Effective as of 25/03/2016
The purpose of these special terms and conditions is to define the conditions for signing up for and using the Wemap Business Services (« Wemap Business Services Special Terms and Conditions ») intended for Business Users.
They supplement and include by reference the Wemap General Terms and Conditions of Use that are also applicable to Business Users.
If the provisions of these Special Terms and Conditions conflict with the General Terms and Conditions, the former shall control.
Wemap Business Services (or Wemap Pro Services): means the category of Wemap Services that includes access to the Wemap Pro Technology and/or containing services and advanced features intended for use by Business Users for the sole requirements of their business, and particular for advertising and/or promotion of their business, products and/or services.
Wemap Pro Technology: means the category of Applications reserved for Business Users and includes in particular access to the Wemap platform for the creation and management of Maps, the provision of java code script snippets for the Maps for the purpose of displaying the Maps on web and/or mobile pages including the matching snippet.
2. Wemap Business Services
2.1. Wemap Business Services Description. Wemap Business Services enable Business Users to (i) integrate their User Content and advertising on a Map while retaining the identity of their brand and (ii) integrate Maps personalized by them on their web and/or mobile sites.
2.2. Access to Wemap Business Services.. The Wemap Business Services are fee-based services intended solely for Business Users. They require the creation of a separate account for Wemap Pro Services. To that end, the individual who acts in the name and on behalf of a legal entity, association or organization must have all the necessary authorizations to sign up for Wemap Business Services and binds said legal entity, association or organization.
3. Wemap Pro Technology License
3.1. License. Subject to payment of the related fee and compliance with the contractual terms, Wemap grants the Business User a non-assignable, non-exclusive right (without the right to grant subleases or sublicenses) to access the Wemap platform and use the Wemap Pro Technology (including all the updates, improvements or modifications that Wemap may provide at its discretion) for the purpose of (i) creating and managing Maps, (ii) integrating said Maps on its web or mobile pages and (iii) viewing statistical analyses and tracking usage. This license is granted for the term specified in these Special Terms and Conditions and for the entire world.
3.2. Restrictions. Any and all use of the Wemap Business Services and the Wemap Pro Technology that is not authorized expressly by the contractual provisions (General Terms and Conditions or Special Terms and Conditions) is prohibited.
Wemap provides Business Users with technical support, the terms and conditions of which may be viewed at the following address: ici.
Technical support is not intended to make up for the lack of training of the Users.
5. Financial terms.
Wemap Business Services and the Wemap Pro Technology are fee-based services. The fees may be viewed at the following address: ici.
The setup, settings, training and/or consulting services related to the Wemap Business Services and the Wemap Pro Technology are not included in the fee and are not governed by these Special Terms and Conditions. These services must be covered by a separate contract by and between the User and Wemap and will be billed by Wemap at the rates then in force. To find out more about such additional services or to sign up for them, please contact the sales office at the following address cette adresse.
6. Contract term, renewal and termination
Unless terminated early as provided elsewhere in the contract, the Wemap Business Services are subscribed to for an initial term of twelve (12) months renewable automatically unless terminated by either party by certified mail return receipt requested at least three (3) months prior to the anniversary date.
7. Business User Obligations
The Business User acknowledges that he/she/it has verified that the Wemap Business Services and the Wemap Pro Technology, which are standard products, are suitable for its requirements prior to signing up for the Wemap Business Services. The Business User agrees to use the features and tools of the Wemap Business Services and the Wemap Pro Technology only in accordance with the (i) technical prerequisites and instructions provided by Wemap, (ii) the contract provisions and (ii) the statutes and regulations in force. The Business User represents that he/she/it is acting completely independently and as a result assumes all the risks arising from his/her/its business and the use of the Wemap Business Services and the Wemap Pro Technology. In particular, the Business User is entirely and solely liable for the advertisements and other partnerships that he/she/it decides to integrate in its Maps using the Wemap Business Services and the relationships with his/her/its partners (advertisers, partners, etc.). The Business User agrees to hold Wemap harmless for any third- party claim, action or lawsuit against Wemap.
Unless otherwise mentioned expressly in the contract, the Wemap Business Services and the Wemap Pro Technology are provided "as is." To the extent allowed by applicable law, Wemap makes no warranties (and hereby excludes all warranties), including all warranties regarding market value, ownership, infringement or fitness for a particular purpose, the correct or incorrect use or inability to use the Wemap Business Services and the Wemap Pro Technology (in part or in whole) or all other products or services provided to the User by Wemap or otherwise under the contract. Without limitation of the preceding, Wemap makes no warranty that the Wemap Business Services and the Wemap Pro Technology operate continuously or are free of any bugs and/or errors or that all bugs and/or errors are systematically fixed.
Under no circumstance shall Wemap be held liable for curing any and all direct or consequential damages including damages or expenses resulting from a loss of earnings, revenues, data, clients with respect to or resulting from or related to the correct or incorrect use or the inability to use the Wemap Business Services and/or the Wemap Pro Technology even if the party that is liable has been informed of the occurrence of such damages.
These Terms and Conditions and the license and rights granted hereunder may not be transferred or assigned by the Business User without Wemap's prior express consent.