Applicable from 03/25/2016 - Last updated: 09/10/2023
Share capital of Wemap: €37,400.30.
VAT number: FR01 793 369 075.
Name of publication director: Mr. Emmanuel MOUREN.
Host: Amazon Web Services, Inc. PO Box 81226 Seattle, WA 98108-1226. Tel: (206) 266-4064
The purpose of these special conditions is to define the conditions of subscription and use ofthe Wemap Professional Services (“Special Conditions of Wemap Professional Services”) intended for Professionals.
They supplement and incorporate by reference the General Conditions of Use of Wemap Serviceswhich are also applicable to Professionals.
In the event of a contradiction with the General Conditions, the provisions of these SpecificConditions shall prevail over the provisions of the General Conditions with which they are in contradiction.
1. Definitions
Wemap Professional Services (or Wemap Pro Services): means the category of Wemap Servicesincluding access to Wemap Pro Technology and/or containing advanced services, applications and functionalities intended for use byProfessionals for the sole needs of their activity, and in particular for the purposes of advertising and/or promoting their activities,products and/or services.
Wemap Pro Technology: Refers to the category of Applications reserved for Professionals andincluding in particular access to the Wemap platform for the creation and management of Maps, the provision of snippets of java script codescorresponding to the Maps for the purpose of displaying Maps on web and/or mobile pages integrating the corresponding snippet.
2. Wemap Professional Services
2.1. Description of the Wemap Professional Services.
3. License on Wemap Pro Technology
3.1. License. Subject to payment of the relevantprice and compliance with the contractual terms, Wemap grants the Professional a non-exclusive and non-transferable right (without the right togrant sub-leases or sub-licenses) to access the Wemap platform and use the Wemap Pro Technology (including all updates, improvements ormodifications that Wemap may provide at its discretion) for the purposes of (i) creating and managing Maps, (ii) integrating said Maps on itsweb or mobile pages and (iii) consulting statistical analyses and monitoring usage. This license is granted for the duration specified in theseSpecial Conditions and for the entire world.
3.2. Restrictions. Any use of the Wemap ProfessionalServices and Wemap Pro Technology not expressly authorized by the contractual provisions (General Conditions or Special Conditions) isprohibited.
4. Support
Wemap provides Professionals with support assistance, the terms of which are specified here. Support cannot in any casemake up for the lack of training of Users.
5. Financial conditions
Wemap Professional Services and Wemap Pro Technology are paid services.
The services of setting up, configuration, training and/or consulting concerning WemapProfessional Services and Wemap Pro Technology are not included in the prices and are not covered by these Special Conditions. These servicesmust be the subject of a separate contract between the User and Wemap and are subject to invoicing by Wemap according to the rates then inforce. If you wish to know and/or subscribe to the additional services offered by Wemap, please contact the sales department at this address.
6. Duration, renewal and termination of the contract
Unless early termination is otherwise provided for in the contract, the Wemap ProfessionalServices are subscribed for an initial period of twelve (12) months, tacitly renewable unless terminated by either party by registered letterwith acknowledgment of receipt at least three (3) months before the anniversary date.
7. Obligations of the Professional
The Professional acknowledges that he has verified that the Wemap Professional Services andWemap Pro Technology, which are standard products, are suitable for his needs before subscribing to the Wemap Professional Services.
The Professional undertakes to use the functionalities and tools of the Wemap Pro Services andWemap Pro Technology only in accordance with (i) the technical prerequisites and instructions provided by Wemap (ii) the provisions of thecontract and (iii) the laws and regulations in force.
The Professional declares that he acts entirely independently and consequently assumes all risksarising from his activity and the use of the Wemap Professional Services and the Wemap Pro Technology. In particular, the Professional isentirely and solely responsible for the advertisements and other partnerships that he decides, where applicable, to integrate on his Maps viathe Wemap Pro Services and for relations with his partners (advertisers, partners, etc.). In this regard, he guarantees Wemap against anyclaim, action or recourse by these third parties against Wemap.
8. Information
By using the Wemap Pro Services and Technology, the Professional agrees that Wemap may collectand use information about him or her or its users in accordance with the Wemap Privacy Policy. In particular, Wemap may use automated methodsto analyze the web, mobile and/or service pages where the features of the Wemap Services have been integrated.
9. Warranty
Unless expressly stated otherwise in the Agreement, the Wemap Professional Services and theWemap Pro Technology are provided “as is” and, to the extent permitted by applicable law, Wemap makes no (and hereby excludes all)warranties, including any warranties of merchantability, title, infringement or fitness for a particular purpose, with respect to the properuse or misuse of or inability to use the Wemap Professional Services and the Wemap Pro Technology (in whole or in part) or any other productsor services provided to the User by Wemap or otherwise under the Agreement. Without limiting the foregoing, Wemap does not warrant that theWemap Professional Services and the Wemap Pro Technology will operate uninterrupted or be free from anomalies and/or errors, or that anyanomalies and/or errors will be systematically corrected.
10. Liability
Under no circumstances will Wemap be liable for any damages, direct or indirect, includingdamages or costs due to loss of profits, turnover, data, customers with regard to or resulting from or related to the correct or improper useor the inability to use the Wemap Pro Services and/or the Wemap Pro Technology even if the responsible party has been informed of thepossibility of such damages occurring.
11. Assignment
These Terms and the license and rights granted hereunder may not be transferred or assigned by the Professional without the express prior consent of Wemap.