We are Taqt
. ("Taqt", "our" or "we"). If you
are interested in working with us, thank you very much for your interest!
Taqt has designed and developed hardware solutions, the latest version of which is a connected terminal enabling any professional to provide facility management services in a simple and effective manner (hereinafter the « Taqt Solution(s)
»). The Taqt Solutions are connected to a SaaS platform that allows the management of data and information collected and analysed through the Taqt Solutions (hereinafter the « Platform
The purpose of these general terms and conditions (hereinafter the « General Terms and Conditions
») is to determine the terms and conditions under which Taqt sells a Taqt Solution to any professional who requests it (hereinafter the « Customers
») and grants them a licence to use the Platform, as well as the associated services (hereinafter the « Services
Taqt and the Customers are hereinafter referred to - together or individually - as the « Parties
» or a « Party
The General Conditions express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer or other written or oral document having the same object, with the exception of the signed quotation which forms an integral part thereof.
They may be supplemented, if necessary, by specific conditions of use, which supplement these General Conditions and, in the event of contradiction, prevail over them.
2. Service Operator
The Services are operated by Agora Opinion, a simplified joint stock company, registered in the Lyon Trade and Companies Register under number 534 232 558, whose registered office is located at Le Britannia - Allée C étage 7 - 20 bd Eugène Deruelle – 69432 Lyon Cédex - France (hereinafter « Taqt
Taqt can be contacted at the following address:
E-mail address: email@example.com
Telephone number: (+33) 1 80 91 98 67
3. Access to Services
The Services are accessible:
- Any natural person with full legal capacity to enter into commitments under the General Conditions. A natural person who does not have full legal capacity may only access the Services with the agreement of his/her legal representative.
- Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
The Services are intended for professionals, i.e. any person acting for the needs of the exercise of his profession, and for private individuals.
4. Acceptance of the General Conditions
Prior to signing the quote or placing an order on the Site, the Customer declares that he/she (i) has read these General Conditions and (ii) expressly accepts them.
This acceptance is materialised by the signature of the quote or by a box to be ticked in the process of placing the order on the Site.
The acceptance of the General Conditions can only be full and complete. Any conditional acceptance is considered null and void. The Customer who does not agree to be bound by the General Conditions must not sign the quotation or place an order on the Site.
5. Control of Terminals and Services
5.1. Ordering process
To place an order for Taqt Solutions and Services, the Customer must, at his convenience ;
- either send a request for a quote to Taqt by email to firstname.lastname@example.org ;
- or place an order on the Site by clicking on the « order » button.
In order to place an order, the Customer must provide certain information, such as his surname, first name, company name, contact e-mail address, telephone number, address and postal code.
The Customer may also be asked to provide additional information that is optional but which may be useful to Taqt in providing the Customer with a more personalized experience. This information could include, for example, payment information.
The Customer is hereby informed that any order automatically entails the opening of an account in the Customer's name (hereinafter the « Account
»), giving him/her access to a personal space (hereinafter the « Personal Space
») that enables him/her to manage his/her use of the Services in a form and according to the technical means that Taqt deems most appropriate for rendering these Services.
The Customer guarantees that all the information he provides in the context of his order is accurate, up-to-date and sincere and is not misleading.
He undertakes to update this information in his Personal Space in the event of changes or to contact the Taqt support team so that it can make the necessary changes.
The Customer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Customer is binding upon validation.
The Customer may access his Personal Space at any time after having identified himself using his connection identifier and the password he has created.
The Customer undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
He is likewise responsible for maintaining the confidentiality of his login and password. The Customer undertakes not to share his login and password, not to allow other people to access or use his Account, nor to do anything that could compromise the security of his password or his Account. He must immediately contact Taqt using the contact details mentioned in the « Services Operator » section of these General Terms and Conditions if he notices that his Account has been used without his knowledge. He acknowledges Taqt's right to take all appropriate measures in such a case.
5.2. Order confirmation
Once the order has been placed, Taqt shall send the Customer an Order Confirmation (hereinafter referred to as the « Order Confirmation
») by any means it deems appropriate, in particular by e-mail.
The Order Confirmation summarises the characteristic elements of the Order.
The Order Confirmation shall be accompanied by (i) the version of the General Terms and Conditions in force on the date of the Order, (ii) the invoice for the Order.
The Client must ensure that the contact details he/she provided when placing the Order or updating his/her Account are correct and that they enable him/her to receive the Order Confirmation. If the Customer does not receive the Order Confirmation, he/she should contact Taqt using the contact details mentioned in the article « Operator of the Services ».
The Order Confirmation is proof of the transaction.
5.3. Delivery of the order
Delivery is made to the address indicated at the time of ordering.
It is carried out by a carrier independent of Taqt.
The Customer acknowledges and accepts that the carrier's delivery times are mentioned on the quotations and/or the Site for information purposes only.
Taqt shall make its best efforts to respect the planned delivery dates.
Nevertheless, Taqt shall not be held liable for any delay in delivery.
Once delivered, the Taqt Solution must be installed by the Customer by following the indications and instructions provided by Taqt by any means. The Customer acknowledges and accepts that this installation is his responsibility and that Taqt shall not be held liable for any malfunction of the Taqt Solution due to its incorrect installation.
On delivery of the Taqt Solution, Taqt gives the Customer an access code enabling him to connect to the Platform and thus to have access to the Services and to the data collected through the Taqt Solution.
7. Duration of Services
The Customer who subscribes to the Services under the conditions of the article "Ordering the Services" commits to a fixed-term subscription of one (1) year, tacitly renewable under the same terms and conditions for successive periods of the same duration, unless the Customer gives notice of termination under the conditions below.
The Customer may terminate his subscription:
- Either by sending a request to this effect to Taqt, by email to the contact details mentioned in the article « Operation of Services »;
- Or by making this request directly via his Personal Space.
Any termination must be made at the latest one (1) month before the anniversary date of the subscription.
The Customer will receive an e-mail confirming his unsubscription as soon as possible. The subscription cancelled under these conditions will end on the last day of the current subscription period.
8. Financial conditions
8.1. Price of the Taqt Solution and subscription to Services
The price of the Taqt Solution and the subscription to the Services is that indicated on the Site or on the quotation. It depends on the characteristics of the Taqt Solution chosen.
Unless otherwise stated, the price is indicated in euros and includes all taxes.
Fees may also be applicable in certain situations. Where applicable, the amount of these charges is indicated on the Site or on the quotation so that the Customer can be informed of them prior to placing an order.
8.2. Revision of prices
The price of the subscription to the Services may be revised by Taqt at any time and at its own discretion.
In the event of a revision of the subscription price, the Customer shall be informed by any useful written means, and in particular by email, at least two (2) months before the new rates come into force.
The Customer acknowledges and accepts that the new prices apply when the subscription is renewed.
If the Customer does not accept the new prices, he/she must terminate his/her subscription under the conditions set out in the article « Duration of Services ». Failing this, the Customer is deemed to have accepted the new prices.
8.3. Terms of payment
Unless expressly stipulated otherwise in the quotation, payment of the price of the Taqt Solution and the first instalment of the subscription to the Services shall be made by direct debit from the bank account whose details were provided at the time of ordering (hereinafter the « Direct Debit
»), which the Customer acknowledges and accepts.
Any other payment due date for the subscription, which is annual, shall be the anniversary date of the subscription, again subject to any express provision to the contrary.
The Customer undertakes to take all necessary steps to ensure that the Direct Debit can be carried out.
The Customer is hereby informed that he/she may change his/her payment method at any time, directly from his/her Account. This change may (i) cause temporary disruption to the Services, while Taqt checks the new payment information and/or (ii) result in an exceptional change to the date of debiting of the subscription. Taqt may not be held liable in any way in this respect.
When the order is placed from the Site, the Direct Debit is carried out by the following secure payment solution provider: Stripe (hereinafter: the « Payment Provider
»), to which Taqt subcontracts the implementation of the payment and which alone retains the Customer's bank details for this purpose.
The Customer is informed that Taqt does not keep any bank details.
Customers' banking information in connection with their use of the Services is subject to automated data processing, for which the Payment Provider is responsible.
8.4. Default of payment
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of the sums due on their due date shall automatically lead, without prejudice to the provisions of the article « Termination for default » and without prior notice of default:
- The acceleration of all sums due by the Client and their immediate payment;
- The immediate suspension of the Services in progress until full payment of all the sums due by the Customer;
- The invoicing, for the benefit of Taqt, of late payment interest at the rate of three (3) times the legal interest rate, based on the amount of all the sums owed by the Customer and of a fixed indemnity of forty (40) euros for collection costs.
8.5. Free trials
Access to the Subscription Services may begin with a free trial for a limited period. If the Customer receives a free trial, the specific terms of the offer will be as set out in the material describing the free trial offer. Free trials are only available to new Taqt customers.
It is not possible to combine free trials with other offers.
Taqt reserves the right to freely determine the conditions and limitations of eligibility for any free trial. Once the free trial period has ended and in the absence of any cancellation by the Customer, Taqt will collect the subscription instalments relating to the Services chosen by the Customer. For this reason, Taqt reserves the right to ask the Customer, prior to the activation of any free trial. If the Customer wishes to cancel the subscription at the end of the free trial period, he must follow the procedure stipulated in the conditions applicable to the free trial period.
9. Non-commercial use
The Customer shall refrain from monetising, selling, granting, exchanging and, more generally, negotiating all or part of the access to the Services or the Platform, as well as to the information and/or texts, images and other content used by Taqt on the Solution in the context of the use of the Services.
10. Right of withdrawal
This right is granted to all Private Customers, as well as to Professional Customers, provided that they meet the following cumulative conditions :
- That their main activity is not in the same field of activity as that of Taqt;
- That they have five (5) employees or less.
If the Customer does not meet these conditions, the right of withdrawal shall not apply to him.
The Customer has a period of fourteen (14) working days from the date of receipt of the Taqt Solution(s) to withdraw from his order. He may exercise this right by sending to Taqt the contact details mentioned in the article « Operator of the Services », before the expiry of the aforementioned period, the withdrawal form attached in Appendix 1
duly completed, or by sending to Taqt any other unambiguous statement expressing his wish to withdraw.
The Taqt Solution(s) received must imperatively be returned to Taqt in its/their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. The Taqt Solution(s) must not have been used. The Customer shall be deemed to be responsible in the event of damage to the Taqt Solution(s) upon receipt by Taqt.
The Customer is obliged to return his elements using a shipper providing a tracking number for the shipment (i.e. FedEx, UPS, DHL).
The exercise of the right of withdrawal does not have to be justified. The Customer shall not be liable for any penalty for exercising the right of withdrawal, with the exception of the cost of returning the goods, which shall be borne by the Customer. The exercise of this right will result in the automatic cancellation of the subscription or the transaction.
The Customer shall be reimbursed for all the sums paid for his order as soon as possible and at the latest within fourteen (14) days from the date of effective receipt by Taqt of the request for withdrawal, after deduction, where applicable, of the cost of return, which shall remain payable by the Customer. However, Taqt reserves the right to defer this reimbursement until the Taqt Solution(s) have been effectively recovered.
Taqt packages and ships each order that includes a Taqt Solution(s) (« Hardware ») in accordance with its standard practices, but also with respect to the rules established by its delivery partners.
Shipping and handling charges are included in the price of orders and are expressly stated on the quotation or the Site, prior to any order being placed.
Apart from the exercise of any applicable right of withdrawal, if the Customer wishes to cancel an order that Taqt has not yet executed, or if he is not satisfied with the material for any reason whatsoever, he must contact Taqt within thirty (30) calendar days of the date of the order (hereinafter the « Cancellation Request
The Cancellation Request must specify the details of your order.
As soon as possible after receiving the Cancellation Request, Taqt undertakes to send a Return Merchandise Authorisation (RMA) by email to the requesting Customer.
The Customer must then return the equipment with all the parts/components included in the order, each item to be returned in its original packaging and accompanied by the corresponding invoice
, to the shipping address indicated on the RMA.
The Customer is required to return items using a shipper that provides a tracking number (i.e. FedEx, UPS, DHL).
The Customer is required to include the valid RMA number provided by Taqt with the return shipment, clearly visible on the outside of the returned package.The returned equipment must not have been used, which the Customer acknowledges and accepts.
On receipt of the returned equipment and subject to its good condition and the Customer having complied with the aforementioned procedure, Taqt shall proceed, at the Customer's choice, with a refund or a credit note.
Taqt reserves the right to reject or return, at the Customer's expense, any material that has not been returned in accordance with the above instructions.
Cancellation Requests received by Taqt more than thirty (30) calendar days after the date of the order may be evaluated on a case-by-case basis, subject to the approval of Taqt's management.
Customized, modified and/or altered products are not eligible for a Cancellation Request.Delivery address for returns
Taqt À l'attention de : Service Logistique Le Britannia - Allée C étage 7 20 Bd Eugène Deruelle 69432 Lyon Cedex FRANCE Tel: (+33) 1 80 91 98 67
Unless otherwise expressly provided, all fees paid by the Customer prior to the Cancellation Request are non-refundable, including, without limitation, any fees paid in advance for the billing cycle in which the Customer cancels.
Cancellation after the cancellation deadline - provided that it is accepted by Taqt - does not relieve the Customer of its obligation to pay any fees or charges accrued prior to its Cancellation Request.
In the event of cancellation of his order, the Customer loses access to the benefits to which he had access and Taqt shall have the right to delete the information and data stored in the Customer's Account.
12. Client's obligations
Without prejudice to the other obligations set out herein, the Clients undertake to comply with the following obligations.
- The Clients undertake, in their use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
- The Clients acknowledge that they have read the characteristics and constraints of all the Services on the Site, particularly the technical ones.
- They are solely responsible for their use of the Services and the information they communicate to them in this context.
- Customers undertake to provide Taqt with all the information necessary for the proper performance of the Services and, more generally, to cooperate actively with Taqt with a view to the proper performance hereof.
- The Customers undertake to provide accurate information free of any defect, in particular with regard to the contact details for the delivery of orders.
- The Customers are informed and accept that the implementation of the Services requires them to be connected to the Internet and that the quality of the Services depends directly on this connection, for which they alone are responsible.
It is strictly forbidden to use the Platform and the Services for the following purposes :
- carrying out illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
- undermining public order or violating the laws and regulations in force,
- intrusion into the computer system of a third party or any activity of such a nature as to harm, control, interfere with, or intercept all or part of the computer system of a third party, or to violate the integrity or security thereof
- aiding or abetting, in any form and in any manner, one or more of the acts and activities described above,
- and more generally any practice diverting the Taqt Solution and the Services for purposes other than those for which they were designed.
It is strictly forbidden for any Customer to copy and/or misappropriate the concept, technologies or any other element of the Taqt Solution and/or the Platform for their own purposes or those of third parties.The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Taqt's systems, (iii) any misappropriation of the system resources of the Taqt Solution and/or the Platform, (iv) any infringement of the security and authentication measures, (v) any acts likely to infringe Taqt's financial, commercial or moral rights and interests, and lastly, more generally, (vi) any failure to comply with the General Conditions.
13. Guarantee of the Taqt Solution
For one (1) calendar year from the date of the order, Taqt guarantees the Customer (as opposed to a third party) that the equipment manufactured by or for Taqt received by the Customer from Taqt (as opposed to a third party) will be free of material and manufacturing defects (hereinafter the « Guarantee
The Warranty is offered to the Customer subject to compliance with the following conditions: (i) that the equipment delivered as part of the order has been used under normal conditions of use and in accordance with all technical specifications and/or user manuals accompanying such equipment; and (ii) that the equipment for which a warranty is claimed is associated with an active, fully paid subscription to the Services.
The Customer who wishes to make use of the Guarantee must contact Taqt by email within one (1) calendar year from the date of the order.
If the Customer exercises its Warranty in accordance with the provisions hereof and follows the instructions for returning the equipment set out in the « Returns » section, Taqt undertakes, at its discretion, to either (i) repair the equipment using new or refurbished parts ; (ii) replace the equipment with new or refurbished equipment; or (iii) refund the full purchase price of the equipment, less any shipping and handling charges and duties and taxes paid by the Customer at the time of ordering (i.e., shipping and handling charges, duties and taxes are not refundable).
This Warranty does not apply to: (i) consumable parts, such as batteries; (ii) cosmetic damage, including, without limitation, scratches, dents and plastic breakage on ports; (iii) defects or damage caused by misuse of the equipment, accident (including, without limitation, collision, fire and spillage of solids or liquids on the equipment), negligence in the use of the equipment, alteration, repair, improper installation, testing or improper or unauthorised storage; (iv) damage caused by operation outside of the uses authorized or intended for the hardware described by Taqt; (v) damage caused by use of the hardware with non-Taqt products or services; or (vi) any software, even if packaged or sold with the hardware.
14. Taqt Solution made available on a rental basis
In the event that the equipment has been made available to the Customer, in particular in the context of a rental, the Customer acknowledges and accepts that this placing in possession commits him to an obligation of custody and conservation of the rented equipment.
Thus, the Customer is obliged to ensure, from the moment he receives the equipment until it is handed over to Taqt, the custody, proper use and preservation of the equipment.
To this end, it shall take all necessary measures to ensure this custody and preservation and in particular to protect the equipment against any damage, loss or theft.
In this respect, the Client acknowledges and accepts that he/she bears all risks of loss, destruction and/or theft of the equipment as soon as he/she receives it: the latter becomes under his/her control.
In the event that any of these events should occur, the Customer undertakes to inform Taqt in writing as soon as possible, providing details of this event, including identification of the equipment made available and/or hired concerned.
Taqt reserves the right, at any time, with or without prior notice, to: (i) stop the production or distribution of the material and/or recall any made available and/or leased material and/or (ii) change the design or specifications of such material.
Where applicable, the Customer undertakes to cease, immediately upon request from Taqt, all use of the equipment and to return it to Taqt as soon as possible in accordance with the procedure specified in the article « Returns ».
Any equipment made available to the Customer or lent to him must also be returned to Taqt in the event of any termination of the General Conditions.
The Customer shall refrain from the following acts with regard to any equipment made available or hired: (i) taking the equipment made available and/or hired out of the premises in which the Customer has informed Taqt that the equipment will be used; (ii) disposing of or destroying such equipment, regardless of the damage caused to it, or selling it, giving it away or proceeding with any other transfer of it.
The provision of the equipment, in particular for hire, does not confer any right of ownership on the Client, who is merely the custodian. The equipment remains the full and exclusive property of Taqt, which the Customer acknowledges and accepts.
Consequently, the Customer is fully responsible for any breach or non-performance of the obligations incumbent upon him/her under the terms of this agreement.
In the event that the Customer fails to return to Taqt any equipment made available and/or rented as required by these General Terms and Conditions, the Customer shall owe Taqt, within five (5) days of the date on which it was required to return such equipment, the retail value of a unit of such equipment that is new and not removed from its packaging.
Customer agrees to comply with all applicable international, national, state, regional and local laws and regulations in connection with any transactions involving the made available and/or leased equipment, including, without limitation, all applicable European and U.S. export control laws and regulations regarding the export and re-export of technology and documentation.
The Customer shall inform Taqt in the event that it knows or has reason to believe that any act or failure to act required or contemplated under these conditions violates any law, rule or regulation (criminal or non-criminal) in force in any geographical territory in which it uses the equipment made available and/or leased.
15. Third Party Products and Services
16. Licence and restrictions on use of the Platform; intellectual property rights
16.1. Licence to use the Platform
As long as the Customer pays all the sums due to Taqt in connection with its order for the Services, Taqt grants the Customer, for the entire duration of this Agreement, a personal, non-transferable, revocable and non-exclusive licence to use the Platform in its version existing on the date hereof and in any future versions, as well as its technical documentation (hereinafter the « Licence »).
The Licence is granted for the sole purpose of use of the Platform by the Customer in accordance with the terms and conditions set out herein, for the Customer's own business purposes and by the Customer or authorised users, to the exclusion of any other person.
The Platform must be used by the Customer in accordance with the stipulations of the General Terms and Conditions and the instructions for use and proper operation communicated by any means by Taqt, as well as its intended purpose, which the Customer acknowledges and accepts.
The Customer shall refrain from:
(i) modify, disassemble, decompile or reverse engineer any of the technological infrastructure underlying the Services, including, without limitation, the Sites, mobile applications and/or any loaned and/or leased materials; (ii) rent, lease, loan, resell, sub-license, distribute or transfer the Services to a third party or use the Services and/or any loaned and/or leased materials on a time-sharing basis or provide any security or other services for a third party; (iii) make copies of the technological infrastructure underlying the Services, including, without limitation, the websites, mobile applications and/or firmware of any loaned and/or leased equipment; (iv) remove, circumvent, disable, damage or otherwise interfere with the security features of the Services and/or any loaned and/or leased equipment (v) remove any copyright or other proprietary notices from the Services, the Site, the Mobile Applications and/or any Materials; (vi) attempt to access, monitor or use any accounts used in the operation of the Services or the information of other customers; (vii) access the Services in order to create a similar or competitive product; (viii) upload, transmit or distribute computer viruses, worms or software designed to damage or alter any computer or communications network, computer, handheld mobile device, data, the Services, the Site, the Mobile Applications and/or any other property; (x) interfere with, disrupt or attempt to gain unauthorized access to servers or networks connected to the Services; or (xii) violate any applicable law or regulation.
Taqt reserves the right to correct any errors that may be discovered by the Customer. The latter acknowledges that it does not have the right to carry out the maintenance of the Solution itself or to have it carried out by a third party.
16.2. Intellectual property of Taqt
The systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, trademarks, databases, etc.) used by Taqt in connection with the Taqt Solutions and the Platform, as well as the Site itself, are protected by all intellectual property rights or rights of producers of databases in force.
Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Taqt is strictly prohibited and may be subject to legal proceedings.
All rights not expressly granted herein are reserved by Taqt.
17. System requirements
The Customer acknowledges and agrees that it is his responsibility to ensure that he has all the software, hardware and other system components required for his use of the Services, as well as to ensure that they are compatible with the use of the Services and correctly configured. The Customer acknowledges and accepts in this respect that Taqt cannot provide the Services correctly if these requirements and compatibility are not met.
In particular, the Customer must have a functioning mobile phone and/or internet connection, a supported device (to use a mobile site and/or application) and other hardware, software, equipment or elements specified by Taqt.
Taqt recommends the use of a high-speed internet connection with a bandwidth of at least 1 Mbps for this purpose, although lower upload speeds may also be sufficient. Taqt reserves the right to modify the minimum configuration required at any time, which the Customer acknowledges and accepts.
18. Security; Privacy; Electronic Communications
Taqt is concerned about the integrity and security of its users' personal information. Nevertheless, Taqt cannot guarantee that unauthorised third parties will never be able to defeat Taqt's security measures.
From time to time, Taqt may provide updates, upgrades, patches, bug fixes, and other modifications to improve the technological infrastructure integrating the Services and devices, including, without limitation, the Site and/or the Mobile Applications, the Platform and related services (hereinafter « Updates »).
The Customer acknowledges and agrees that it may be required to install Updates in order to continue to access and use the Taqt Solutions, the Platform and/or the Services. The Customer agrees that Updates may be automatically installed without further notification or consent. Any Update provided to the Customer is made on a license exchange basis, so that the Customer agrees, as a condition of receiving an Update, to terminate all rights to use any previous version of any software related to the Taqt Solutions, Platform and/or Services affected by the Update. However, the Customer may continue to use such earlier version to the extent that it may assist the Customer in upgrading to the Update. Once an Update has been released, Taqt may discontinue support for previous versions, with or without notice.
Unless otherwise expressly agreed in writing, Taqt does not provide technical support services in relation to the Taqt Solutions, Platform and/or Services; however, the Customer may order support services for an additional charge (or as expressly provided elsewhere in the Agreement) which Taqt may offer from time to time.
Taqt reserves the right, at any time, and with or without notice: (i) discontinue the production or distribution of Taqt Solutions, the Platform, and/or change the design or specifications of the Services; (ii) suspend the Services for reasons of security, system failure, maintenance and repair, or other circumstances; and (ii) change its pricing, service, warranty or other policies.
Taqt shall not be liable for any such changes.
22. Termination for Default
Taqt does not offer any specific guarantee of availability of services.
In the event of the Customer failing to fulfil any of its obligations under the General Terms and Conditions, which is not remedied within thirty (30) days of receipt of a formal notice to remedy the breach, Taqt may, as of right and without any judicial formality, terminate the General Terms and Conditions and close the Customer's Account or suspend its access to the Services.
The termination or suspension of these General Terms and Conditions is without prejudice to any damages that Taqt may claim as a result of the Customer's failure to comply and any penalty that may be due to it.
Termination of the Services shall result in the deletion of the Customer's Account, which shall then no longer have access to its Personal Space.
The Customer is expressly informed and accepts that all the information he has put online on the Platform may remain accessible on it for a maximum of three (3) months. After this period, the Customer shall be responsible for recovering the data in the format of his choice.
Any termination or suspension of the Services will not give rise to any credit or refund of any kind, except in the cases expressly provided for in this document.
23. Mobile applications
The Platform is also available by means of a software application accessible at app.taqt.com
(hereinafter the « Taqt App
Nevertheless, Taqt does not guarantee that the Taqt App will be compatible with all mobile devices. Other Apps may interact with the Taqt App in unpredictable ways, and Taqt does not guarantee against malfunctions or errors caused by such interactions.
Notwithstanding any express provision to the contrary, Taqt is solely responsible for the operation of the Taqt App and the Services.
- Taqt is solely responsible for handling any claim by Customers or any third party relating to the Taqt App, including, without limitation: (i) any claim that the Apps do not comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these terms and conditions and any applicable law. The Customer agrees to comply with the terms and conditions applicable to any third party products and services accessed in connection with the use of the Taqt App, including, without limitation, other software.
24. TAQT's liability and guarantee
Taqt undertakes to provide the Services with diligence and in accordance with the rules of the trade. Its liability is exclusively limited to the provision of the Services in accordance with the terms and conditions described herein, to the exclusion of any other service.
It undertakes to carry out regular checks to verify the operation and accessibility of the Platform. In this respect, Taqt reserves the right to temporarily interrupt access to the Platform for maintenance purposes, without being held liable. Similarly, Taqt shall not be held liable for temporary difficulties or impossibilities of access to the Platform due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.
Taqt does not guarantee to Customers :
In this respect, the Customer is informed and accepts that the Taqt Solutions and Services are not specifically designed for uses requiring :
- that the Taqt Solutions and Services, which are subject to constant research to improve their performance and progress in particular, will be totally free of errors, defects or faults,
- that the Taqt Solutions and Services, being standard and in no way offered solely to a given Customer according to his own personal constraints, will specifically meet his needs and expectations.
The Customer is furthermore informed and accepts that the data to which he has access via the Taqt Solutions and Services are given without any guarantee of accuracy and/or correctness. Despite all the care and attention paid by Taqt to the design and implementation of its Taqt Solutions and Services, it cannot guarantee the Customer that they are free of errors or inaccuracies, particularly with regard to the data they deliver. This data cannot therefore have an indisputable evidential value, which the Customer acknowledges and accepts. The Customer is obliged to take these circumstances into account in the evaluation and implementation of his own products and services, of which he declares - by accepting the present - to be fully aware.He alone assumes the consequences in this respect.
- a high level of accuracy in the information and data delivered, so that any inaccuracy or error in the data would have significant, serious or dangerous consequences
- or a high level of security;
- or where the stakes are such that failure to deliver the information and data could result in death, serious bodily harm and/or serious physical or environmental damage. In particular, the Taqt Solutions and Services are not designed or intended to be operated as a life support system, medical or nuclear device or related to national defence.
Taqt shall not be held liable for the content of the data, the consequences of any errors and/or inaccuracies that they may contain and the possibility of data holes beyond its control.
The data accessible via the Taqt Solutions and the Services may not be exhaustive.
- That the Taqt Solutions and the Services will be compatible and work with the Customer's network, equipment and/or infrastructure;
- That the Taqt Solutions and Services will operate uninterruptedly and without error.
Taqt shall not be liable for any malfunction of the Taqt Solution, the Platform and/or the Services or for any operation that does not comply with the Customer's expected use if these circumstances result from a failure by the Customer to install the Taqt device and/or hardware or from any repair or maintenance of the hardware or any Taqt device carried out by the Customer himself or by a third party who is not Taqt.
Furthermore, Taqt shall not be held liable for any malfunction of the Taqt Solution or Taqt equipment linked to the batteries. In this respect, it is the Customer's responsibility to change the batteries in the Taqt Solutions as necessary.
THE WARRANTIES EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, STATUTORY OR OTHERWISE, OR ARISING OUT OF THE COURSE OF DEALING BETWEEN THE PARTIES OR FROM USAGE OF TRADE.
25. Limitation of liability
Taqt shall not be held liable for the non-performance or delay in the performance of its obligations if this absence or delay is caused (i) by a failure on the part of the Customer to fulfil its own obligations or (ii) by a circumstance that is external and/or not attributable to it.
In any event, Taqt shall not be liable to the Customer for payment of damages of any kind whatsoever, whether direct, indirect, incidental, material, commercial, financial or moral (including, without limitation, loss of use, profits, data, information or clientele) as a result of the performance of these General Terms and Conditions, for an amount greater than the amount of the last twelve (12) monthly instalments of payment invoiced by Taqt in execution of the General Terms and Conditions. Taqt's liability may only be incurred if the Customer has made a claim, by registered letter with acknowledgement of receipt, within a period of one (1) month following the occurrence of the damage that is the subject of the dispute and provided that this claim is made within one (1) year following the occurrence of the event that gave rise to the Customer's claim.
THE CUSTOMER'S RIGHTS MAY VARY FROM ONE GEOGRAPHICAL AREA TO ANOTHER, AND SOME JURISDICTIONS DO NOT RECOGNISE THE LIMITATION OF LIABILITY DAMAGES AS CONTAINED IN THESE CONDITIONS. IN RESPECT OF SUCH LEGISLATION, TAQT'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT POSSIBLE.
The Customer agrees to defend Taqt (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns) from and against any third party claim, action, suit or proceeding arising out of, based on or related to the breach of any of its obligations under these Terms or any unauthorized use of the Products and Services, and to indemnify it for all losses, damages, expenses and costs (including, without limitation, reasonable attorneys' fees and costs) incurred by Taqt as a result of such claim, action, suit or proceeding.
In the event of a dispute relating to these General Terms and Conditions, the individual Customer may have recourse free of charge to a consumer mediator in accordance with Articles L612-1 of the Consumer Code.
A list of approved mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso
The individual Customer also has the possibility of filing a complaint via the online dispute resolution platform (the « RLL » platform) accessible via the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
In the event of failure to appoint a mediator or the mediation itself, the most diligent party may refer the matter to the competent court in accordance with the terms of the article « Applicable law - Competent jurisdiction » below.
28. Applicable law - Competent jurisdiction
The present General Conditions are subject to French law. In the event of a complaint or question, the Customer is required to contact Taqt using the contact details stipulated in the article « Operator of the Services », taking care to specify his contact details and to provide any information enabling the origin and implications of the dispute to be assessed.
ANY DISPUTE RELATING TO THE VALIDITY, EXECUTION AND/OR INTERPRETATION OF THESE GENERAL TERMS AND CONDITIONS WHICH CANNOT BE RESOLVED AMICABLY SHALL BE BROUGHT BEFORE THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, UNLESS OTHERWISE PROVIDED BY MANDATORY RULES OF PROCEDURE.