PREAMBLE
The company GRANTWILL, a simplified stock company with capital of €14,000 registered with Meaux Trade and Companies Register under number 819 160 748, residing at Allée de la Taffarette 77164 Ferrières-en-brie, (hereinafter “GRANTWILL”), publishes and runs the website accessible at www.grantwill.com (hereinafter the SITE).
Based on a digital safety deposit box service, the SITE allows CUSTOMERS to save all sorts of data and decided what will be done with them upon death, whether these are personal identification data (counted in lines), messages, photos or videos to be sent to loved ones after the CUSTOMER’s death.
The SITE also enables the scheduling of one-off or regular gifts
To assess the suitability of the SERVICES provided by GRANTWILL for its purposes, and make a choice in full knowledge of the facts, the CUSTOMER acknowledges that GRANTWILL has sent it, mainly via the SITE, the information necessary to answer its questions, and has performed any demonstration that may be required concerning the SERVICES described below.
The term listed below shall, within the framework of these General Conditions, have the following definitions:
The SITE offers both FREE SERVICES and PAID SERVICES according to the conditions set out on the SITE, and article 4 of these CGU.
These General Conditions of Use and Service concluded between GRANTWILL, of the one part, and the CUSTOMER on the other (hereinafter collectively referred to as the PARTIES) are intended to set out the rights and obligations of the PARTIES within the framework of PAID and FREE services.
ANY USER wishing to become a CUSTOMER is invited to follow the registration procedure defined below.
3.1. Registration procedure
USERS wishing to open an account must first:
- Complete a form available at: https://www.grantwill.com/fr/register
A USER who becomes a CUSTOMER upon validation of their account opening by GRANTWILL guarantees that the data he or she provides is accurate, sincere and truthful. Any change in situation must lead to the CUSTOMER updating his data in the ACCOUNT.
Where the CUSTOMER provides inaccurate information, or information that has not been updated, GRANTWILL may immediately, and without notice or compensation, suspend or cancel the CUSTOMER’s account.
3.2. Management of IDs
GRANTWILL informs the USER, which has become a CUSTOMER, of acceptance of their registration by sending a confirmation mail to the address given when registering.
The CUSTOMER shall be solely responsible for the use of his or her identification elements by third parties or actions made by his or her account intermediary, whether fraudulent or not.
Where a CUSTOMER discloses or uses elements in a manner unfit for purpose, GRANTWILL may cancel the ACCOUNT without notice or compensation. The CUSTOMER guarantees GRANTWILL against any claim in this respect.
Under no circumstances may GRANTWILL be held liable for any identity theft suffered by a CUSTOMER. Any access or action performed from a CUSTOMER account shall be deemed made by this CUSTOMER, to the extent that GRANTWILL has no obligation to have, and indeed lacks, the technical means allowing it to ensure the identity of people having access to the SITE and the SERVICES.
Any loss, misappropriation or unauthorised use of the ID of a CUSTOMER and their consequences are the sole liability of the CUSTOMER, which is required to inform GRANTWILL, immediately, by e-mail to the following address: contact@grantwill.com
3.3. Connection and configuration of the account
By logging in from his or ACCOUNT, the CUSTOMER can:
• Change their password and logon ID;
• Access all personal information;
• Access the different features of the ACCOUNT
3.4. Unsubscribing
By logging in from his or her ACCOUNT, the CUSTOMER can:
• At any time close their account;
Thus, it is up to the CUSTOMER to collect all the data he wishes to retrieve (messages, images, documents) prior to the closing of his ACCOUNT.
The SITE provides the following SERVICES in particular:
4.1. Digital Safety deposit box
The CUSTOMER benefits from a storage space placed at his disposal by GRANTWILL to save any type of digital file
GRANTWILL offers the CUSTOMER a safety deposit box with a maximum capacity of 10 MB as part of a FREE SERVICE.
Above 10 MB the safe service becomes a PAID SERVICE and the CUSTOMER is invited to choose from the different options available on the SITE to extend the capacity of the safety deposit box.
The CUSTOMER may schedule the sending of certain documents to the RECIPIENTS that he or she determines upon their death or on a specific date (for example, on the anniversary of a relative's birthday).
The RECIPIENT will be able to access the various documents via a download link sent by e-mail.
4.2. Personal diary
The CUSTOMER can write and keep his or her diary on the SITE and determine the RECIPIENTS he or she wishes to receive it upon death or on a specific date (for example the birthday of a loved one).
Failing this, the log will be deleted upon confirmation of the CUSTOMER's death under the conditions stipulated in article 4.5.
4.3. Post Mortem Message Delivery
Via his ACCOUNT, the CUSTOMER can program the sending of messages to the RECIPIENT of his choice upon death or on a specific date (for example the birthday of a loved one).
Messages can incorporate files stored in the SAFETY DEPOSIT BOX.
4.4. Triggering of deliveries within the framework of the SERVICES
In order to ensure the effectiveness of the scheduled mailings, the CUSTOMER must designate at least 2 ANGELS GUARDIANS via the site.
The Post Mortem Messages service will be triggered upon confirmation of the death by the GUARDIAN ANGELS according to the following procedure:
- A GUARDIAN ANGEL informs GRANTWILL that the CUSTOMER has died.
- GRANTWILL questions the CUSTOMER and all CUSTOMER ANGELS designated by the CUSTOMER by e-mail to the address given by the CUSTOMER.
- If the other GUARDIAN ANGELS or the CUSTOMER do not deny the CUSTOMER's death within 48 hours of the sending of Messages, the diaries or documents stored in The SAFETY DEPOSIT BOX and scheduled for delivery to the RECIPIENTS selected by the CUSTOMER will be triggered automatically.
Optionally, the CUSTOMER may decide to trigger the SERVICES only if, in addition to the aforementioned process, one of the GUARDIAN ANGELS sends a death certificate to GRANTWILL. The CUSTOMER may activate this PAID SERVICE via his ACCOUNT
5.1. Ordering SERVICES on the SITE
To be able to order a SERVICE, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide evidence of the agreement of his legal representatives.
To subscribe to the PAID SERVICES or the FREE SERVICES, the CUSTOMER must have an ACCOUNT and therefore register on the SITE according to the provisions of article 3 of these General Conditions.
The CUSTOMER will be invited to provide information allowing him or her to be identified by completing the form available on the SITE. The sign (*) indicates mandatory fields that must be completed in order for the CUSTOMER's order to be processed by GRANTWILL. The CUSTOMER can check the status of his order on the SITE. The information the CUSTOMER provides GRANTWILL during an order must be complete, accurate and up to date. GRANTWILL reserves the right to ask the CUSTOMER to confirm, by any appropriate means, its identity, eligibility and the information provided.
5.2. Characteristics of the SERVICES
GRANTWILL undertakes to present the essential characteristics of the SERVICES (on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the services offered by GRANTWILL comply with European legislation in force and standards applicable in France.
5.3. Ordering process
SERVICE orders are placed directly on the SITE. To make an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the home page, the steps may differ slightly).
5.3.1. Selection of SERVICES
Once connected to his ACCOUNT, the CUSTOMER shall select the SERVICE of his choice by clicking on its description. Once the SERVICE has been selected, the SERVICE is placed in the CUSTOMER basket. The latter can then add as many SERVICES as he wishes to his basket.
5.3.2. Order
Once the SERVICES have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct.
Once the CUSTOMER has validated the contents of the basket, he will be shown an online form completed automatically and summarising the price and the applicable taxes.
The CUSTOMER is invited to check the contents of his order (including the quantity and references of the SERVICES ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER may then proceed with payment of the SERVICES following the instructions on the SITE, and provide all the information necessary for the invoicing and the execution of the SERVICES.
For SERVICES for which options are available, specific references appear when the correct options have been selected. The orders placed must include all information necessary for its proper handling.
5.3.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order.
A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address given on the registration form is correct.
GRANTWILL does not send any order confirmation by post or fax.
5.3.4. Billing
During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in order for the CUSTOMER to be processed by GRANTWILL).
The CUSTOMER must also specify the chosen means of payment.
Neither the order form that the CUSTOMER establishes online nor the acknowledgment of receipt of order that GRANTWILL sends the CUSTOMER by e-mail constitute an invoice. Whatever the order or payment method used, the CUSTOMER will receive the original invoice upon provision of the SERVICES.
5.4. Order date
The date of the order is the date on which GRANTWILL acknowledges receipt of the order online. The deadlines indicated on the SITE do not commence until this date.
5.5. Price
For all SERVICES, the CUSTOMER will on the SITE prices displayed in Euros including all taxes on the SITE.
Prices include, in particular, value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the SERVICES from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the SERVICE.
The prices indicated on the SITE may be subject to change, especially in the case of special offers or sales.
The prices quoted are valid unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.
However, where the price of the SERVICE is not determined in advance, or when an exact price cannot be indicated, GRANTWILL will provide the CUSTOMER with a price calculation method or a sufficiently detailed estimate.
6.1. Means of Payment
The CUSTOMER may pay its SERVICES on line using the means offered by GRANTWILL.
The CUSTOMER warrants to GRANTWILL that it holds all necessary authorisations to use the chosen means of payment.
GRANTWILL will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of online payment on the SITE.
It is for this reason that all information relating to payment provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.
6.2. Payment date
The CUSTOMER’s account will be debited once orders are made on the site
6.3. Late payment or refusal to pay
If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact GRANTWILL Customer Service to pay for the order by any other valid means of payment.
In the event, for any reason whatsoever, of opposition, refusal or otherwise, the transfer of the money due by the CUSTOMER proves impossible, the order will be cancelled.
The terms of the right of withdrawal are provided in the "withdrawal policy", available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
In connection with the use of the SITE, the CUSTOMER undertakes not to violate public order and to comply with laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions as well as the General Conditions of Use available at http://www.grantwill.com/cgu.
In particular, the CUSTOMER undertakes to:
- not infringe public order and comply with laws and regulations in force, respect the rights of third parties and the provisions of these General Conditions
- not use the SERVICES to commit or incite others to commit illegal or unlawful acts, store illegal content (incitement to murder, racial hatred);
- behave in a fair and honest manner towards GRANTWILL and third parties, be honest and sincere in the information provided to GRANTWILL and, where applicable, to third parties, and to use the SITE solely for the purposes described In these GCUs.
- not divert the other USERS from the SITE to a site or a service competing with those offered by GRANTWILL;
- refrain from any attack or attempt to infringe on the automated data processing systems implemented for the proper functioning of the SITE.
- not to make commercial use of the services offered on the SITE.
- complete the registration form (ACCOUNT) in a fair manner, providing complete, accurate and accurate data.
- comply with Law n. 78-17, "Data Processing and Freedoms" of 6 January 1978 as amended, as well as the recommendations of the CNIL at the stage of collecting data stored in safety boxes.
- not infringe the rights of third parties and in particular the intellectual property rights of third parties in the creation, dissemination or manipulation of the DATA created from the ACCOUNT opened on the SITE and stored via the SAFETY DEPOSIT BOX, or the subject of Messages or Gifts;
In any case, it is worth remembering that the CUSTOMER uses the SITE and the SERVICES under its entire and exclusive responsibility. In particular, the CUSTOMER is solely responsible for the DATA distributed via the SITE and its relations with the GUARDIAN ANGELS, the RECIPIENTS and the USERS, GRANTWILL having in this context the role of mere technical intermediary.
8.1. General principles
In accordance with the provisions of the General Conditions of Use available at http://www.grantwill.com/cgu it is recalled that GRANTWILL waives all liability in the following cases:
• abnormal use or illegal use of the SITE;
• use of the SITE not in compliance with and not provided for in these General Conditions
• the impossibility of temporarily accessing the SITE due to technical maintenance operations or interruptions related to the nature of the GRANTWILL Internet network;
• viral attacks;
• CUSTOMER’s failure
• incompatibility of the SERVICE with the computer equipment and the software used by the CUSTOMER or his RECIPIENTS, whose sole responsibility is to assess compatibility.
It is also recalled that GRANTWILL is subject to a general obligation of means and that it is not bound by any obligation of result or enhanced means of any kind.
In general, GRANTWILL cannot guarantee that the use of the SERVICE will generate an increase in turnover, and GRANTWILL will in no way be held liable for any indirect damage and for example, without the list being exhaustive, any financial or commercial loss, loss of profits, commercial trouble, loss of earnings, third party loss, or suit brought by a third party against the CUSTOMER as well as their consequences, related to this agreement or its enforcement.
The CUSTOMER is solely responsible for any direct or indirect tangible or intangible damage caused by the CUSTOMER or any of its employees to GRANTWILL or third parties as a result of its use of the SITE and the associated SERVICES.
It is expressly agreed between the PARTIES that the stipulations of this clause shall continue to apply even in the event of cancellation of these provisions established by a final court ruling.
8.2. Host status
It is recalled that for all the DATA stored by the CUSTOMER in the safety deposit boxes, GRANTWILL will have the status of host within the meaning of article 6 I 2) of the law of June 21, 2004 on “Confidence in the Digital Economy.” In this capacity, GRANTWILL undertakes to promptly remove any manifestly illegal content as soon as it becomes aware of it
For data hosting, GRANTWILL relies on the following service provider:
OVH, 2 rue Kellermann 59100 Roubaix
Tel: 0820 698 765
Each of the PARTIES shall retain ownership of the knowledge, know-how, processes, information, technical, industrial or commercial data, supplies, software and other creations it possessed prior to the validation of these Terms and Conditions.
9.1. Property of the Customer
DATA stored on the SITE by the CUSTOMER from its account remains the property of the CUSTOMER who ensures the control of their distribution and access via his ACCOUNT.
9.2. Property of GRANTWILL
The CUSTOMER acknowledges that the SITE and all its components are the exclusive property of GRANTWILL.
GRANTWILL's trademarks, logos, slogans, graphics, photographs, animations, videos, software, databases and texts created, published or recorded are the exclusive property of GRANTWILL and may not be reproduced, used or represented without prior express permission, Under pain of prosecution.
As such, the CUSTOMER shall not:
- use the GRANTWILL names in its campaigns without the prior written consent of GRANTWILL;
- cause any confusion with GRANTWILL as part of its advertising campaigns and / or promotional advertisements;
- adapt, correct, modify or reproduce all or part of the SITE and the associated SERVICES.
Any total or partial representation of the SITE or its components, by any means whatsoever, without the express prior authorisation of GRANTWILL or, as the case may be, of the CUSTOMERS, concerning the DATA disseminated by them, is prohibited and will constitute an infringement penalised by articles L. 335-2 et seq and articles L. 713-1 et seq of the intellectual property code.
In addition, GRANTWILL expressly prohibits:
- Extraction, by permanent or temporary transfer of all, or a qualitatively or quantitatively substantial part, of the contents of the SITE
- Re-use, by publishing all or a qualitatively or quantitatively substantial part of the SITE
Each of the PARTIES guarantees the other PARTY compliance with its legal and regulatory obligations in accordance with its role in the protection of personal data.
In connection with the operation of the SITE, GRANTWILL collects personal data when registering the CUSTOMER and opening his or her account.
This data is necessary to process the opening of the account and will be processed in accordance with this purpose.
In this regard, the USER is invited to consult the Privacy Policy accessible at the address which will give him more information concerning the protection of personal data, and the processes carried out via the SITE.
The CUSTOMER thus enjoys rights of access, rectification and opposition to the processing of his / her personal data, in accordance with article 38 et seq of the law n ° 78-17 known as "Informatique et Libertés" of January 6 1978, as amended. These rights may be exercised in accordance with the law by simple request by e-mail to the address contact@grantwill.com, by regular mail to the registered address of GRANTWILL with evidence of ID and a legitimate reason if required by law.
The service proposed by GRANTWILL falls outside the scope of general and specific directives concerning the fate of personal data upon the death of the persons concerned resulting from the law for a digital Republic. (Law N. 2016-1321 of 7 October 2016).
As such, GRANTWILL does not gather general directives within the meaning of Article 40-1 of the Data Protection Act.
GRANTWILL merely transfers data to third parties after the death of the CUSTOMER as part of a SERVICE associated with a digital safety deposit box.
In this context, GRANTWILL collects only the specific instructions for the data for it is responsible for processing.
When the CUSTOMER uses GRANTWILL's services to provide access to online services offered by other data controllers, the CUSTOMER is informed that the general directives filed under the conditions of the aforementioned article or the specific directives addressed to the specific Head of Processing will have priority over the choices of the CUSTOMER made in respect of the management of its digital identity.
GRANTWILL shall not be held liable or deemed to have breached these General Terms and Conditions due to any delay or non-performance when the cause of the delay or non-performance is related to force majeure as defined by the case law of French courts and tribunals, including in particular in the event of attacks by computer hackers, unavailability of equipment, supplies, spare parts, personal equipment or other; also interrupting, suspending, reducing or disrupting electricity or other systems or interrupting electronic communications networks..
GRANTWILL reserves the right to update and modify these Terms and Conditions at any time, provided that the General Terms and Conditions in force are those validated by the CUSTOMER upon first access to his ACCOUNT.
No indication or document may give rise to any obligation not included in these General Terms and Conditions if it is not the subject of a new agreement between the PARTIES.
The PARTIES further declare that these General Conditions may in no case be considered as constituting a legal entity or any legal entity and that any form of "affectio societatis" is formally excluded from their relationships.
The fact that one of the PARTIES has not required the application of any clause of these General Conditions, whether permanent or temporary, may under no circumstances be considered a waiver of said clause.
In the event of difficulty of interpretation between any of the titles of the clauses and the clauses themselves, the titles will be declared non-existent.
Should any of the provisions of these Terms and Conditions be declared void under any applicable law or regulation and / or a court decision having force of res judicata, it shall be deemed unwritten, but will not affect the validity of the other clauses, which will remain fully applicable
THESE GENERAL CONDITIONS AND THE RELATIONS BETWEEN THE USER AND GRANTWILL SHALL BE GOVERNED BY FRENCH LAW.
In the event of a dispute arising between the PARTIES concerning the interpretation, execution or termination of this Agreement, the PARTIES shall seek to settle it amicably.
The USER is first invited to contact the GRANTWILL complaint department at: Allée de la Taffarette 77164 Ferrières-en-brie.
If no agreement is reached, then an optional mediation procedure, conducted in a spirit of fairness and good faith, will be proposed with a view to reaching an amicable settlement in the event of any dispute relating to this contract, including concerning its validity.
.
FAILING AN AMICABLE SETTLEMENT, THE MATTER MAY BE HEARD BEFORE THE FRENCH COURTS.
ANNEX 1- WITHDRAWAL POLICY
The CUSTOMER shall have the right to withdraw from this contract without giving reasons within 14 days.
Withdrawal period
The withdrawal period expires fourteen (14) days after the conclusion of the contract between GRANTWILL and the CUSTOMER.
Notification of right of withdrawal
To exercise its right of withdrawal, the CUSTOMER must notify its decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to contact@grantwill.com or GRANTWILL SAS, Allée de la Taffarette 77164, Ferrières-en-brie
He or she may also use the form below:
WITHDRAWAL FORM
Att.: GRANTWILL SAS,
Allée de la Taffarette
77164 Ferrières-en-brie
RCS Meaux 819 160 748,
Intracommunity VAT n ° FR XXXXXXXXXX /
Tel: 0149526085
Fax: XXXXXXXXXX
Email: contact@grantwill.com
I hereby notify you of my withdrawal from the contract for the sale of the SERVICE below:
SERVICE reference
Invoice Number
Purchase order number:
- Ordered on [____________] / received on [________________]
- Payment method used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- CUSTOMER's signature (except in case of delivery by email)
- Date
For the withdrawal period to be respected, the CUSTOMER must notify its intent to exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal of the CUSTOMER, GRANTWILL agrees to reimburse all sums paid without undue delay, and in any event no later than fourteen (14) days from the day on which GRANTWILL is informed of the CUSTOMER’s wish to withdraw.
GRANTWILL will make the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, this reimbursement will not incur a fee for the customer. If the CUSTOMER has requested commencement of the SERVICE during the withdrawal period, the CUSTOMER shall pay GRANTWILL an amount proportional that provided to him until his withdrawal, this amount being calculated in relation to all the benefits provided for in the CONTRACT.
Exclusions from the right of withdrawal
As a reminder, the right of withdrawal is excluded in the following cases: