Terms and conditions of sale and use

These terms and conditions set out how KIAMAZULU Conseils makes the Votanza service available to its users and, where applicable, sells them a paid subscription.

Together with the order summary, they constitute the entire agreement between the parties and prevail over any other document, in particular over a business user's own purchasing terms.

They are available on the website at all times and may be saved or printed by the user.

"Publisher": KIAMAZULU Conseils, whose details appear in the legal notice.

"Service": the Votanza application available at votanza.com and its features — date polls, contribution lists, meetings, booking pages, events and contact book.

"User": any person who accesses the service, whether or not they hold an account.

"Organiser": the user who creates a poll, a list, an event or a booking page.

"Participant": the person invited to answer, register or book.

"Consumer": any natural person acting for purposes outside their commercial, industrial, craft, professional or agricultural activity.

"Subscription": the paid plan taken out by the user, from those presented on the pricing page.

Creating an account, using the service or taking out a subscription entails full and unreserved acceptance of these terms.

A user who does not accept these terms must refrain from using the service.

Votanza is a tool for organising meetings and collections: proposing time slots and gathering availability, sharing contributions within a group, publishing a booking page, managing registrations for an event and keeping a contact book.

A free plan gives access to a core set of features with no time limit. Paid plans lift its limits and unlock additional features, detailed on the pricing page.

Some journeys are available without an account, for organisers and participants alike. The service is then provided on the same terms, later management resting on an administration link sent by message.

The publisher may change the features of the service. No change may remove a substantial feature from a current subscription without the user being informed and able to terminate free of charge.

The user warrants the accuracy of the information they provide and undertakes to keep it up to date.

Credentials are personal and confidential. The user is responsible for any use made from their account and must inform the publisher without delay of any unauthorised use.

An account is for one person. Sharing a single account between several people is not permitted, except under a plan that expressly provides for several users.

The user undertakes not to publish unlawful, defamatory, abusive or hateful content, or content that infringes privacy or the rights of third parties.

They undertake not to use the service to send unsolicited messages, nor to collect addresses for marketing purposes without a legal basis.

They must not attempt unauthorised access, mass data extraction, circumvention of technical limits or disruption of the service.

An organiser who invites participants is responsible for the legal basis of that invitation and for informing the individuals concerned.

Subscription prices are shown on the pricing page. They are expressed in euros and displayed excluding tax; the applicable value added tax is calculated and added at payment, based on the buyer's country and, for a business buyer established in the European Union, on their EU VAT number.

The applicable price is the one in force on the day of subscription.

The publisher may change its prices. A change applies to a current subscription only from its renewal, and after informing the user at least thirty days in advance. A user who refuses the change may terminate before it takes effect.

Subscription takes place online. Before confirming, the user is shown a summary stating the plan chosen, the billing period and the amount payable; confirmation constitutes an order with an obligation to pay.

Payment is made by bank card through Stripe Payments Europe, Ltd. Card details are entered directly on the provider's pages and are neither processed nor stored by the publisher.

An invoice is made available in the user's billing area.

In the event of non-payment on the due date, access to paid features may be suspended after informing the user and allowing a reasonable time to put matters right.

The subscription is taken out for the chosen period, monthly or annual, and renews automatically at each due date for an identical term unless terminated.

Under Article L.215-1 of the French Consumer Code, the consumer is informed in writing, no earlier than three months and no later than one month before the due date, of the option not to renew their subscription. If they were not informed within that period, they may end the renewal free of charge at any time from the renewal date.

Sums paid in advance after the last renewal date are refunded to them, less the amounts corresponding to performance of the contract up to termination.

The user may terminate their subscription at any time, without giving reasons and without charge, from the "Billing" section of their account.

Under Article L.215-1-1 of the French Consumer Code, this feature is free, permanently available and directly accessible: it allows the whole termination process to be completed online, with no need to write or telephone.

Termination takes effect at the end of the period already paid for. The user keeps access to paid features until that date, after which their account moves to the free plan; their content is not deleted as a result of termination.

A dated acknowledgement of the termination is sent to them on a durable medium.

The publisher uses reasonable means to keep the service accessible, without guaranteeing uninterrupted availability.

It may suspend access for maintenance. Where an interruption is planned and significant, it informs users in advance and endeavours to schedule it at quieter times.

The service depends on networks and third-party providers whose failures are beyond the publisher's control.

In the event of a serious breach of these terms, in particular Article 6, the publisher may suspend access to the account after a formal notice that has remained without effect for fifteen days, save in an emergency involving security or the protection of third parties.

In the event of a persistent breach, it may terminate the account. Termination is notified in writing with reasons. Sums corresponding to an unperformed period are refunded, except where the breach is culpable.

Before any permanent deletion of their content, the user has thirty days in which to export it.

The publisher supplies an organising tool. It is not a party to the relationship between an organiser and their participants, nor to the services a professional offers from their booking page, and it does not collect the price of those services.

The publisher is liable for direct damage resulting from a breach of its obligations. It is not liable for indirect damage such as loss of business, loss of opportunity or damage to reputation.

Towards a business user, the publisher's liability is capped at the amount of subscription fees paid during the twelve months preceding the triggering event. This limitation applies neither to consumers, nor in cases of gross negligence or wilful misconduct, nor in cases of personal injury.

The user is solely responsible for the content they publish and indemnifies the publisher against any third-party claim arising from it.

The publisher grants the user a personal, non-exclusive and non-transferable right to use the service for the term of the contract, for their own needs.

The user retains ownership of the content they publish and grants the publisher, solely for the purposes of the service, the right to host, reproduce and display it.

Any reproduction of the software, substantial extraction from the databases or reuse of the service's visual identity is prohibited.

The processing of personal data is described in the privacy policy, which forms an integral part of these terms.

Where the publisher acts as the organiser's processor within the meaning of Article 28 GDPR, it processes the data only on that organiser's instructions, secures it, engages a further processor only on the conditions set out in the privacy policy, and deletes or returns the data at the end of the contract.

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code.

If the impediment is permanent, the contract is rescinded by operation of law and sums corresponding to the unperformed period are refunded.

The publisher may amend these terms, in particular to reflect a change in the service or in the law.

Any substantial change is brought to the user's attention at least thirty days before it takes effect. A user who refuses the change may terminate free of charge before that date.

Continuing to use the service after it takes effect constitutes acceptance.

Any complaint must first be sent to contact@votanza.com. The publisher undertakes to reply within a reasonable time.

Failing an amicable solution, the consumer may use a consumer mediator free of charge, within one year of their written complaint (Articles L.612-1 et seq. of the French Consumer Code).

Recourse to mediation is optional and does not prevent legal proceedings.

These terms are governed by French law.

They are drawn up in French. The versions published in the other languages of the website are translations provided to allow a better understanding of the legal terms and terms of use; they have no autonomous contractual force.

In the event of any divergence between versions, the French version prevails, including for the interpretation of the clauses.

This precedence does not override Article L.211-1 of the French Consumer Code: clauses offered to a consumer are, in case of doubt, interpreted in the sense most favourable to them.

Consumers retain the benefit of the mandatory provisions of the law of their country of habitual residence within the European Union.

Failing an amicable resolution, any dispute falls to the courts having jurisdiction under the ordinary rules of law. For business users, jurisdiction is conferred on the courts in whose district the publisher's registered office is located.