posted online.

These GTCU come into force on the date of their online publication on the Partner Website and are binding on the date of the first use of the Solution for the duration of its use.

The Solution must be used by the Users exclusively within the framework and the respect of the GTCU and exclusively for personal and private use. This provision is made by the Partner Websites for free and for personal use only. Any use not expressly authorised by these General Terms and Conditions of Use is deemed prohibited and exposes its author, where applicable, to prosecution.

ARTICLE 2 - Definitions

These definitions are to be understood equally in the singular and plural.

GTCU:
Refers to this document forming a contract between the User, the Partner and the company IDILINK. The GTCU must be accepted by the User before their Plans can be saved on a Partner Website.

Partner Account:
Designates an account created by the User on a Partner Website. It is separate from the KazaPlan Personal Account.

KazaPlan Personal Account:
Refers to the KazaPlan account created by a User when registering for the first time their Plan(s) on a Partner Website. This registration requires the User to provide KazaPlan Data as well as, if applicable, Partner Data specific to each Partner Website. This KazaPlan Personal Account allows the User to access their Plans from all Partner Websites, if necessary on the condition that their KazaPlan Personal Account has been linked to their Partner Account.

KazaPlan Data:
Personal KazaPlan Account e-mail and password, chosen by the User when creating a KazaPlan Personal Account, as well as User-recorded Plans. The Email and the password allow the User to save their Plans and to find them on any Partner Website.

Partner Data:
Data other than KazaPlan Data, provided by the User when using the Solution and especially when creating/connecting to a Partner Account and/or a KazaPlan Personal Account.
Partner Data is collected by each Partner, IDILINK acting as a subcontractor, and is not communicated to any other Partner.

Personal Data:
Refers to the data that is collected and processed in the context of the Solution, and which is legally subject to the regime of the French Data Protection Act.

KazaPlan General File:
File containing all KazaPlan Data of all Users collected by IDILINK at the time of creation of a KazaPlan Personal Account and for which IDILINK is solely responsible.

KazaPlan Partner File:
File for which a Partner is solely responsible and which contains the KazaPlan (i) Data that he has collected from the Users, through his subcontractor IDILINK, when creating an Account. Personal KazaPlan (ii) and/or that are transmitted to him by the company IDILINK when a User wishes to have access, on the Website of this Partner, to the Plans that he previously registered on the Website of another Partner.

Partner File:
File for which a Partner is solely responsible and exclusively containing Partner Data, collected by the Partner, IDILINK acting as a subcontractor.

Partner:
Refers to companies that benefit from the rights of use of the Solution in SaaS mode and make it available to Users on their own website, after they have accepted these GTCU. The number of Partners will evolve.

Partner Website:
Refers to a Partner's website(s), or a Partner's web application available on desktop, tablet or mobile, from which a User can access the Solution via their KazaPlan Personal Account, either directly or indirectly when this KazaPlan Personal Account has been linked with a Partner Account.

Solution:
Refers to the scalable KazaPlan 3D Planner, accessible on SaaS Partner Websites and subject of these Terms. IDILINK, SARL, whose registered office is rue Sadi Carnot, 59790 in Ronchin, registered with the RCS of Lille under number 509 633 715, is the sole owner of the exploitation rights of the Solution and has granted operating licenses to Partners.

User:
Refers to the Internet user who is a natural person connecting to a Partner Website and who has validated these Terms of Use before being able to register his or her Plans. The User must act solely for his own account.

ARTICLE 3 - Disclaimer

The provision of the Solution is currently being tested and will be constantly evolving. Therefore, the User acknowledges and accepts that evolutions of the Solution are likely to occur during its use.

In addition, the Solution may no longer be available on one, several, or all of the Partner Websites, without the User being able to raise any claim against any Partner and claim any compensation.

ARTICLE 4 - Presentation of the solution/Features

The Solution is at the same time an architecture software and a software of arrangement and interior decoration which allows the User to create their virtual home and in particular to:


  • design and draw the Plan 2D of its interior, with the possibility to place and move walls and partitions, add floors, doors and windows;
  • model their interior in 3D, adding furniture from the range of furniture and accessories offered by each Partner's library;
  • create their own 3D furniture thanks to the furniture editor;
  • have a wide range of paint and coating, to review the floor decoration on the ceiling of their virtual house;
  • store their Plans online for free (not on the User's computer or other device);
  • access their own Plans from any computer and Partner Website when the Personal Account has been linked with the Partner Account of a Partner Website;
  • share their Plans and Experiences about the Solution with other Users.

ARTICLE 5 - Technical prerequisites

The Solution does not require any prior download before use. It is accessible via the internet.In any case, no Partner is responsible for the inadequacy of the Solution with the equipment of the User who makes it their personal business.
The Solution is available in any location, as long as the minimum technical conditions are met and in particular in terms of hardware, access to the mobile phone network, internet network and technical compatibility of the equipment used.
In no case will the Partners be responsible for the inaccessibility to the Solution for technical causes or for any other reason.

ARTICLE 6 - Procedure and conditions of registration to use the Solution

6.1. Use of the Solution

Any internet user can freely create Plans on the Partner Websites free of charge.
This use does not require any registration. But it does not allow Plans to be saved or to be accessed from a Partner Website.
To be able to save Plans, it is necessary to create a KazaPlan Personal Account in advance; the User can then save their Plans created online using the Solution. Once their Plans have been registered, the User may at any time complete them, modify them or benefit from any other functionality offered by the Solution connecting to the Partner's Website via his KazaPlan Personal Account.
The User may also find their Plans on all other Partner Websites after having, if applicable, linked his KazaPlan Personal Account with his Partner Account on each Partner Website, as stipulated in article 6.3.

The use of the solution is subject to the fact that the user is of age. The adult user may use the Solution for the benefit of a minor(s) for whom he exercises parental authority, which he expressly declares.

The Solution is also available on www.kozikaza.com and www.kazaplan.com. To ensure the proper functioning of the networked Solution (data flow), these two sites are, in relation to the Users, treated as Partner Websites and, the IDILINK Company as a Partner.

6.2. Conditions for the first registration of Plans on a Partner Website

To register online the Plans made with the Solution, the User must (i) create his KazaPlan Personal Account (ii) after having, where applicable, created a Partner Account.

To create a Partner Account, the User must accurately fill in the form available to them (Partner Data). The User agrees to keep his information up to date.

To create their KazaPlan Personal Account, the user must indicate their e-mail address and a password (KazaPlan Data), as well as any other information determined by each Partner (Partner Data).

Some information collected is mandatory to achieve the objectives described above, others are optional. You are systematically informed of the mandatory nature of information, when it is collected, by means of an asterisk indicated on each relevant form field or a text at the bottom of the page. If you do not fill in certain mandatory fields, access to one or more services offered by the Site will be impossible, or the quality of the service will be degraded.

In order to facilitate the creation of a KazaPlan Account, the Partner may communicate to the Company the User's email so that the latter does not have to type it. The User hereby authorises the Partner to send his e-mail address to the Company, in order to integrate it into the KazaPlan General File. Similarly, in order to facilitate access to the Solution, the KazaPlan Account and the User Account of the same User may be linked by means of an identifier (token), so that the User does not have to inform the identifiers of his KazaPlan Account systematically to access the Solution.

The User is informed that the password is personal and confidential. They undertake not to disclose it to third parties and to take all necessary precautions to prevent third parties from having access to it. The User is responsible for the protection of their personal login information to log into their KazaPlan Personal Account and access the Solution, as well as activities and actions carried out from their KazaPlan Personal Account. As such, they take all necessary precautions for this protection. They are encouraged to use strong and complex passwords ("strong": passwords that use a combination of upper and lower case letters, numbers and symbols). The User agrees to notify KazaPlan without delay in case of loss or usurpation of his password. Failing this, and unless proved otherwise, any connection or transmission of data orders made by means of the password will be deemed to originate from the User and will be under their exclusive responsibility. To be taken into account, complaints must be addressed to KazaPlan via the contact form on www.kazaPlan.com.

The User, after registration, can consult their Plans registered online, for free. They may work on their own Plans (modify, complete, re-register, etc.) once they have logged in from their KazaPlan Personal Account on the same Partner Website.

6.3. Conditions of consultation and modification of Plans on other Partner Websites

The Solution allows, after registering Plans on a first Partner Website, access to one or more other Partner Internet Sites, in order to consult them, complete, modify and save any changes.

In order to access their Plans on one or more other Partner Internet Sites, the User must, as the case may be:

  • Either go to a Partner Website in order to initially create a Partner Account. To do this, fill out a form (Partner Data). Once this registration has been completed, his KazaPlan Personal Account and his Partner Account are linked by providing his KazaPlan login and password. The User may then have access to the Registered Plans on the other Partner Websites on this Partner Website.
  • Or go to a Partner Website in order to enter the identifiers of his KazaPlan Personal Account and have, if necessary, provided other information (Partner Data). The User may then have access to the Registered Plans on the other Partner Websites on this Partner Website.

Modified Plans on a Partner Website may be registered and accessible from all Partner Websites under the same conditions.

ARTICLE 7 - Users' personal data

In the context of the use of the Solution, the User is required to communicate to the Partner and the company IDILINK certain information that may be qualified as Personal Data.

As the KazaPlan Solution is a tool of the company IDILINK which is intended to be available on multiple websites, its operation requires that the company IDILINK, which collects the KazaPlan Data and is solely responsible for the processing of the KazaPlan General File, be able to communicate them to Partners. In addition, when using the Solution, Partner Data is also collected by IDILINK, as a subcontractor of the Partner. These Personal Data treatments are governed by this article.

7.1. Parties responsible for processing

Each Partner and the IDILINK Company, is solely responsible, with respect to the files under their charge, for the formalities incumbent on them under the regulations relating to the protection of personal data.

7.1.1. Files for which the Partner is responsible

The Partner is solely responsible for the KazaPlan Partner and Partner Files, and as such is solely responsible for complying with all the obligations imposed by the Personal Data legislation, particularly with respect to statements, the collection of data, the information of Users and possibly the collection of their consent, the exercise of their rights, etc.

However, the Partner is not responsible for the manner in which the KazaPlan Data transmitted to him by IDILINK has been collected at the moment a User wishes to access his Plans on the Partner's Website.

The Partner may subcontract the hosting, collection and processing of the files for which he is responsible to IDILINK, the company itself being able to call on subcontractors.

Partner File

When creating a Partner Account, the User communicates to the Partner a certain amount of personal data (among the Partner Data).

In the absence of a Partner Account, when creating a KazaPlan Personal Account on a Partner Website (or when connecting the User to a Partner Website), the User may be required to communicate Partner Data at IDILINK, as a subcontractor of the Partner.

The Partner is solely responsible for processing the Partner File. The Partner undertakes not to collect and process sensitive personal data. This Partner Data is not transmitted to any other Partner or IDILINK company. Users may exercise the rights granted to them under the French Data Protection Act by writing to an address provided to each User.

KazaPlan Partner File
When creating a KazaPlan Personal Account, the User communicates to the Partner, an e-mail address as well as a password, in order to be able to save their Plans (KazaPlan Data). This information is also collected by the company IDILINK on its behalf under the conditions set out in article 7.1.2 hereof.

When a User wishes to have access on a Partner Website to Plans that they have previously registered on the Website of another Partner, the KazaPlan Data is transmitted by the company IDILINK to the Partner.

Each Partner is solely responsible for its KazaPlan Partner File containing the KazaPlan Data that it has collected or that IDILINK has sent to it.

The Partner undertakes not to communicate the information of its KazaPlan Partner Account to third parties, nor to rent and/or sell them in whole or in part.

7.1.2 General KazaPlan file for which the Company is responsible

During the process of creating a KazaPlan Personal Account, as well as during the registration / modification of each KazaPlan Data, the User communicates the KazaPlan Data to IDILINK, creator and facilitator of the KazaPlan Solution. This KazaPlan Data is integrated by IDILINK into the KazaPlan General File containing all KazaPlan Data of all Users of all Partner Websites, and for which IDILINK is solely responsible for the processing. Users may exercise the rights granted to them by the French Data Protection Act by contacting IDILINK.

Finally, the KazaPlan Data contained in the IDILINK KazaPlan General File are transmitted to a Partner whenever a User wishes to have access to their Plans on the Website of this Partner. In this case, the KazaPlan Data is transmitted to the Partner who integrates it into his Partner KazaPlan File. Users can exercise the rights that are recognised by the French Data Protection Act by contacting the Partner.

7.2. Purposes of processing

7.2.1. Partner and KazaPlan Partner Files

The KazaPlan Partners Files and Partner Files are for the purposes determined by each partner:
In this case, the Partner Files and KazaPlan Partner Files have the following purposes:

  • To potentially allow the identification of the user for their personal account on the Partner site, and thus ensure the security of the Data.
  • To allow the sending of commercial or informative newsletter(s) dedicated to the Partner's activity. The Partner undertakes to comply with the legislation in force and to request the necessary agreements from the User. The production of statistics
  • Recover KazaPlan Data for commercial prospecting and advertising purposes. The Partner undertakes to respect the legislation in force and to request the necessary agreements from the User.

7.2.2. General KazaPlan File

The General KazaPlan File has the following purposes, determined by the company IDILINK:

  • The operation of the KazaPlan network.
  • The purpose of the General KazaPlan File is to enable the identification of the User, through their KazaPlan Personal Account, on all the Partner Websites.
  • The General KazaPlan File also allows the User to access the Plans that they have registered on all the Partner Websites, which requires the transmission of KazaPlan Data by the company IDILINK to the Partners:
    • for the Partner Websites which require the creation of a Partner Account, IDILINK transfers the KazaPlan Data to the Partner after establishing the link between the KazaPlan Personal Account and the Partner Account. The Partner integrates this KazaPlan Data into its Partner KazaPlan File.
    • for Partner Websites that do not require the creation of a Partner Account, IDILINK transfers KazaPlan Data directly to the Partner who integrates it into their Partner KazaPlan File.
    • Presenting examples of creating Plans (without indicating the name of the User).
    • Sending information emails exclusively related to the KazaPlan Solution.
    • Creating statistics.

ARTICLE 8 - Intellectual property

8.1. Users' rights

The use of the Solution does not confer on the User the ownership of the intellectual property rights to any program, service, graphic design, logo, creation, technology, brand, or other, relating to the Solution.

The IDILINK company and the Partners are the sole owners of the databases made up of the Plans, information entered in the forms, etc. and are the sole owners of intellectual property rights on these databases pursuant to Articles L. 112-3 and 341-1 et seq. of the French Intellectual Property Code.

8.2. Warranty of non-infringement

The User who uses the Solution undertakes to respect all the intellectual property rights of any nature related thereto.

Any copy, reproduction, modification or representation, in whole or in part, in any form and in any manner whatsoever of the Solution or its elements, is prohibited.

The User will keep the Partners and IDILINK entirely free from any claim alleging a violation of the intellectual property rights by the User.

8.3. Authorisation to operate User Plans

The User authorises the Partners and IDILINK to use their Plans (and the information they contain) registered on the Partner Websites. The User authorises the Partners to reproduce, represent, broadcast and communicate to the public their Plans. This authorisation is valid for the duration of protection of the Plans by possible intellectual property rights and for the whole world. This authorisation is stipulated free of charge. This authorisation for reproduction, etc. may be assigned/transmitted by the Partners to their subcontractors. This authorisation is valid for using the Plans and information via the Solution, particularly on the Partners' sites, to present examples of creations or for statistical purposes. Under no circumstances shall the User's name be mentioned when using the Plans.

ARTICLE 9 - Users' rights and responsibility

9.1. Responsibility

The use of the 3D Plan Solution is under the sole and complete responsibility of the Users.

Users are solely responsible for the information they communicate on the Solution.

In the event of abnormal use or unlawful exploitation of the Solution, Users are solely responsible for damages caused to third parties and the consequences of any claims or actions that may result from them.

Users also waive any recourse against the Partners and IDILINK in the case of prosecution by a third party against them because of the use and/or illegal exploitation of the Solution.

It is expressly agreed that the Partners and IDILINK have no obligation to keep the Plans registered by the Users for a fixed period. Saved Plans can be deleted at any time.

9.2. Content

Users undertake not to use the Solution to:

post, transmit, share, store or otherwise make available any content contrary to public order, prejudicial, threatening, illegal, defamatory, unauthorised, abusive, malicious, vulgar, obscene, fraudulent, violating privacy or image rights, abhorrent, inciting violence, racial or ethnic hatred or otherwise objectionable; create multiple accounts or impersonate a third party; transmit any element containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the functionality of software, computer equipment or electronic communications; post, transmit, share, store or otherwise make available any content that constitutes or encourages a criminal offence or provides instructions on how to do so, which infringes the rights of a third party or is likely to involve the liability of a third party or to violate local, national or international law.

Users are solely responsible for the content they include in the Solution, including any content that may be offensive or illegal or may violate the rights of third parties.

10.1. Access and operation of the Solution

The Partners and IDILINK make their best efforts to ensure the proper functioning of the Solution.

The Partners and IDILINK are not bound towards the Users with any guarantee, express or implicit, including any guarantee of quality and suitability for a particular use of the Solution offered free of charge to Users.

The Solution is in principle accessible 24 hours a day and 7 days a week. However, the Partners and IDILINK cannot be held liable in the following cases, without this list being exhaustive:

  • in the event of interruption of the Solution for whatever reason;
  • in the event of temporary or prolonged impossibility of access to the Solution (and/or the websites and applications linked to it) due to technical problems, whatever the origin and provenance;
  • in the event of unavailability or overload or any other cause preventing normal operation of the mobile network used to access the Solution;
  • in the event of contamination by possible computer viruses circulating on the network;
  • more generally, in the event of direct or indirect damage being caused to the Users, whatever its nature, resulting from access to, or use of the Solution (and/or the sites or applications which are linked to it);
  • in the event of abnormal use or illegal operation of the Solution;
  • in case of loss by the Users of their username and/or password or in case of usurpation of their identity.
  • in case of deletion of the Plans and the Solution.

10.2. Content that Users post online

The Partners and IDILINK are not at the origin of the creation of the content that Users put on line nor of this posting, these operations remaining under the exclusive responsibility of Users.

The Partners and IDILINK are not at the origin of the creation of the content that the Users put on line nor of this posting, these operations remaining under the exclusive responsibility of the Users.

The Partners and IDILINK cannot be held responsible for exchanges between the Users.

The Partners and IDILINK cannot be held responsible for any content created with the Solution or any uploading of this content. Thus, with regard to the legal qualifications defined by Article 6 of French Law No. 2004-575 for Confidence in the Digital Economy (LCEN) of June 21, 2004, the Partners and IDILINK are hosts for the content that the Users upload. The Partners and IDILINK are therefore not responsible for the contents of Users and do not support any obligation to monitor this content.

10.3. Public content of the Solution

Despite the greatest care taken in creating and updating the Solution, the Partners and the company IDILINK cannot provide any guarantee, express or implied, concerning the information contained on the Solution of which it is authors.

Consequently, the Partners and the IDILINK company cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Solution.

10.4. Plans created via the Solution and content

Partners and IDILINK Company cannot be held responsible for Plans made by a User via the Solution. Partners and IDILINK Company disclaim any liability for claims, disputes or damages claimed by a third party or another User as a result of the Plans, the KazaPlan Personal Account or any other matter relating to the Solution.

IDILINK cannot be held responsible for the content of Partner Websites offering the Solution, their access or their operation. Each Partner is only responsible for its own website.

10.5. Force majeure

The Partners and IDILINK cannot be held responsible for, or considered as having failed to comply with these GTCU, for any delay or non-performance, when the cause of the delay or the non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals including the interruption, suspension, reduction or electrical or other disturbances or all interruptions of electronic communications networks or in the event of events beyond their control.

10.6. Hypertext links

The Partners and IDILINK specify that the use of hypertext links may lead Users to other websites or applications, independent of the Partner Website.

Hypertext links to other sites or applications from the Solution or the Partner Websites http://www.mis-en-contact.com cannot, under any circumstances, engage the responsibility of the Partners.

It is the User's responsibility to ensure the regularity of the hypertext links on the sites they consult.

10.7. Amendments to this agreement

The Partners and IDILINK reserve the right to modify the terms, conditions and notices herein at any time, particularly in the event of technical, legal or jurisprudential developments or when setting up new services.

Users are therefore advised to regularly consult the latest version of the GTCU available on www.kazaPlan.com.

These changes will take effect immediately upon publication of the modified GTCU on the website www.kazaPlan.com.

The renewed use of the Solution as and when these General Terms and Conditions of Use are modified, constitutes the acceptance of the present general terms and conditions thus modified by the Users.

ARTICLE 11 - Independence of clauses

If any part of these General Terms and Conditions of Use should be void, invalid or unenforceable for any reason, the term or terms in question would be declared non-existent and the remaining terms would retain their full force and scope and continue to be applicable. The terms declared non-existent would then be replaced by the terms that will be closest to the content and meaning of the annulled clause.

ARTICLE 12 - Applicable law and jurisdiction

These General Terms and Conditions of Use are exclusively subject to French law.
Any litigation, including forward right, which would arise on the occasion of the use of the Solution will be submitted to the competent Courts of Lille, notwithstanding plurality of defendants or guarantee call.

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All information collected by this form are subject to an automated process from IDILINK.To know more, we invite you to read our terms of uses. In accordance with the applicable laws on personal data, you have a right of access, rectification, deletion and opposition, for legitimate reasons, to the collect of your personal data. To exercise your rights, please write an email to contact@kozikaza.com.