TERMS AND CONDITIONS

INTRODUCTION

The website www.petalert.me , and its national websites (including aliases), applications, documentation and related services (together, the Platform) are operated by Uzino Sàrl, a company incorporated under Swiss law. Its head office resides in Lausanne (IDE CHE-236.397.546) (Uzino or us, our, ours).

Each person (the User or you, your, yours) who accesses the Platform or uses it in any way whatsoever does so on condition that they unreservedly and expressly accept the present general conditions (the General Conditions) .

Highlighting a word in bold indicates a definition that applies to that word throughout the Terms and Conditions unless the context requires another interpretation.

1. OBJECT

The General Conditions define the conditions to which you have the right to access and use the Platform; they also contain our privacy policy (see article 11).

2. REGISTRATION AT THE PLATFORM

In order to access certain features of the Platform, we ask you to register, which you can do directly on our registration form or via your Facebook account.

The subscription to the Platform may or may not be accompanied by the conclusion of a service contract between the Platform and you (the Agreement), depending on the level of User chosen (see article 6).

3. USERS

Four levels of Users have access to the Platform: the Visitor, the Watcher, the Member and the Subscriber.

3.1. VISITOR

The Visitor refers to all Users who access the Platform. He has the opportunity to consult the public pages of the Platform, including the different Alerts. If he wishes to comment on Disappearance Alerts or Discovery Alerts or file a Discovery Alert, he must identify himself. These actions are free.

3.2. WATCHER

The Watcher designates the person who is allowed to participate in the Watcher research program.

The status of Watcher is obtained on the one hand by your request to join the Watcher research program and on the other hand by our confirmation.

The Watcher has particularly the possibility to specify its geographical position and to put at our disposal its mobile phone number. By doing this, he agrees to receive Disappearing Alerts. These are generally only sent between 08:00 and 20:00 on weekdays and between 10:00 and 20:00 on weekends and public holidays. This feature can be turned on and off at any time.

The Watcher receives credits (Credits) for the following actions: Announcements Sharing, Relevant Comments, Creating Valid Discovery Alerts. He also receives Credits when he sponsors a new User. Credits provide benefits on the Platform (gifts, discounts, etc.). Credits are not convertible into cash. They cannot be assigned.

If he agrees to receive SMS, the Watcher also receives a commission for each SMS he receives and validates (the Commission). The Watcher is deemed to have validated an SMS when it accesses the page relating to the transmitted Alert. The Commission is a percentage of the price paid by the sender of the SMS received and validated by the Watcher. The Watcher may (i) use the amounts accrued as Fees to purchase services on the Platform, (ii) pay such amounts to the PetAlert Monthly Payee or (iii) transfer them to its own bank account, provided that, in the latter case, the transfer will only be accepted (i) if it is made on a Paypal account for which the Watcher is the holder and beneficial owner and (ii) the amount to be transferred is more than 20.00 CHF.

In any case, Credits and Commissions can only be used after the Watcher has relayed at least 10 Alerts and confirmed at least 10 SMS and after the 10th day of activation of the Watcher profile.

Watcher's status is lost by unsubscribing or disabling your profile (see article 13). If a Watcher does not perform any action for 90 consecutive days, its profile is automatically disabled. In all cases (unsubscription or deactivation of the profile), the unused credits are canceled and the accumulated amounts for commissions are allocated to the monthly recipient of PetAlert.

3.3. MEMBER

The Member designates any person who orders a Disappearance Alert.

The status of Member is obtained, on the one hand, by your order of the Alert Disappearance and, on the other hand, by our confirmation. Note that we reserve the right to refuse any order and only send our confirmation once the price of the order has been cashed.

By becoming a Member, you benefit not only from the dissemination of the Disappearance Alert, but also from the Subscriber status and the benefits associated with it, for a period of one year (see Article 3.4).

The Member also has the right to integrate the Watcher program.

Member status is lost by unsubscribing or deactivating your profile (see article 13).

3.4. SUBSCRIBER

The status of Subscriber is obtained, on the one hand, by your subscription request and, on the other hand, by our confirmation. It can also be obtained when ordering a Disappearance alert (see article 3.3).

The subscription is nominal, personal and non-transferable. It is obligatorily linked to a single animal.

The duration of the subscription is one year; it can be renewed from year to year, on request.

The subscription gives the right to access the services of the Platform reserved for Subscribers. In particular, the price of the subscription includes the right to publish a Disappearance Alert. The other possible Disappearance Alerts are against paying. For technical reasons, the publication of Alerts Disappearance can generally only occur 7 days after the activation of the subscription.

The Subscriber also has the right to integrate the Watcher program.

Subscriber status ends at the end of the subscription or the deactivation of your profile (see article 13).

4. ALERTS

Disappearance Alerts are information distributed via the Platform about a lost pet. Only Members and Subscribers can post Disappearing Alerts. Subject to the special rules applying to Subscribers (see article 3.4), the publication of Disappearing Alerts is subject to payment. The prices are on our website.

Discovery Alerts are messages posted via the Platform by Visitors, Watchers, Members or Subscribers who provide information on the location of a lost animal. The broadcast of Discovery Alerts is free.

Disappearance Alerts are released for 30 days upon activation; after this time, they are automatically disabled. They can be extended for successive periods of 10 days (this is a charged service).

Disappearance Alerts and Discovery Alerts (together Alerts) may be deleted by their author at any time. Once published, an Alert cannot be edited. Its author can however provide additional information through Comments.

As soon as an Alert is deactivated, its content and associated Comments are no longer visible to Users, except for its author. The content of an Alert deactivated or withdrawn by the User or the Platform is no longer visible on the Platform; however, it is kept in our databases (see Article 11) and is available on request by its author.

5. COMMENTS

Comments are additional information to an Alert whose purpose is to help locate a lost animal; they cannot be used for other purposes. They can be published by Visitors (having identified themselves), Watchers, Members and Subscribers.

6. CONTRACTS

The Platform contains a description of the different services we offer for each level of User. At the end of the ordering process, you will be able to send us an offer by clicking on the "confirm order" button or any button with similar content. By clicking on such a button, you will be deemed to make an offer to enter into the Agreement and to declare that you accept the Terms and Conditions.

The Agreement is concluded if and when we send you a confirmation e-mail.

Where applicable, the Contract consists of the following documents: our confirmation, the information on the description page of the type of services you have subscribed to and the General Conditions. In case of contradiction between these documents, the provisions of the document quoted first prevail.

In the case of Visitors, no Contract (service provision) is in principle concluded. Nevertheless, Visitors are only allowed to access and use the Platform in strict compliance with the Terms and Conditions.

7. PRICE AND PAYMENT METHOD

The amounts we charge you are in principle payable immediately, but no later than within 30 days of your order.

In case of late payment, we will send you one or two reminder(s). For each reminder, you agree to pay us a lump sum of CHF 10 as compensation for the reminder fees.

No discount is made after the order. If payments are made by credit card, the commission is calculated in addition to the selling price. The various payment solutions are available on the "payment methods" page.

Any payment is final and non-refundable, including in the event that you do not ultimately use the services of the Platform or in cases where your account is suspended or disabled in accordance with the Terms and Conditions.

We also reserve the right to modify, at any time and without notice, the price of our various services, it being specified that these new prices are applicable for all orders placed after the publication of new prices on the Platform.

8. SCOPE OF RESEARCH

Unless otherwise specified by us, only Users domiciled in the following countries may broadcast Disappearance Alerts: Austria, Belgium, Canada, France, Germany, Great Britain, Ireland, Italy, Spain, Lichtenstein, Luxembourg, Portugal, United States, Switzerland.

We guarantee the dissemination of Alerts only in the territories mentioned above. In some cases, the spread of Alerts may be extended to border areas, but we do not offer any contractual warranty in this regard unless expressly stated otherwise by us.

9. RESPONSIBILITIES

9.1. OUR RESPONSIBILITIES

Our services are described in the contractual documents forming the Contract. In general, we commit ourselves to disseminate, according to the agreed mode, information making it easier to search for lost or found animals. We do not guarantee that animals that are the subject of a warning campaign are actually found, or that they are found in good health.

We take all measures to maintain the functioning of the Platform and to ensure the security of the Platform's data. We reserve the right to discontinue or modify the services of the Platform with or without notice, especially for maintenance reasons.

We draw your attention to the fact that the functioning of the Platform may be hindered or affected by many factors or circumstances over which we may not have control, so that we cannot guarantee continuous secure access to the Platform.

9.2. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DECLINE ALL LIABILITY FOR DAMAGES THAT MAY OCCUR IN THE COURSE OF YOUR USE OF THE PLATFORM. IN PARTICULAR, WE DECLINE ALL LIABILITY FOR DAMAGES RESULTING FROM (I) THE USE OR INABILITY TO USE THE PLATFORM, (II) THE SUSPENSION OR REVOCATION OF YOUR ACCESS TO THE PLATFORM (DEACTIVATION OF PROFILE OR OTHERWISE), (III) THE UNAUTHORIZED USE OF THE TERMINAL USED TO ACCESS THE PLATFORM, (IV) THE UNAUTHORIZED ACCESS TO YOUR DATA, (V) THE LOSS, MODIFICATION, DELAY, INTERCEPTION OR ERRORS DURING TRANSMISSION TO AND FROM THE PLATFORM, (VI) CONTENT PUBLISHED BY THIRD PARTIES ON THE PLATFORM, (VII) DECLARATIONS AND ACTS BY THIRD PARTIES ON OR THROUGH THE PLATFORM. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE PLATFORM.

TO THE FULL EXTENT PERMITTED BY LAW AND UNLESS OTHERWISE STATED, ALL INFORMATION PUBLISHED ON OR THROUGH THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE MAKE NO WARRANTY IN THIS REGARD.

9.3. RESPONSIBILITIES OF THE USER

The User agrees to provide his Personal Data, as well as any Alert or Comment disseminated on the Platform in a truthful, complete, accurate and in accordance with the General Conditions.

10. CONDITIONS OF USE

The use of the Platform is reserved for natural persons who have turned 18 years of age. If you have not reached this age, you may not use the Platform except with our express permission.

We allow the use of the Platform only as part of the services offered. You are strictly prohibited from using the data made available to you for any purpose other than those described above, in particular for commercial purposes, for solicitation purposes or any other activity that is concurrent with the Platform.

You may only publish a Disappearance Alert if you own the animal. In case of doubt, we reserve the right to require information and any document allowing us to verify this point. If you are unable to provide the requested information, we reserve the right to remove the Alert and delete or cancel your subscription, without you being able to claim financial compensation as a result.

You are responsible for the content you publish on the Platform. You guarantee that you have all the rights and all the permissions necessary to distribute this content. The photographs or other images that you publish should only represent the lost animal. Any image representing people, places or objects is prohibited and, if necessary, will be removed.

In addition, you must ensure that your Comments and all the elements you post on our Platform comply with the law. Any content that promotes racism, hatred, physical violence, is prejudicial to minors, pornographic, obscene, defamatory or slanderous is expressly prohibited.

Any abuse and any behavior not in conformity with the General Conditions or any suspicion of non-compliant behavior can be denounced via the following form: http://www.petalert.ch/cms/fr/signaler-abus. We thank in advance the User to report them for us in order to prevent any possible fraud and / or abuse.

11. PRIVACY POLICY

Personal Data is defined as any data that relates to an identified or identifiable person.

We undertake to collect and process Personal Data about you in accordance with this Privacy Policy and the law, in particular, the Federal Law of June 12, 1992 on Data Protection (LPD).

11.1 PERSONAL DATA COLLECTED

We collect Personal Data that you communicate to us, in particular during your registration, when paying for our services or when using the Platform. The Personal Data collected is in particular your name, first name and contact information (address, e-mail, telephone numbers, etc.), username, password, bank details, etc.

Like many websites, we collect certain information automatically and store it in log files. This data includes Internet Protocol (IP) addresses, browser type and language, Internet Service Provider (ISP), landing and exit pages, operating system, date / time and the data relating to your journey on the site.

If you are part of the Watcher program, we will be able to collect, use and share accurate location data, including, but not limited to, the real-time geographic location of your mobile phone, so that we can send you Alerts about lost animals near where you are.

11.2 PURPOSE OF COLLECTING PERSONAL DATA

We collect and process your Personal Data primarily to provide our services and operate the Platform, process Alerts and, eventually, recover our receivables.

Your Personal Data is also the source of statistical and anonymous processing to reveal trends, by which we can improve the Platform.

11.3 TRANSMISSION OF YOUR PERSONAL DATA

Your Personal Data is neither published on the Platform, nor transmitted to other Users, third parties or partners, nor marketed without your consent.

However, we draw your attention to the fact that we may be required to disclose your Personal Data (i) by virtue of a legal or regulatory requirement (and in particular at the request of auditors), or (ii) as a result of an injunction of a judicial or administrative authority or (iii) in the context of any legal or administrative litigation in which our company would be involved, provided that such disclosure is useful for the defense of the interests of our company.

11.4 GOOGLE ANALYTICS AND COOKIES

We use Google Analytics, an analysis service of Google Inc. (Google). Google Analytics uses so-called Cookies, text files stored on your computer to analyze your usage of this website. The information generated by these Cookies about your use of this website (including, among other things, your IP address), is transmitted to a Google server in the United States where it will be recorded. Google will use this data to interpret your use of the website, to report web activity to website operators and to provide other services related to the use of websites, web and internet. Google may share this information with third parties if this is provided for by law or if such third parties process such data on behalf of Google. Google will not link your IP address to other Google data. You can avoid the installation of Cookies using the corresponding setting of your browser; however, we inform you that in this case, you may not have access to all the functions of the Platform. By using the Platform, you declare that you agree with the processing of data about you collected by Google in the above terms and for the purposes mentioned above.

11.5 SECURITY OF YOUR PERSONAL DATA

We implement recognized technical means to ensure the security of your Personal Data against the risks of unauthorized access, loss, destruction or unauthorized use.

11.6 LOCATION OF YOUR PERSONAL DATA

Personal Data of Users are stored on servers in Switzerland. You therefore understand and expressly agree that your Personal Data may be transferred abroad, including in a country other than those mentioned above and may not have legislation providing the same level of protection as Swiss law. In any case, we make sure that our foreign partners are bound by a confidentiality obligation concerning your Personal Data.

11.7 DURATION OF THE CONSERVATION OF YOUR PERSONAL DATA

We will retain your Personal Data as long as necessary to fulfill the purposes for which we collected it.

Your Personal Data is in particular kept as long as you are a Registered Visitor, Watcher, Member or Subscriber.

If you do not have one, or if you no longer have one of these statuses, we usually keep your data for 12 months after collection.

Your Personal Data may also be retained for longer periods if required by law. For example, the keeping of accounts and certain accounting documents is generally required for a period of 10 years.

We may also keep your Personal Data, after anonymizing them, for a longer period. Such anonymous data is used for statistical purposes.

11.8 LINKS WITH THIRD-PARTY SITES

Links to websites not under our direct responsibility may be present on the Platform: this Privacy Policy is not applicable to them unless otherwise stated.

We therefore decline any responsibility for the practices of these third parties in the processing and protection of personal data and we invite you to learn about their uses of protection.

11.9 RIGHT OF ACCESS AND CORRECTION TO YOUR PERSONAL DATA

If you wish to correct or have access to your Personal Data, please send a written request accompanied by a copy of your identity document to the address indicated in article 15.

12. INTELLECTUAL PROPERTY

All elements comprising the Platform and in particular, logos, brands, names, images, texts are our exclusive property, except the content and texts published by Users who belong to them.

All of these elements may not be copied, reproduced, distributed, transmitted, downloaded, by any means whatsoever and for any reason whatsoever, except for the dissemination of Alerts in accordance with the General Conditions or with our express authorization.

Nevertheless, under the exception of private copying, you may keep a copy of the pages of the Platform, the Terms and Conditions for strictly personal purposes, for non-commercial purposes, and provided that no changes are made.

13. SUSPENSION AND DEACTIVATION

We reserve the right to modify, suspend or delete any Alert, Comment or other content you post on the Platform for any reason.

We may also disable your profile, either temporarily or permanently, without notice, if (i) you have violated these Terms and Conditions, your Agreement or any direction or instruction from us, (ii) the material you have posted on or via the Platform are contrary to the law, these General Conditions or otherwise detrimental to our reputation or that of third parties, (iii) on the order of a competent authority or (iv) for technical reasons of maintenance or modifications of the Platform.

14. OTHER

14.1. LANGUAGE

These Terms and Conditions are written in French and translated into other languages. In case of divergence, the French version will prevail.

14.2. DIVISIBILITY

If any of the provisions of the General Conditions should be declared invalid or unenforceable for any reason whatsoever, it shall, as far as possible, be adapted rather than canceled in order to best respect the intention of the parties. In all cases, all other provisions of the General Conditions will remain valid and enforceable to the extent that they are compatible.

14.3. MODIFICATIONS

We reserve the right to modify or adapt at any time and without notice the General Conditions, in particular, to bring them into compliance with legal and regulatory provisions. The modified versions come into effect as soon as they are published on our site. We invite you to consult them regularly and before any use of the Platform. The latest version is available under the following link: https://www.petalert.me/pages/general_terms

14.4. APPLICABLE LAW AND FORE

The General Conditions (and the Contracts) are governed by Swiss substantive law.

The place of jurisdiction is Lausanne.

15. INFORMATION / CONTACTS

For any question, request or complaint, please contact us at the following address:
Uzino Sàrl
Rue de l'Industrie 66
1030 Bussigny
Swiss

The General Conditions come into force on 01.07.15.