Last modified: November 3, 2023
By using the Fácilway website and all its related features, you agree to be bound by the following terms of service (the “Terms”). These Terms cover all present and future features provided. The Services are operated by FACILWAY (“We”, the “Company”), a Spain and French company located near Bordeaux in France and Madrid in Spain. Please read these Terms carefully before you use our services. By using this services, you are agreeing to be bound by these Terms. You may not use our Services if you do not agree to these Terms. These Terms apply every time you use our Services.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
1. Users of the Services
Our Services are provided exclusively to professionals who are at least 18 years of age. This Services are provided exclusively to professional persons or legal entities. Each user is solely responsible for all actions performed through this Services.
2. Authorized use of the Services
You agree not to use our Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
- Disrupting the Company’s networks and Servers in your use of the Services ;
- Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM ;
- Infringing upon or violating the intellectual property rights of the Company or a third party ;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability ;
- Trading, selling or otherwise transferring the ownership of an Account to a third party (with the exception of Lifetime Accounts, which can be sold or traded exclusively through the Company) ;
- Promoting illegal activities or providing instructional information to other parties to commit illegal activities ;
- Engaging in spam activities, which are defined as the practice of sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients, notably for the purposes of advertising, phishing, or spreading malware or viruses ;
- Sending junk mail, bulk emails, or mailing list emails that contain persons that have not specifically agreed to be included on that list. You agree not to use the Services to store or share content that violates the law or the rights of a third party ;
- Abusive registrations of email aliases for third-party services ;
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e. any form of unauthorized « hacking »).
The Company may also terminate any professional activity with which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.
3. Limited warranties and liability
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the internet Services.
To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise, arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use our internet Services.
We do not store personal data with the Fácilway website, but if you entrust us with personal data by mistake, that is subject to the EU General Data Protection Regulation (GDPR).
5. Intellectual property
All trademarks, service marks, logos, trade names, and other proprietary designations of FACILWAY (the “Fácilway Trademarks”) displayed on this website are trademarks or registered trademarks of the Company, and numerous of the FACILWAY Trademarks are registered with multiple trademark offices around the world. Nothing in these Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Fácilway Trademarks without our prior written permission in each instance. All goodwill generated from the use of the Fácilway Trademarks will inure to the Company’s exclusive benefit.
6. Terms of payment
We do not receive payment through this website. All terms relating to payment for services and benefits offered by our Company are explained in the General Conditions of Sale available to our professional customers on request.
7. Modification to the terms of service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using this Services, you are responsible for regularly reviewing these Terms. Continued use of this Services constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions, unless they materially affect the entire intent and purpose of these Terms or unless otherwise provided herein, shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
9. Applicable law and language
Disputes or litigation arising during the use of a service made available by Fácilway must be the subject, before any legal proceedings, of an attempt at amicable settlement. To this end, within 30 days of the dispute arising, a meeting between the parties to this dispute must be held in a place located within the jurisdiction of the Court of Appeal of Bordeaux – France.
In the absence of an agreement reached within 15 working days following this meeting, the company Fácilway and the natural person or legal entity opposing it regain their freedom to take legal action. No legal action aimed at incurring the civil liability of Fácilway may be initiated more than one calendar year following the emergence of the claim in accordance with the provisions of article 2254 of the civil code.
In the event of a dispute arising during the use of the contract, the competent courts are those within the jurisdiction of the Bordeaux Court of Appeal. These general conditions may be translated into a language other than English. In the event of a contradiction between the translated version and the original English version, it is expressly provided that the English version will prevail and that a version translated into a language other than English cannot be opposed to Fácilway.