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Effective date:
01/01/2020.
The company MAGMA, identified in the article “Operator of the Platform and Services” (“MAGMA”), provides a platform accessible on the site https://www.magma.app (the “Platform”) which allows members (the “Accompagnants”) of a private or public organization (the “Organization”) to connect with another member of that same organization who wishes to be accompanied (the “Accompagné”).
These general terms and conditions are intended to define the terms and conditions of use of the Platform by the Accompagnés and of the services offered there (the “Services”), as well as to define the rights and obligations of the parties in this context.
Where applicable, they may be supplemented by specific terms of use relating to certain Services, which supplement these general terms and conditions and, in the event of contradiction, shall prevail over these general terms and conditions.
The Platform and the Services are operated by the company MAGMA, SAS, registered with the RCS of Rouen under no. 848 706 925, whose head office is located at 5 res des Sondres 76710 MONTVILLE.
MAGMA can be contacted at the following details:
→ Postal address: 5 res des Sondres 76710 MONTVILLE
→ Telephone: +33 6 27 58 01 03
→ Email address: hi@magma.app
The Platform and the Services are accessible to any individual having full legal capacity to be bound by these general terms and conditions. An individual who does not have full legal capacity may only access the Platform and the Services with the consent of their legal representative.
The Platform and the Services are intended exclusively for private individuals and are not intended for professional use, meaning any use directly or indirectly related to a paid activity exercised on a non-occasional basis in all sectors of industry and commerce.
Acceptance of these general terms and conditions is confirmed by validating them during the first step of creating the Accompagné’s account. This acceptance can only be full and complete. Any conditional acceptance shall be deemed null and void. An Accompagné who does not agree to be bound by these general terms and conditions must not access the Platform or use the Services.
Accompagnés have access to the Platform and to the Services described below, in a form and according to the features and technical means that MAGMA deems most appropriate.
5.1.1. Access to the Platform
In order to access the Platform, the Accompagné must:
→ Either register via the Magma widget accessible on the Organization’s digital media or on social networks: in this case, the Accompagné who has clicked on the Magma widget is taken to a registration form presented in the form of a chat. The Accompagné must provide all the requested information. Any incomplete registration will not be validated.
As soon as all the requested information has been provided, the Accompagné will receive a notification confirming the validation of the information and the forwarding of their request for accompaniment to an Accompagnant.
In the event that the Accompagné is matched with an Accompagnant, they will be notified by MAGMA of this match, via the communication method provided during registration, and will be able to access the Platform via the login link sent by MAGMA in that notification.
→ Or be registered by an Accompagnant on the Platform: in this case, the Accompagné has received an invitation to access the Platform via the communication method given by the Accompagnant who invited them to the Platform. This invitation contains a login link to the Platform.
5.1.2. Opening an account on the Platform
Registration automatically leads to the opening of an account in the name of the Accompagné (the “Account”), giving them access to a personal area (the “Profile”) which allows them to manage their use of the Services in a form and according to the technical means that MAGMA deems most appropriate for providing said Services.
The Accompagné guarantees that all information provided at registration or that they enter in their Profile is accurate, up to date, truthful, and not misleading.
The Accompagné is informed and accepts that the information entered for the creation or update of their Account shall be considered as proof of their identity. The information entered by the Accompagné is binding upon validation.
The Accompagné may access their Account at any time via the links they have received by the communication method indicated when creating their Account.
The Accompagné undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, failing which they shall bear full responsibility.
They are likewise responsible for maintaining the confidentiality and security of their login links, with any access to the Platform through them being deemed to be made by the Accompagné. They must immediately contact the Organization if they notice that their Account has been used without their knowledge. They acknowledge that the Organization has the right to take any appropriate measures in such cases.
5.2.1. Action dashboard with the Accompagnant
As part of their accompaniment, the Accompagné may receive action requests on the Platform from their Accompagnant (for example, visiting the Organization’s premises, meeting with the Accompagnant, etc.). The Accompagné may respond to the actions proposed by the Accompagnant via the communication methods provided during their registration.
Each Accompagné has access to a dashboard containing various information that reflects the status of their actions with the Accompagnant.
5.2.2. Other Services
MAGMA reserves the right to offer any other Service it deems useful, in such form and by such functionalities and technical means as it deems most appropriate to provide said Services on behalf of the Organization.
5.2.3. Technical support
For any questions related to the use of the Platform, the Accompagné can contact the Organization by clicking on the “Contact the Organization” button displayed on the Platform.
If the Accompagné wishes to deregister from the Platform, they shall inform MAGMA by email at hi@magma.app, and MAGMA will deactivate their Account within 48 hours.
The Accompagné expressly acknowledges and agrees:
(i) that the data collected on the Platform and on MAGMA’s IT equipment
constitute proof of the reality of the operations carried out under these
terms,
(ii) that these data constitute the main form of proof accepted between the
parties, in particular for the calculation of sums owed to MAGMA.
The Accompagné may access these data in their Account.
8.1.
In using the Services, the Accompagné undertakes to comply with the laws and
regulations in force and not to infringe the rights of third parties or public
order.
8.2.
The Accompagné acknowledges that they have been informed of the characteristics
and constraints, including technical ones, of all the Services.
They are solely responsible for their use of the Services. In particular, they are solely responsible for any relationships they establish with other users of the Platform and for any information they communicate to them in connection with the Services. They must exercise due caution and judgment in these relationships and communications. The Accompagné also undertakes, in their interactions with other users, to respect common rules of courtesy and politeness.
8.3.
The Accompagné undertakes to use the Services strictly for personal purposes.
They therefore refrain from assigning, transferring, or conveying all or part
of their rights or obligations under these terms to a third party in any manner
whatsoever.
8.4.
The Accompagné undertakes to provide MAGMA with all information necessary,
and more generally, to actively cooperate with MAGMA for the proper performance
of these general terms and conditions.
8.5.
The Accompagné is solely responsible for all types of content (editorial, graphic,
audio, audiovisual, or otherwise, including the name and/or image they may
choose to identify themselves on the Platform) which they share in connection
with the Services (the “Content”).
They guarantee MAGMA that they have all rights and permissions necessary for the distribution of this Content.
They undertake that the said Content is lawful, does not violate public order or good morals or the rights of third parties, does not infringe any statutory or regulatory provision, and more generally, is not likely to give rise to MAGMA’s civil or criminal liability.
The Accompagné expressly agrees not to distribute, in particular and without limitation:
8.6.
The Accompagné must take the necessary steps to back up, at their own expense,
any information on their Account that they deem necessary, as no copy of such
information will be provided to them.
8.7.
The Accompagné is informed and agrees that the implementation of the Services
requires them to be connected to the internet and that the quality of the Services
directly depends on that connection, for which they alone are responsible.
8.8.
The Accompagné agrees to be contacted again by the Organization for commercial
purposes through any means of contact they have provided on the platform.
The Accompagné guarantees MAGMA against any complaints, claims, actions, and/or demands whatsoever that MAGMA may incur as a result of the Accompagné’s breach of any of their obligations or warranties under these general terms and conditions.
They undertake to compensate MAGMA for any harm it may suffer and to pay all costs, charges, and/or judgments that it may have to bear as a result.
10.1.
It is strictly prohibited to use the Platform and Services for the following
purposes:
10.2.
It is strictly prohibited for the Accompagné to copy and/or divert, for their
own purposes or those of third parties, the concept, technologies, any or all
data, or any other element of the MAGMA Platform.
10.3.
The following are also strictly prohibited: (i) any behavior likely to interrupt,
suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions
or attempted intrusions into MAGMA’s systems, (iii) any misappropriation of
the Platform’s system resources, (iv) any actions likely to impose a disproportionate
load on its infrastructure, (v) any breach of security or authentication measures,
(vi) any acts likely to harm the financial, commercial, or moral rights and
interests of MAGMA or the users of its Platform, and more generally (vii) any
breach of these general terms and conditions.
10.4.
It is strictly prohibited to monetize, sell or grant all or part of access
to the Services or the Platform, as well as the information hosted and/or shared
on it.
In the event of a breach of any of the provisions of these general terms and conditions, or more generally of violations of applicable laws and regulations by the Accompagné, MAGMA reserves the right to take any appropriate measures, including:
(i) temporarily or permanently suspend or remove the Accompagné’s access
to the Services and the Platform, who is the author of the breach or
violation, or who participated in it,
(ii) notify any relevant authority,
(iii) initiate legal proceedings.
12.1.
MAGMA undertakes to provide the Services diligently and in accordance with
industry standards, it being understood that it is under a best-efforts obligation
(“obligation de moyens”), to the exclusion of any performance-based obligation
(“obligation de résultat”), which the Accompagnés expressly acknowledge and
accept.
12.2.
MAGMA does not review the Content posted online by the Accompagné in the context
of the Services and on which it exercises no moderation, selection, verification,
or control whatsoever. MAGMA merely acts as a hosting provider with respect
to this Content.
Consequently, MAGMA cannot be held liable for any such Content, which is published under the responsibility of the third party who submitted it. Any potential claim should be directed first to the author of the Content in question.
Content harmful to a third party may be reported to MAGMA according to the procedure provided by Article 6 I 5 of French Law no. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, with MAGMA reserving the right to take the measures described in the article “Penalties for breaches.”
12.3.
MAGMA acts by making tools and technical means available to Accompagnés, enabling
them to connect with Accompagnants via the Platform. Its liability is limited
to providing these means, as described herein, and to putting Accompagnés in
contact with Accompagnants.
MAGMA acts in its own name and does not enter into any legal act on behalf of the Accompagnés, the Accompagnants, or the Organization.
MAGMA is not a party to contracts concluded between Accompagnés and Organizations, and can under no circumstances be held liable for any difficulties that may arise during the conclusion or performance of those contracts, nor be a party to any potential disputes between the Accompagnés and the Organizations.
However, in the interest of continuously improving the quality of the Services, MAGMA invites Accompagnés, through the Organizations, to share any comments and information that they consider relevant regarding the quality of the services carried out through the Platform and the Services.
12.4.
MAGMA declines all liability in the event of any loss of information accessible
in the Accompagné’s Account, as the Accompagné is responsible for saving a
backup and may not claim any compensation in this regard.
12.5.
MAGMA undertakes to carry out regular checks to verify the operation and accessibility
of the Platform. To this end, MAGMA reserves the right to temporarily interrupt
access to the Platform for maintenance purposes. MAGMA shall not be held liable
for any temporary difficulties or impossibilities of access to the Platform
caused by circumstances outside its control, force majeure, or by disruptions
in telecommunications networks.
12.6.
MAGMA does not guarantee to the Accompagnés (i) that the Platform and Services—subject
to continuous research to improve performance and progress—will be totally
error-, defect-, or flaw-free, (ii) that the Platform and Services—being standard
and not offered solely for the needs of a given Accompagné according to their
own personal constraints—will specifically meet their needs and expectations.
12.7.
In any event, any liability that MAGMA might incur under these terms is expressly
limited to direct proven damage suffered by the Accompagné.
The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by MAGMA within the Platform are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, or more generally, any act of reproduction, representation, dissemination or use of any of these elements, in whole or in part, without MAGMA’s authorization, is strictly prohibited and may result in legal action.
MAGMA undertakes to comply with the regulations applicable to personal data, in particular the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016) and the French Data Protection Act of January 6, 1978, as most recently amended.
In the context of the Services, MAGMA may process personal data relating to Accompagnés on behalf of the Organization, in its capacity as a data processor. To learn more about how their personal data is collected and about their rights, Accompagnés are invited to consult MAGMA’s Privacy Policy.
Each party undertakes to maintain strict confidentiality regarding any documents, items, data, and information from the other party that it receives and that are explicitly identified by the other party as confidential. In the case of MAGMA, the parties expressly agree that this confidentiality obligation covers the personal data that MAGMA may process in connection with the Services. All such information is referred to hereafter as “Confidential Information.”
The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of 5 years following the end of the performance of the relevant Services. It may only transmit it to employees, collaborators, trainees, or advisors if they are bound by the same confidentiality obligation as that set forth herein. This obligation does not apply to documents, items, data, and information:
(i) of which the receiving party was already aware;
(ii) which were already public at the time of their disclosure, or which become
public without breach of these general terms and conditions;
(iii) which were lawfully received from a third party; or
(iv) whose disclosure is required by judicial authorities, pursuant to applicable
laws and regulations or in order to establish a party’s rights under these
general terms and conditions.
Under no circumstances can MAGMA be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Accompagné may access via the Platform.
MAGMA reserves the right to modify these general terms and conditions at any time. The Accompagné will be informed of these modifications by any appropriate means.
An Accompagné who does not accept the amended general terms and conditions must deregister from the Services in accordance with the provisions in the article “Deregistration.”
Any Accompagné who uses the Services after the amended terms come into force is deemed to have accepted these modifications.
In the event of a dispute between the Accompagné and MAGMA relating to the performance of these terms, the Accompagné may use the following consumer mediator free of charge for an amicable resolution:
The Accompagné who does not accept the amended general terms and conditions must deregister from the Services according to the procedures set out under the article “Deregistration.”
In the event of a translation of these general terms and conditions into one or more languages, the French language shall prevail in the event of a contradiction or dispute concerning the interpretation of a term or provision.
These general terms and conditions are governed by French law.
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