General conditions

We invite you to read these General Terms and Conditions carefully and print them if you wish, before completing the online registration formalities on the Kidycheck mobile app.

The Kidycheck app and the kidycheck.com website are services offered by Kidycheck, a Simplified Joint Stock Company, with a capital of 1000 euros, registered in the Toulouse Trade and Companies Register under number 899 113 799, and whose registered office is located at 26 rue Saint Éloi, 31400 Toulouse, France, Intra-Community VAT number: FR 38 899113799, SIRET No.: 899 113 799 00014, Email: contact@kidycheck.com

The Kidycheck application is hosted by Log In line, whose representative is Rémi Mach and whose head office is located, 37 rue colonel Grandier-Vazeille, 33000, Bordeaux, France.

 

Customer Service

For any question, information or notification, Kidycheck SAS provides its users with customer service available on its kidcycheck.com website, on its Kidycheck application, and also available at contact@kidycheck.com.

 

Definitions

Application: means the Kidycheck mobile app serviced by Kidycheck SAS

Unit: refers to all natural persons attached to the same children in the Application and who can intervene in their custody. A unit usually consists of one or more parents, relatives from the family or the friendly circle and babysitters. The same child can be part of two units, especially if relations between parents are subject to tension. Only the Parent is responsible and guarantor of the person registered in his unit.

General Terms and Conditions of Use: refers to these General Terms and Conditions of Use

Stakeholder(s): means confidential natural persons previously registered by Parents whose definition is accessible in the following lines. Stakeholders may also be designated under the heading « Kidychecker(s) »

Parent(s): refers to fathers and/or mothers and/or custodians of parental authority who have an account on the Kidycheck app and who wish to use that App.

Website: app presentation website and Kidycheck SAS presentation website, accessible at www.kidycheck.com. The purpose of these General Conditions is to also define the methods of making the website available and using.

User(s): means natural persons who browse the Site and/or have an account on the Kidycheck app. Users may also be designated under the heading “members”.

Account: means the User’s personal space of the App to access its features.

 

 

Purpose of the General Conditions

The purpose of these General Terms and Conditions is to define the rights and obligations of Users in connection with the use of the services offered by the Kidycheck app.

Kidycheck SAS does not intervene in any way in the contractual relationship that may arise between Users (parents and/or stakeholders).

 

 

Availability of the General Conditions

The General Conditions are available at any time on the Kidycheck SAS website where they can be directly consulted, downloaded and printed.

By finalizing his registration, the User declares that he has read, understood and accepted without conditions all the General Conditions defined below and future changes. Use constitutes full adherence to the General Conditions.

 

 

Modification of the General Conditions

Kidycheck SAS reserves the right to modify its General Terms and Conditions at any time. These come into force on the date indicated in the heading hereof. Continued use of the App and the website after the changes have been posted constitutes mandatory acceptance of these changes.

 

 

Evolution of the App

Kidycheck SAS reserves the right to evolve its services in order to best meet the needs of Users. Kidycheck SAS may therefore modify the list of its services at any time and may modify the pricing conditions of these services if necessary. If the member does not accept the modified Terms and Conditions, he may terminate his account and no longer use the App.

Kidycheck SAS cannot be held responsible if, for any reason beyond its control, one or more of the services offered by the App are modified, postponed or deleted.

Any evolution or change in the content of the App may result in an update and/or temporary unavailability of the App, which in no way engages the responsibility of Kidycheck SAS.

 

 

Registration and Identifiers and Access to the App

Use of the services requires the member’s registration on the Kidycheck App.

Registration requires an Internet connection. The cost of Internet connection to an operator remains the responsibility and responsibility of the User.

Registration is done by means of his email address and requires the future User’s acceptance of the General Terms and Conditions and the creation of an online Account.

In the event of refusal to adhere to the General Conditions, the User will not be able to register on the App.

The User’s access to the App is by means of his personal and confidential identifier under the sole responsibility of the User. The latter undertakes to respect strict confidentiality to ensure the security of access to the App.

Kidycheck SAS can in no way be held responsible for unauthorized use or theft of the User’s identifiers.

The User is responsible for all actions carried out using his identifiers on the App.

Each User is responsible for the information recorded and the persons referenced on his personal space. Kidycheck can in no way be held responsible for any disputes between its Users (between Parents, between Parents and Speakers and between Speakers).

 

 

Obligation of the user

Each User:

* is committed to acting responsibly, ethically, in accordance with good morals and is committed to Use the services offered only in Accordance with laws and regulations, public order and in accordance with the rights of third parties. Each User thus undertakes to respect the rules elementary courtesy and good citizenship towards third parties.

* undertakes not to usurp the names or names of other natural persons or Morals.

* undertakes to treat the data of other members confidentially (in particular name, Address, telephone number and email address) and not to make them available or

Communicate to a third party (including another member) without the prior consent of the holder.

* undertakes that the content it broadcasts is not contrary to public order or good Mores.

* undertakes not to intervene on the Kidycheck application, using software or tools in particular to extract or reproduce all or part of the component elements
The Kidycheck app, or to have activity that may disrupt the operation of the App as using an item containing software viruses or other codes, files or computer programs designed to interrupt, destroy or limit the functionality of the App and the website in whole or in part.

* also undertakes to use the Kidycheck app only for personal use, not Merchant and to comply with these General Conditions.

* undertakes not to distribute content that, for a normal person, may be abusive, Obscene, pornographic, defamatory, violent, or inciting racial hatred.

* undertakes not to download or transmit files, images, software or any other Element that violates copyright laws, trademarks, licenses or the
Intellectual property.

*undertakes not to create a false identity or usurp that of an existing person or Usurp the bank data of an existing person or disseminate, store or disseminate Viruses, Trojan horses, or any other malicious code or program.

In general, the User undertakes not to carry out any activity contrary to these General Conditions.

 

 

Minor users

A minor may not create an account without the prior consent of his parents or the person exercising parental authority or having been registered as a Kidychecker by the Parent responsible for the unit.

Kidycheck SAS reserves the right to request written justification at any time and to carry out any necessary verification. Failure to provide the said justification will result in the deletion of the account within the time limit set for it. Kidycheck SAS also reserves the right to immediately delete any user account improperly created upon receipt of a parental request to close the account and related content.

It goes without saying that parents or the person who has received parental authority will have to monitor with his responsibility any use by the minor of the App.

In the event that the User does not fully or partially comply with the preceding stipulations or if he uses the App in a manner that does not comply with these

General Conditions, and in the sole discretion of Kidycheck SAS, this constitutes a threat to the security, integrity, availability or quality of the App or its Webite, Kidycheck SAS may immediately interrupt the use of the User’s This interruption of access to the App will not give rise to any compensation for the benefit of the User and no refund will be possible if necessary.

 

 

Responsibilities

The Kidycheck app allows its Users to disseminate and respond to custody requests. Each User is responsible for the information he communicates to other Users and Kidycheck SAS via the App.

Kidycheck SAS can in no way be held responsible for the content published by users or their behavior. Each User therefore waives any recourse against Kidycheck SAS, based on a possible infringement of his right to image, privacy, reputation or honor resulting from the dissemination of information about him and which he has freely agreed to disclose.

The Kidycheck app is a solution which makes easier the communication between members of the same unit regarding the child care for the kids registered in. Users are not employees or employers of Kidycheck SAS. As such, Kidycheck SAS does not control the content distributed by members and does not intervene in agreements between members via the App.

Kidycheck SAS does not guarantee that the provision of childcare services will actually be carried out or of their quality nor does it guarantee the remuneration due by parents.

Before any request for child care entrusted to a compensated Kidychecker, the parent and the compensated Kidychecker must have agreed on the financial terms if they take place. Kidycheck SAS does not intervene in any way in the definition of the price of the services provided by the stakeholder or in the latter’s terms of employment.

Kidycheck SAS excludes any responsibility for User’s compliance with their legal and tax obligations relating to the employment of people at home.

Kidycheck cannot be held liable for any accidents, incidents or material or immaterial damage suffered by Users or a third party that may occur as part of child care agreed between Users via the Application.

Any dispute of any kind between the members may not give rise to the liability of Kidycheck SAS.

Links to third-party sites may be provided on the Kidycheck app, which does not control the content of these websites and therefore cannot be responsible for this fact.

In addition, Kidycheck SAS cannot be asked for compensation for damage resulting from abnormal use of the service either by Users or a third party or for possible direct and/or indirect damage caused to the User and/or any third party as a result of the use, management or operation of the service.

Kidycheck cannot be held responsible for any damage caused to members’ hardware or data during their connection and use of the Internet network due to problems related in particular to intrusions, viruses or break in service.

 

 

Maintenance and unavailability

The App and the Website are available 24 hours a day, 7 days a week except in cases of force majeure, regardless of the maintenance operations of these services and/or servers and/or the Site.

Kidycheck SAS will make every effort to ensure the availability of the services offered by the App. However, due to the nature of the Internet, this cannot be guaranteed.

Access to the App and services may occasionally be suspended or limited for maintenance purposes, or to add a new feature or service. Kidycheck SAS will make every effort to limit the frequency and duration of these suspensions or limitations.

Kidycheck SAS will endeavour to find ways to restore the activity of the website within a reasonable time. Kidycheck may at any time and without notice modify, interrupt the activity of the Application and/or the Site, temporarily or permanently, without liability being held.

 

 

Termination and termination of relationship

The User may terminate his account at any time by sending us an email at contact@kidycheck.com or by postal mail to Kidycheck, 26 rue saint Eloi 31400 Toulouse, France.

The User, whether the Parent or the Intervenor, may as of right, without notice, without justification, interrupt the relationship established between them within the App.

Kidycheck SAS reserves the right to terminate a User’s account, without notice or judicial formality and without compensation for that User.

 

 

Guarantees

Except as provided in these General Terms and Conditions, Kidycheck SAS does not give any express or implied warranty other than those provided for in the General Terms and Conditions and by applicable laws and regulations.

Kidycheck does not represent or warrant that the use of the App or Website will meet the specific needs of the User or that such use will be uninterrupted, flawless or error-free.

 

 

Intellectual property

The Website and the App are subject to French and international legislation on copyright and intellectual property. Reproduction of all or part of this site in electronic or paper format(including downloadable documents) is strictly prohibited unless expressly authorized by the publication director. In other words, the contents of the Website and the App, including images, logos, illustrations, texts, photographs, brands are the property of Kidycheck SAS.

Any total or partial representation or rebroadcasting by any process whatsoever of the content, without the express written permission of Kidycheck SAS is prohibited and would constitute an infringement punishable by Articles L 335-5 et seq. of the Intellectual Property Code.

 

 

Personal data

In accordance with the regulations on personal data and in particular Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and any applicable European regulation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council and all recommendations, deliberations and other standards enacted by the Commission Nationale de l’Informatique et Libertés, Kidycheck SAS acknowledges that it will be required to process personal data and undertakes to collect, process and use the data in compliance with these Regulations.

By using the Application and services, the User agrees that Kidycheck collects, processes and uses his personal information (such as last name, first name, date of birth, email address and telephone number) for the purpose of:

* to offer him the Services

* to communicate with him about his account, services and more generally Offers

* to establish non-nominative statistics

* to communicate with its partners in the context of services, in particular advertising

* to send newsletters after prior agreement of the User for this purpose.

In accordance with the Data Protection Regulation of January 6, 1978, the User has the following rights for all the data collected by Kidycheck SAS:

* right of access

* right of rectification

* right of erasure, limitation of processing

* right to portability

* right to object

He can exercise these rights by sending a letter to the following address Kidycheck SAS 26 rue Saint Eloi 31400 Toulouse, France.

The User may also change his mind at any time and choose to no longer receive newsletters. To this end, it will be necessary to send a letter to the same address: or to click on the unsubscribe link in the Newsletter.

 

 

Friendly resolution

Kidycheck SAS invites the User to inform him as soon as possible in the event of a complaint relating to the services and/or the execution of these General Conditions by sending a letter to Kidycheck, 26 rue saint Eloi, 31400 Toulouse, France, or by email contact@kidycheck.com

In the event of a dispute, Kidycheck SAS and the User, hereinafter the Parties, will then try to seek together an amicable solution before submitting such a dispute to the court mentioned in Article “Applicable Law and Territorial Jurisdiction”.

Failing to find an amicable solution to resolve the dispute, the Parties shall regain their freedom of action after notifying by registered letter with acknowledgement of receipt of the refusal of the amicable solution proposed by either party.

 

 

Applicable Law and Competent Jurisdiction

These General Conditions are subject to the French law. In the absence of an amicable agreement, disputes will be brought to the exclusive French jurisdiction of the competent French courts.

 

 

Use of the Kidycheck app assumes that the user has accepted the General Terms And Conditions. Such acceptance is deemed to be as valid as the User’s handwritten signature.
Legal notice, General Terms and Condition and Privacy Policy are written in French and English. In case of divergence of interpretation, only the French version shall prevail.

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