The publisher of the website thelyfe-inlfuence.com (the Site) is The Lyfe Influence, a simplified joint stock company with capital of 1,000 euros, whose registered office is located at 24 rue Vineuse, 75016 Paris, registered with the Paris Register of Companies under number (pending registration). Intracommunity VAT number: FR88884871047.
Hannah Romao and Ilona Minas, co-founders of the company, are responsible for the Site's publication.
This site is hosted by: Rubrash, 4 Rue de la République, 69001 Lyon, France.
Any remark, suggestion or complaint can be sent via the contact form on the site. The present General Terms and Conditions of Use ("GTCU") define the conditions of use of the Services offered by The Lyfe influence accessible at thelyfe-influence.com. By validating his/her registration, the User declares that he/she has read and unreservedly accepts the GCU.
The Company is a full-service communications agency offering digital influencer marketing (as described below) focused on the world of wellness, beauty, healthy living and health.
In particular, the Company has developed a platform and mobile application to put wellness, beauty, health and generally "healthy" professionals in direct contact with influencers (hereinafter, the "Influencer(s)"), in order to offer them the opportunity to benefit from experiences (as defined below) from the Partner in exchange for visibility on their social networks, materialized via Posts or Stories (as defined in Article 1).
ARTICLE 1 DEFINITIONS
In addition to the terms defined in the body of the text, the following terms, whether singular or plural and beginning with a capital letter, shall have the following meaning:
"Application": refers to the mobile application available on iOs and Android on which Influencers can proceed with their Registration and benefit from the Partners' Experiences.
"Account" means, where applicable, if the Partner subscribes to the Offer set out in article 2.1 hereof, the secure space on the Platform to which the Partner has access, after creating his or her account, enabling him or her to offer his or her Experiences to Influencers.
"Personal data" means any information relating to an identified or identifiable natural person. An "identifiable natural person" is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity communicated or processed within the framework of the Services.
"Event": means the event carried out by the Company on behalf of the Partner as part of the selection of the Offer set out in article 2.3 hereof.
"Experience(s)" refers to the services freely offered by the Partner relating to the world of well-being, beauty, health and in general, in the world of "healthy".
"Followers" refers to the persons subscribed to the Influencer's accounts on its Networks and likely to view its publications.
"Host" refers to the Company's subcontractor in charge of hosting the Site.
"Influencer(s)" refers to people who are part of the Company's network, who have an Account on the Application and who will be able to benefit from the Partners' Experiences in exchange for visibility on their Networks.
"Registration" means the creation of an Account on the Platform and acceptance of this Agreement by the Partner.
"Offer(s)" refers to the different types of Digital Marketing Services offered by the Company and defined in article 2 of the Contract.
"Partner(s)" refers to wellness professionals offering Experiences through the Platform and Application.
"Platform": refers to the web platform on which Partners can register, offer Experiences and modify their information by accessing their Account.
"Post(s)" refers to publications by the Influencer on his/her personal or professional social network accounts that are intended to remain visible over the long term.
"Network(s)" refers to the social platform(s) on which the Influencer has a personal or professional account enabling him/her to share and exchange information, content, photographs and videos with a community of Followers.
"Services" generally refers to all the Offers proposed by the Company.
"Stories" refers to the Influencer's temporary publications on his personal or professional accounts on the Networks and which are not intended to remain visible for more than twenty-four (24) hours, depending on the conditions of each Network.
"The Lyfe" refers to the Platform accessible after downloading iOs or Android and the Account allowing the Partner to propose Experiences.
ARTICLE 2 DESCRIPTION OF SERVICES
Among its Services, the Company offers the following Offers.
The Company offers to put Partners in direct contact with Influencers, enabling the latter to benefit from Experiences in exchange for Posts and/or Stories (as defined below), such as, but not limited to: beauty treatments, hairstyling treatments, slimming and fitness treatments, massage treatments, sports lessons, wellness catering, etc.
It is understood that the Partner makes the Experience(s) available to the Influencer free of charge, in exchange for which the Influencer must, depending on the number of Followers, post on the social networks.
It is understood that the Influencer registers, via his Account, on the Application, and can only intend to benefit from Experiences insofar as the Company has validated his profile. It is understood that the Partner offers free Experiences via the Platform, which the Influencer is free to select or not. Once the Partner's Experience has been selected, the Influencer must fulfill his or her obligation to publish the selected content in Stories or Posts on the Networks.
The Company offers a Community Management Service for the following services:
creation of editorial content for social networks, creation of a visual identity and harmonization of the feed, editorial line with previews of posts, putting posts online, social network animation, monthly reporting
(hereinafter, taken as a whole, the "Community Management Services")
The terms and conditions of this Offer are governed by Appendix 2 and the corresponding Community Management Quotation.
Creating and organizing events
(Hereinafter, taken as a whole, the "Events Services")
The terms and conditions of this Offer are governed by Appendix 3 and the corresponding Event Quote.
ARTICLE 3 PROVISION OF SERVICES
The Company will use all reasonable care to provide the Services to the Partner under the conditions set forth herein.
No advice or information, whether oral or written, expressed by the Partner or when using the Services shall be liable to create obligations for the Company or guarantees not expressly provided for in these GCU.
The Company reserves the right to cease offering certain Offers and, in general, its Services, or to modify them.
The modification or cessation of certain Offers or any other Service by the Company shall not give rise to any indemnification or compensation whatsoever on the part of the Company to the Partner.
The Company hereby informs the Partner that it shall not be held liable in the event of unavailability of the Services resulting from the occurrence of a case of force majeure as provided for in article 6 of these GCU.
ARTICLE 4 LIABILITY
Given the state of the art in its profession, the Company, which undertakes to take all reasonable care in the performance of its obligations, is subject to an obligation of means.
The Company draws the Partner's attention to the characteristics and limitations of the Internet and, in particular, to the following points:
The Company recommends that the Partner has a fast Internet connection. The Company declines all responsibility for any slowness in loading or downloading directly due to the Internet network and/or the provision of the Partner's Internet access by his or her Internet service provider. The Company is unable to guarantee the continuity of Services performed via the Internet, which the Partner hereby expressly acknowledges.
ARTICLE 5 PERSONAL DATA
The Company, concerned about the Partner's Personal Data, undertakes to ensure the compliance of the processing of Personal Data that it operates in its capacity as data controller within the framework of the GCU, in accordance with the applicable provisions of the French Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016.
The Personal Data collected on the Application, the Platform and/or within the framework of the GCU are those that the Partner has voluntarily transmitted at the time of his Registration, as well as the Data automatically collected by the Company within the framework of its activities by means of cookies.
The Company collects and processes the Partner's Personal Data for the strict purpose of executing the GCU and connecting with Influencers via the Experiences, to guarantee the optimization and quality of the Services offered, for the purpose of connecting with commercial partners and for receiving the Company's newsletter.
The Company's Host is Rubrash. The Partner is informed that the Company does not collect any "sensitive" Data within the meaning of current legislation and regulations, and that the Personal Data collected is not transferred outside the European Union.
The Partner is informed that he/she has the right to access, modify, oppose and port his/her Personal Data at any time. He may validly exercise his rights through his legal representative by sending an email to the following address firstname.lastname@example.org or by post to the following address: 11 rue Benjamin Franklin, 75016 Paris, indicating his identity and providing proof of the company and the identity of the legal representative concerned. The Partner is also informed that he/she may lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) if he/she considers that his/her rights have not been respected.
ARTICLE 6 TERMINATION AND FORCE MAJEURE
In the event of non-compliance by the Partner with any of the provisions of these GCU, the Company may terminate the subscription to the Services, fifteen (15) days after sending the defaulting Partner formal notice by registered letter with acknowledgement of receipt which has remained unsuccessful, and this notwithstanding any damages to which the Company may be entitled.
Specific termination terms are defined in Appendices 1, 2 and 3, depending on the Offer chosen by the Partner.
Regardless of the Offer selected, it is specified that in the event of a case of force majeure making it impossible for the Company to perform its obligations under the GCU, the latter will inform the Partner as soon as possible after the occurrence of this impossibility. The Company's obligations will be suspended, and its liability will be discharged solely in respect of those obligations or services which the force majeure event renders impossible to perform. The Parties shall consult each other in order to agree in good faith on a solution that will enable the Contract to continue.
For the purposes of the GCU, force majeure events include all events that are unforeseeable, irresistible and external to the Parties, in accordance with the provisions of article 1218 of the French Civil Code, as well as, by express agreement between the Parties, an explosion, an earthquake, a strike not involving the Company, riots, public unrest, war, epidemic or pandemic, failure of communication, energy supply or transport networks, failure of delivery or transport service providers, as well as criminal acts committed by third parties and more particularly those resulting from pirate attacks of any kind on information systems.
In the event of force majeure making it impossible to continue the partnership for a period in excess of sixty (60) calendar days, the partnership may be terminated ipso jure and without legal formalities by either party by registered letter with acknowledgement of receipt sent to the other party, with no compensation due on either side. It is understood that any sums paid to the Company will not be reimbursed. In the event of full completion of the Offer, it is specified that the sums due in respect of the completion of the said Offer will be due to the Company.
ARTICLE 7 INSURANCE
The Parties declare that they are insured for their respective professional civil liability with a reputable and solvent company for material and immaterial damage resulting from the performance of the present contract.
The Parties undertake to maintain these guarantees for the duration of the subscription and to provide, at the express request of the Party requesting it, a certificate showing the name of the company, the number of the insurance policy and the nature and amount of the guarantees.
ARTICLE 8 NON-WAIVER
Under no circumstances shall the fact that TLI refrains from demanding the performance of an obligation to which it may be entitled be interpreted as a waiver on its part of the performance of said obligation, regardless of the duration of its abstention or tolerance.
ARTICLE 9 DISPUTES AND JURISDICTION
Should any provision of these GCU prove to be invalid, unenforceable, contrary to legislation, or inapplicable in any way whatsoever, it is agreed that the disputed clause shall not alter the other provisions, which shall retain their full effect and remain valid.
With the exception of emergency cases justifying recourse to emergency legal proceedings, the Parties undertake, in the event of any dispute arising between them relating to the formation, validity, interpretation, performance or termination of the subscription, prior to any legal action, to implement a procedure designed to facilitate an amicable settlement as quickly as possible.
ARTICLE 10 PLATFORM REGISTRATION PROCEDURE
In order to benefit from the Services, the Partner may freely access the Platform and proceed with Registration.
The Partner is invited to fill in the following fields (mandatory): company name, registered office address, SIRET number, company form, share capital, representative's name, representative's e-mail address, telephone number.
The Partner warrants to the Company that the data he/she provides when registering on the Platform is accurate, complete, regularly updated, does not infringe the rights of third parties and is not unlawful and/or contrary to public policy. In particular, the Partner undertakes to provide a valid e-mail address of which it is the owner. The provision of this information and keeping it up to date constitutes one of the determining conditions of the right to use the Services. The Partner undertakes to use and consult his/her email address regularly, it being specified that any message sent to the Partner's email address by the Company will be deemed notification within the meaning of these GCU and will be deemed to have been received and read by the Partner on the date the email was sent. The Partner is informed that he/she may freely modify his/her information directly on the Platform via his/her Account.
In the event that the information provided by the Partner proves to be false, incomplete or obsolete, the Company reserves the right, without compensation and without notice, to suspend or terminate any commercial relationship under the conditions set out in the "Termination" article herein, without prejudice to any actions under common law that may be available to it.
ARTICLE 11 TEMPORARY INTERRUPTION OF SERVICES
The Company reserves the right, at any time and without prior notice, to temporarily interrupt all or part of the Services in order to carry out technical and maintenance work or to improve the Services, which will contribute to their proper operation, or to repair a breakdown, or for reasons of maintenance of the Application and/or the Platform, as the case may be.
Consequently, the Company may not be held liable in any way whatsoever, and for any reason whatsoever, against the Partner or any third party for the consequences resulting therefrom, and in particular in the event of the unavailability of all or part of the Services, a difficulty linked to response time, and generally speaking, any lack of performance whatsoever of all or part of the Services.
The Company undertakes to use its best efforts to inform the Partner of such interruptions, to keep them as short as possible and to ensure that they occur during periods when use of the Services is limited, without this consideration amounting to an obligation of result.
ARTICLE 12 MODIFICATION OF THE OFFER
The Company is entitled to make any changes necessary to the development of its Services, its Offer, its Platform and its Application. It is the sole judge of these modifications from a practical, technical and aesthetic point of view.
ARTICLE 13 TERMS AND CONDITIONS OF THE OFFER
The Partner is free to offer the Experiences on the Platform in accordance with its business. However, they undertake never to offer Events that are illegal, dangerous and/or contrary to public order or morality. At the express request of the Partner, the Company may provide advice on the nature of the Experience. The Company informs the Partner that it does not carry out any a priori checks on the Experiences.
If the Influencer requests the cancellation or postponement of an Experience, it is the Influencer's responsibility to contact directly the Partner from whom it requested the Experience, at least forty-eight (48) hours prior to the date and time initially scheduled for the Experience, it being specified that the Partner's response is entirely at its own discretion.
The Partner shall not hold the Company liable for any cancellation or delay on the part of the Influencer, as the Company only enables the Partner and the Influencer to be put in contact.
The Partner may, at its sole discretion, and in compliance with the provisions hereof, accept the cancellation or postponement of an Experience.
The Partner undertakes to use its best efforts to ensure that the Experience runs smoothly.
In particular, the Company strongly invites the Partner to request any information on the Influencers' state of health, any food or dermatological allergies, as well as any other information relevant and/or necessary to the realization of the Experience, prior to any realization of the Experience.
As the Application is only a Service for direct contact between Partners of the
well-being and Influencers, the Company declines all responsibility for the quality or full
and complete satisfaction of the Experiences, products and treatments that may be provided by the
Partner, which are the sole responsibility of the latter.
In addition, the Partner undertakes to comply with all legislative and regulatory provisions applicable to the Experience it offers to the Influencer, as well as all rights to which the Influencer may legitimately claim, and in particular but without limitation, the provisions of article L.221-18 of the French Consumer Code, if applicable, subject to the Influencer's qualification as a "consumer" within the meaning of the introductory article of the same Code.
The Influencer is solely responsible for the content of the Posts and Stories. In the event that a Post and/or Stories are found to be contrary to the law, to public order and morality, or not to have the content desired by the Partner, the Partner is invited to contact the Influencer directly.
In any event, if the Partner considers Stories and/or Posts to be prejudicial to it, it may notify the Company at the following address: email@example.com. As the Company is in no way the publisher of the content of the Posts and/or Stories, it does not guarantee the Partner the deletion or modification of the content of the disputed Posts or Stories published by the Influencer.
Furthermore, the Company declines all liability for any direct or indirect damage suffered as a result of a Follower's subsequent Experience.
ARTICLE 14 INTELLECTUAL PROPERTY
The Company's intellectual property rights
The Company is the sole owner of all intellectual property rights and/or has all necessary rights relating to the Offers, Services, Application and/or Platform and their content (including but not limited to trademarks, images, logos, illustrations, photos, texts).
It is expressly forbidden for the Partner, without the prior written consent of the Company, to copy, modify, improve, edit, translate, decompile, create a derivative work, reverse engineer or in any other way attempt to find the source code, sell, assign, sub-license or transfer in any way whatsoever all or part of the Application and/or the Platform. The Partner is not authorized to access the Services by any means other than through the Account on the Platform which is provided by the Company for this purpose.
Any reproduction, representation or use of any kind whatsoever and for any purpose whatsoever of all or part of the content of the Application, the Platform and/or the Services in general, including but not limited to trademarks, images, logos, illustrations, photos and text, without the prior written authorization of the Company, constitutes an act of counterfeiting and is punishable under criminal and civil law, in addition to constituting a breach of the Company's obligations under the GCU.
Partner's intellectual property rights
The Partner hereby expressly consents to authorize the Company to reproduce the information, trademarks, images, logos, illustrations, photos, texts of the Partner, its establishment, its Experiences, products and treatments, maps, rates, on the Application, in order to promote and communicate on the Experiences it offers.
It is understood that this right of reproduction on the Application and/or Platform does not imply any transfer of intellectual property rights from the Partner, who remains the sole owner of its corresponding intellectual and industrial property rights.
The Partner guarantees the Company against any action for infringement of intellectual and industrial property rights, reproduction of information, brands, images, logos, illustrations, photos, texts, this reproduction being only the means to promote and communicate its Experiences.
ARTICLE 15 LIABILITY
The Company expressly declines all liability in the event of damage of any nature whatsoever, including physical or moral, direct or indirect, which may be suffered during an Experience. As the Platform only offers a service for putting Influencers and Partners in contact, it does not intervene at any time in the realization of the Experience itself.
In addition, the Company reminds the Partner that experiences relating to well-being, care or aesthetics exclude any qualification of a medical, therapeutic or sporting nature. Any medical act within the meaning of the French Public Health Code may only be performed by a duly qualified doctor registered with the appropriate professional association. The Partner undertakes never to imply to the Influencer that he or she has the skills and qualifications to perform a medical or therapeutic act.
The Parties expressly agree that, in the event that the Company's liability is incurred as a result of a failure to comply with its obligations, whether on a contractual or extra-contractual basis or for any other reason, its liability will be limited to the direct damages suffered by the Partner, up to the total amount of the sums paid by the Partner in respect of the completion of this Offer by the Company. Any appraisal costs will be borne equally by the Company and the Partner.
ARTICLE 16 MINOR INFLUENCER
Influencers who are minors access the Services under the control of their parental authority or guardian.
The Partner undertakes to obtain the consent of the minor Influencer's legal guardian before carrying out the said Experience.
ARTICLE 17 HYPERTEXT LINKS
The Company declines all responsibility for any data collected and processed on the sites of Partners or any third party, which is your sole responsibility.
ARTICLE 18 LOSS OF SALES / LOSS OF PROFIT
The Company will use its best efforts to ensure the completion of the number of Experiences, Stories and/or Posts according to the number of Influencers indicated in the subscription details. However, as the Company is only a Platform and a Matchmaking Application, this obligation is an obligation of means. It is also understood that the number of Influencers carrying out Experiences may be "smoothed" for the overall duration of the subscription, so that the number of Influencers carrying out Experiences must be deducted over the overall duration of the subscription. The Company cannot commit to a specific number of Experiences, Posts and/or Stories over a specific period of time.
The Company does not guarantee that Influencers will actually book Experiences.
Direct or indirect damage suffered by the Partner, such as but not limited to loss of sales, operating loss, loss of clientele, loss of bookings, loss of earnings, damage to brand image, loss of data and/or files, is expressly excluded from any claim for compensation, as is any direct or indirect damage of any nature whatsoever resulting from the completion of an Experience.
ARTICLE 19 PARTNER'S WARRANTIES IN RESPECT OF THE COMPANY
As the Company is not involved in the commercial operations carried out by the Partner, it is expressly agreed that the Company shall in no way be liable to third parties, consumers or Influencers or Followers.
To this end, the Influencer must be informed of his or her identity when booking Experiences with the Partner, and the latter must take all measures to ensure that no confusion is possible with the Company and that the Influencer cannot in any way believe that he or she is dealing with the Company in place of the Partner.
Consequently, the Partner guarantees the Company against any recourse to which the Company may be subject as a result of an Experience proposed by the Partner. The Partner undertakes to indemnify the Company against all financial consequences resulting from any claim or proceedings brought by an Influencer or a third party, and to pay to third parties any judgments and/or compensation of any nature whatsoever for which the Company is liable, in respect of the products and services provided by the Partner, and in respect of any liability of the Partner in tort or contract for its own obligations, as well as all costs (including those under Article 700 of the French Code of Civil Procedure (CPC) or the equivalent in appeal or cassation proceedings) and fees incurred by the Company in its defense in this respect.
The Partner undertakes to provide the Company, at the latter's request, with all documents required for the proper performance of its obligations hereunder.
Finally, by subscribing to this Offer, the Partner undertakes not to attempt to contact directly or indirectly one or more Influencers, connected by the Company outside the Platform and/or the Application for any reason whatsoever, without the prior and express agreement of TLI.
ARTICLE 20 PERSONAL DATA COLLECTED BY THE PARTNER
As soon as the Influencer books an Experience, the Partner collects Personal Data concerning him/her.
The Company has no control over the Data that the Partner collects and/or communicates when using its own services. The Partner remains solely responsible for such Data. The Company may therefore under no circumstances be held liable for the processing of such Data, in particular for the illegal or illicit nature of its collection, processing or inaccuracy. In this respect, the Partner guarantees in particular to the Company:
The Partner is solely responsible for the content and Experiences it makes available to the public and to its own customers via the Services, in particular via the Platform and/or its website, and the Company may under no circumstances be considered the author and/or publisher of this content. The Partner declares and warrants that it is the exclusive owner of all intellectual property rights attached to the content and/or holds all necessary rights enabling it to make the content available to the Company within the framework of these GCU.
Consequently, the Partner indemnifies the Company against any claims or actions by third parties and their direct or indirect consequences, to which the Company may be subject, relating to the Influencers' Data, its content and the use of the Services by the Partner and/or its customers.
All Influencer Data processed as part of the Experience outside of the Platform and/or the Application remains the responsibility of the Partner. The Partner is responsible for processing the Personal Data provided by the Influencers as part of the Experience. In its capacity as data controller, the Partner undertakes to comply with all applicable regulations relating to Personal Data and, in particular, with the provisions of the amended French Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016 by allowing Influencers to exercise at any time, in particular, their rights of access, rectification, limitation, deletion of opposition and portability of the Data concerning them. In this respect, the Partner guarantees the Company against any recourse, without prejudice to any damages and interest to which the Company may be entitled as a result of the failure to comply with its undertakings referred to above.
ARTICLE 21 COOKIES