The object of these general terms and conditions (hereinafter the “General Conditions”) is to regulate relations between the Luxembourg public limited company SEEZAM S.A. (hereinafter “SeeZam”) and users of the website principally accessible at www.seezam.com (hereinafter the “Website”). Before using the Website, the User must carefully read and accept these General Conditions.
The Website is provided by the Luxembourg public limited company SEEZAM S.A., registered in the Luxembourg Trade and Companies Register under number B 145.302.
Parc d’Activités Capellen 83
SeeZam shall make the Website available to users of the Website, who undertake to comply with the General Conditions.
These General Conditions may be amended at any time, subject to prior notification to Users by SeeZam at least 30 days before the new General Conditions come into force. These amendments shall take effect upon publication on the Website.
The Website that has been set up offers an online safe service in the form of a secure web portal which enables users to record sensitive and secret information that they want to be able to retrieve. In an emergency or in the event of death, the Website offers the possibility for certain information to be shared with and divulged to trusted persons.
The use of the Website is governed by the version of the General Conditions available on the Website at the time of use or registration. Furthermore, the services offered by SeeZam are reserved exclusively for competent persons aged 18 or over, or persons under the age of 18 with parental authorisation to enter into a contract.
These General Conditions shall cease on termination of the relationship with SeeZam. However, the clauses related to intellectual property shall continue to apply on termination of the relationship.
In these General Conditions, certain terms shall be defined as follows:
Member(s): user(s) of the Website who have a valid and active account on the Website.
Safe service(s): the secure online safe service(s) accessible via the Website which enable Members to record sensitive and secret information that they want to be able to retrieve or, depending on their subscription level, share with persons selected by the Members who own the information.
User(s): person using the internet who visits the Website and uses these functionalities.
Tools: the software programs provided by SeeZam to its Members and Users in order to facilitate their use of and interaction with the Website.
2.DESCRIPTION OF THE SERVICE
The Safe Service consists of various categories of online safes corresponding to different categories of information, each with specific access rights.
Registration to the SeeZam website is free of charge and allows use of the first category of safe, where saved information is public. This is information that is intended to be shared with the most people.
Access rights are not required to view information in this category. On the contrary, some of this information may be communicated to other persons, by email for example. It is therefore possible to invite other persons to view the information.
Users may register free of charge to the website on fulfilment of the various registration conditions to benefit from this service; they will then have the status of Member.
Only persons who have duly completed SeeZam’s online registration form and have unreservedly accepted these General Conditions may become Members of the Website.
Access to all the Services offered by SeeZam is subject to registration, which takes effect upon due completion of the online registration form and express acceptance of these General Conditions.
All registration forms must be properly completed. The information provided must be complete and accurate. Any change to the information given by the Member at the time of registration must be immediately updated on the registration form. Generally, SeeZam reserves the right to refuse registration for its Services without having to provide a reason for such refusal.
At the time of registration to the Website or registration for the Website’s paid Services, the Member shall create a personal password. This password and user name (a unique identifier) shall be needed each time a person accesses the Website as a Member. The Member undertakes, under his/her sole responsibility, to keep the user name and password confidential and never communicate them to third parties.
Consequently, all use of the Services solely accessible by means of such user name and password shall be deemed to be made by the Member to whom they belong.
The Member undertakes not to:
– Choose or use the user name and password of another person with the intention of usurping the identity of that person or for any other reason;
– Use a pseudonym or an address that could damage the interest of third parties in any way whatsoever and for any reason whatsoever without authorisation from SeeZam;
– Use the email address in violation of the intellectual property rights of another Member; or
– Use a user name or password considered offensive by SeeZam.
In the event of loss, theft, or fraudulent use of the Member’s password, or if the Member has good reason to believe that his/her password has been used by a third party, the Member undertakes to inform SeeZam thereof immediately. If the Member forgets his/her password, he/she must inform SeeZam.
A password recovery procedure is offered to the Member independently of any intervention by SeeZam. This procedure consists in the Member designating (two or more) contacts to help recover the password. If this designation is not carried out, it is not possible to recover the password, thereby ensuring the greatest possible degree of confidentiality with respect to the Member’s Data.
Minors aged between 14 and 18 may only register to the Website and use the Safe Services after receiving express authorisation from their parents or guardian(s). Parents or guardians are responsible for the actions of their child(ren) and must therefore supervise the use made of the Services by their child(ren) and determine whether or not the Services are appropriate for their child(ren).
Minors under 14 years of age on the date of registration may not register to the Website.
If in spite of this, SeeZam discovers that it is receiving information from a child aged under 14, SeeZam shall proceed to terminate the Member’s subscription.
In order to unsubscribe from newsletters, the Member must send an email with the subject line “unsubscribe” to the address provided by SeeZam for this purpose.
Members may unsubscribe from the Website and Services at any time by following the unsubscribe procedure provided on the Website for this purpose.
SeeZam shall unsubscribe the Member within 2 working days following the request to unsubscribe as a Member.
The Member’s attention is particularly drawn to the fact that in the event that he/she unsubscribes, all the data stored in his/her personal area shall be lost, including notes, photos, videos, memos, addresses and other information, etc. Such information shall be permanently lost and cannot be retrieved.
A Member who has unsubscribed may resubscribe at a later date. Nevertheless, even in the case of resubscription, the Member cannot retrieve the information previously shown in his/her personal area.
The Member must therefore save any information he/she does not wish to lose prior to unsubscribing.
SeeZam may terminate a Member’s subscription at any time in the event of a serious breach of the General Conditions. The Member cannot claim any compensation following termination of his/her subscription, particularly for damages caused by the loss of data.
5.USE OF THE TOOLS
In order to facilitate the use of the Services, various publishing and interaction Tools shall be provided to Members by SeeZam. The Members undertake to respect certain technical constraints in the use of these Tools.
Consequently, information and instructions regarding the technical constraints to be respected shall be supplied and regularly updated in the sections of the Website entitled “Help” or “FAQ”.
The publishing and interaction Tools and the technical instructions shall be provided “as is”. SeeZam cannot be held liable in respect of the supply of these instructions or the Tools it provides.
6.LIMITATION OF LIABILITY
As the Website is an Information Society service within the meaning of Directive 98/48/EC, any access thereto includes risks that every Member accepts in advance. SeeZam cannot be held liable for damage of any kind incurred during or after navigation on the Website.
SeeZam makes no commitment regarding the performance of or changes in the Services which may take place due to, in particular, the quality of the Internet network and/or technical configurations.
Within the limits set by the applicable laws and regulations, SeeZam provides no express or implicit guarantee, especially with regard to the quality and compatibility of the Services. SeeZam shall nevertheless make every effort to maintain the Services in an operational state.
SeeZam shall have a passive role which shall be limited to the provision of Tools on the Website, with the exception of marketing, promotional and presentation messages for SeeZam and its Services.
SeeZam accepts a best efforts obligation with respect to the execution of its Services. Consequently, it cannot be held liable for malfunctions of its Tools solely due to their existence. The Member expressly recognises the technical impossibility faced by the provider in terms of guaranteeing continuous functionality of the Tools and total exclusion of errors.
SeeZam’s Services are intended for individuals, for personal and not professional use. SeeZam may only be held liable in the event of serious misconduct or proven negligence in the execution of its obligations and such liability shall be expressly limited to direct damage, to the exclusion of all indirect damage of any kind whatsoever, in particular operating losses, customer losses and brand reputation losses.
Except in the event of serious misconduct or proven negligence, SeeZam cannot be held liable for losses of data or files, the transmission of corrupt or illegible files, or any other damage occasioned by the transmission of data by or via SeeZam’s servers.
These General Conditions do not under any circumstances exclude compensation for physical injury caused by negligence or misconduct on the part of SeeZam.
All the rights relating to the Website, the SeeZam concept and its paid and/or free services, the Tools, content not belonging to the Members, their original and innovative nature, in particular intellectual property rights on the text, literary, graphic (including photographic) and audiovisual creations, IT developments, HTML developments or other works of art and of the mind, and generally all creations that may be protected by intellectual property rights such as images, logos, formats, graphic charter, structure, ergonomics, colour codes, typographies, fonts, basic graphic elements, the graphic arrangement of screens, page layouts, page backgrounds and, more generally, the Website’s visual identity, sound elements or brands, belong exclusively to SeeZam without limitation.
The Website, all its components, including design and interaction tools, and the Services are protected by intellectual property laws, in particular the law of 18 April 2001 on copyright, neighbouring rights and databases, and the Benelux Convention on intellectual property.
All Members agree to guarantee and indemnify SeeZam, its representatives, employees, partners and/or all third parties against any damages, complaints or demands emanating from third parties following the use of the Safe Services, and in particular regarding the sending, distribution or transmission of content by the Member by means of the Safe Services. This guarantee shall cover any compensation that may be payable as well as lawyers’ and legal fees within reasonable limits.
Unless authorisation is expressly given, SeeZam shall not allow the Website to be integrated in any way, in whole or in part, into another website.
SeeZam does not systematically check the content of hyperlinks provided on the Website or found via its search engine. Therefore it cannot be liable for the content presented on other websites arrived at via these links.
10.1.DATA RELATIVE TO THE USE OF SEEZAM SERVICES
Personal data communicated on the Website (the “Data”) shall be processed in accordance with the law of 2 August 2002 on the protection of persons in respect of the processing of personal data, as amended.
These Data, including surnames, first names, postal addresses, email addresses and other data such as country and place of residence, or any other information indicated on the form provided for this purpose, shall be transmitted by the Member to SeeZam at the time of registration and subscription to the paid Services. The Member shall be able to determine the public or confidential nature of certain Data that he/she has personally elected to provide to complete his/her profile. Members’ bank details transmitted in the course of subscription to the paid Services shall not be communicated or held by SeeZam; they shall merely be communicated to the organisation in charge of the online payment process on SeeZam’s behalf, and this organisation shall have all the required authorisations and meet the most recent security rules in this regard.
The Data shall only be processed for the purposes of enabling optimal use of the Services provided by SeeZam. They shall not be used for other purposes.
SeeZam shall inform Members prior to the use of Data for marketing purposes. Each Member shall therefore have the right to object to such usage by contacting SeeZam at the email or postal address given above.
In the course of its activity, SeeZam may have to communicate unencrypted Data solely to parties to which SeeZam subcontracts certain tasks related to the Website’s operation.
SeeZam may also be obliged to disclose content in order to comply with prevailing legislation or if, in good faith, SeeZam deems such a measure to be necessary, in particular in the context of legal proceedings, in order to comply with these General Conditions, answer disputes and/or claims regarding the violation of the rights of third parties, or protect the rights or interests of SeeZam, its Members or the public, without this list being exhaustive.
SeeZam shall take every precautionary measure in order to safeguard the security of the Data. However, risks related to the use of the Internet cannot be ruled out. Thus, when Data are communicated, other Internet users could potentially view the Data.
Pursuant to the law, SeeZam reserves the right to access, amend or object to (for valid legal reason) the processing of the Data. To assert these rights, every Member may contact SeeZam using the Website’s profile space to amend or erase the Data.
10.2.DATA PLACED BY THE USER IN HIS/HER ONLINE SAFE
SeeZam has opted for the highest security rules, the application of a level of security that guarantees personal secrecy and encryption that ensures total confidentiality of the private or secret data of a Member who has subscribed to a Premium account.
SeeZam shall not be in a position to disclose data that the Member has entrusted to it and which is encrypted and placed in a Safe.
The titles of articles are purely indicative and do not in any way prejudge the content of the article.
SeeZam may assign or partially or totally transfer the benefit of these General Conditions to a third party.
If any part whatsoever of the General Conditions should prove to be illegal, invalid or inapplicable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and scope and continue to be applicable.
Furthermore, in the event that SeeZam decides not to invoke any particular provision of these General Conditions, this shall not imply renunciation on its part of the benefit of that provision.
All communications between SeeZam and a Member shall be conducted electronically. Therefore SeeZam only communicates with Members by email or by placing certain information online on the Website. In their relationship with SeeZam, Members therefore agree to receive electronic communications from SeeZam and accept that all communications necessary in the context of their relationship with SeeZam shall be conducted by email and take the place of any communications by post.
12.APPLICABLE LAW AND COMPETENT JURISDICTION
Any dispute related to the use of the Website or Services shall, within the limits set by law, be subject to Luxembourg law and, within the limits permitted by European legislation regarding consumer protection, come under the exclusive jurisdiction of the courts of Luxembourg-Ville.