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GENERAL TERMS AND CONDITIONS OF SALE AND USE

These general terms and conditions define the rights and obligations of the parties regarding online and direct sales of services offered by the Provider to the Buyer.
Lije Technologies will be referred to as the Provider, and the user as the Buyer.

ARTICLE 1 – ENTIRE AGREEMENT

  1. These general terms and conditions of sale and use establish the entirety of the obligations of the parties as well as the mode of use of i-Topo. In this sense, the Buyer is deemed to accept them unreservedly and to be aware of the application’s terms of use as detailed below.
  2. The Provider and the Buyer agree that these general terms and conditions of sale and use exclusively govern their relationship. The Provider reserves the right to modify its general terms and conditions at any time. They will apply as soon as they are published online.
  3. If a condition of service provision is missing, it will be governed by the practices in force in the remote and direct sales sector, where companies have their head office in France.

ARTICLE 2 - PURPOSE

  1. These general conditions aim to define the rights and obligations of the parties in the context of online sales and direct sales of the services offered by the Provider and the Buyer.
  2. These conditions apply to services provided by Lije Technologies in France and abroad.

ARTICLE 3 – ORDERING

  1. The Buyer places an order online using the form available on the website https://en.i-topo.com/ or by contacting the Provider directly.
  2. To validate the order, the Buyer must accept these terms and conditions by clicking as indicated.
    In the case of a direct order, the Buyer must accept these terms and conditions by marking the appropriate box on the quotation or purchase order. The Buyer must also specify the billing address.
    The accepted payment methods are:
    – Cheque
    – Bank transfer
  3. Any order implies acceptance of the prices and descriptions of the services offered.
  4. In certain cases, such as non-payment, wrong address, or other problems with the Buyer’s account, the Provider reserves the right to suspend the service owed to the Buyer until the problem or non-payment has been resolved.
  5. If the service cannot be provided, the Buyer will be informed by email.
  6. For any questions regarding service tracking, the Buyer must contact the Provider via the “contact” link on the website https://en.i-topo.com/
    The Provider commits to responding as quickly as possible

ARTICLE 4 - ELECTRONIC INVOICE

Invoices are automatically sent electronically. The Buyer acknowledges the validity of the invoices by accepting the TCU/TCS.

ARTICLE 5 - ORDER CONFIRMATION

The contractual information will be confirmed by email no later than the start of the services, at the address provided by the Buyer on the purchase order, including all the details provided at the time the order was placed.

Once the purchaser has entered their login and password, they will have immediate access to the service.
The invoice for the service will be sent electronically and will be accompanied by this contractual information.

ARTICLE 6 - PROOF OF TRANSACTION

Computerised records, stored in the Provider’s IT systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. Purchase orders and invoices are stored on a reliable and durable medium that can be used as proof.

ARTICLE 7 - ACCESS TO THE i-Topo SERVICE

Access to the i-Topo service is granted through authentication using the login details provided during the creation of a Client account.

The Buyer provides the following information when creating their account:

  • Name of the company
  • Category (distributor, local authority, company, other)
  • Company phone number
  • Company postal address
  • Name and surname of the designated user
  • Email address
  • Phone number of the designated user
  • Username
  • Password

This data is necessary for the proper functioning of the application.

In general, the Buyer must fill in all fields truthfully and accurately.

The use of an account on the i-Topo solution is strictly reserved for users within the Buyer’s company.

The Buyer is obliged to keep its username and password confidential. LIJE TECHNOLOGIES assumes no responsibility for any damages caused by fraudulent use of the Buyer’s online account.

The Buyer undertakes to immediately inform LIJE TECHNOLOGIES of any unauthorised use of their account. Any lost password will be reset by LIJE TECHNOLOGIES upon request from the Buyer. LIJE TECHNOLOGIES reserves the right to refuse excessive password reset requests made by the Buyer, as the Buyer can reset their username and password independently.

In the event of non-compliance with these Terms and/or fraud detected by a third party, a judicial authority, or LIJE TECHNOLOGIES services, the latter reserves the right to suspend or delete the Buyer’s account.

Any new registration request following the deletion of a Client account under the above conditions will be subject to the express approval of LIJE TECHNOLOGIES.

ARTICLE 8 - INFORMATION ON SERVICES

  1. The services governed by these general conditions are those listed on the Provider’s website and indicated as being performed by the Provider or under its control, in accordance with the aforementioned terms and conditions of use.
  2. The services are described and presented as accurately as possible within the framework of the terms and conditions of use. However, if any errors or omissions occur in this description, the Provider cannot be held liable.

ARTICLE 9 – PRICES

  1. Unless otherwise agreed, the Buyer may subscribe to an offer through a licence. The price offer is only valid for the duration of the contract, excluding tacit renewal. Should the pricing change, the Provider will issue an amendment to the Buyer upon contract renewal.
  2. The Buyer may request a quotation from the Provider, particularly for a customised licence, in order to adapt the services to the Buyer’s needs.
  3. If applicable, any interventions by the i-Topo technician and trainer for the Buyer may also be invoiced after a duly approved quotation.
  4. The applicable VAT will be the one in force on the invoicing date.
  5. Delays or other unforeseen problems beyond the Provider’s control may result in additional fees, which may be subject to supplementary invoicing. The Provider undertakes to inform the Buyer of such delays and/or issues as soon as they arise, to assess the consequences together.
  6. Invoice payment is due within 30 days from the end of the month. Invoices will be made available to the Buyer immediately via email, post, or any digital platform chosen by the Buyer. The Buyer will be responsible for generating it directly from their account.
  7. The Provider is entitled to suspend the services until full payment of the outstanding invoice, without this being considered as the Provider’s liability.
  8. In accordance with the law, any late payment requires the Provider to charge late interest at a rate of 10 points above the ECB refinancing rate, plus a fixed penalty of €40.

ARTICLE 10 – PAYMENT METHOD

  1. Payment for the order must be made in accordance with the terms of Article 3. Each invoice includes the IBAN. The Provider reserves the right to suspend access to the i-Topo platform in the event of non-payment. The Provider specifically reserves the right to deny access to the i-Topo platform to a Buyer who has not fully or partially paid for an order.
  2. As part of verification, the Buyer may be required to send the Provider a copy of documents proving the existence of the company (Kbis extract, etc.). The order will only be validated after the Provider has received and verified the submitted documents.
  3. Any late payment will result in the immediate demand for full payment of all amounts owed by the Buyer to the Provider, without prejudice to any other legal action the Provider may take against the Buyer.

ARTICLE 11 – TERMS OF PERFORMANCE – RENEWAL-TERMINATION

  1. Execution begins upon account activation, but the Provider reserves the right to suspend it in case of non-payment.
  2. The service is tacitly renewed. Unless the Buyer gives prior notice, the services are renewed for a period of 1 year under the same conditions.
    However, if the licence has been modified during the term, the renewal will follow the latest terms.
    The Buyer may terminate their account at any time by sending a registered letter to the following address: LIJE TECHNOLOGIES – PARC OCEALIM – 10 avenue Maryse BASTIE 87 270 COUZEIX
    In the event of termination, regardless of the reason, the client will not be entitled to request a refund.
  3. The Buyer may terminate their account at any time by sending a registered letter to the following address: LIJE TECHNOLOGIES – PARC OCEALIM – 10 avenue Maryse BASTIE 87 270 COUZEIX
  4. In the event of termination, regardless of the reason, the client will not be entitled to request a refund.
    The Buyer may retrieve all their data before account termination if they wish. The Buyer may at any time download or export their data via the web platform (photo by photo and/or site by site). To retrieve all data in a single operation, the Provider offers the Buyer a reversibility plan on a dedicated server, at a cost of €150.00 excluding VAT. All publicly available data will remain accessible on the platform after termination.

ARTICLE 12 – OBLIGATIONS OF THE PROVIDER

The Provider’s commitments constitute an obligation of means. The services will be carried out in strict compliance with professional standards and in accordance with the terms and conditions of the contract. To this end, the Provider will assign professionals with the necessary skills to execute the services in accordance with its quality standards.

ARTICLE 13 – OBLIGATIONS OF THE BUYER

To ensure the proper execution of the services, the Buyer commits to:

  • Give the Provider complete, accurate, and timely information and documents.
  • Take decisions in a timely manner and obtain the necessary hierarchical approvals.
  • Appoint a representative with decision-making authority.
  • Ensure that key contacts and the representative are available throughout the execution of the services.
  • Inform the Provider directly of any potential difficulties related to the execution of the services.

ARTICLE 14 – INFORMATION AND PUBLICITY

  1. Each party agrees not to disclose confidential information received from the other party. Confidential information refers to all types of information, whether visual or oral, on any medium, related to the company, organisation, business, various internal policies, projects, and personnel of each party. Subject to the exceptions outlined below, this confidentiality obligation will remain in effect for three years after the completion of the services. The content of the services and all documents (letters, information, quotation, etc.) provided by the Provider during the execution of the services are also considered confidential. These documents are provided to the Buyer strictly for internal use, with the condition that they shall not be disclosed to third parties or attached to any document they may produce. If the Buyer wishes for all or part of these documents to be disclosed to or used by a third party, they must request prior written authorisation from the Provider. The applicable terms of this disclosure will then be defined.
  2. The above obligations and restrictions do not apply to:
    – Confidential information that is in the public domain or was freely acquired before the start of the service.
    – Information that is or becomes known through means other than a breach of this article.
    – Information that is or becomes known through other sources not subject to disclosure restrictions.
    – Or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require disclosure of confidential information.

Subject to its confidentiality obligations, the Provider reserves the right to perform services for companies that compete with the Buyer. The Buyer acknowledges and accepts that:

– Unless expressly requested otherwise by the other party, the parties may correspond and transfer documents via email over the Internet.

– Neither party has control over the capacity, reliability, access, or security of these emails.

– The Provider shall not be held responsible for any loss, damage, costs, or harm resulting from the loss, delay, interception, misdirection, or alteration of any email for any reason.

ARTICLE 15 –DATA PROTECTION AND PRIVACY

In general, the parties agree to comply with the applicable regulations on personal data protection, particularly the provisions of Law 78-17 of 6 January 1978 on data processing, files, and individual liberties.
In accordance with Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the Buyer are necessary for processing their order and issuing invoices.

These data may be shared with the Provider’s partners responsible for executing, processing, managing, and paying for orders.
The processing of information communicated through the website https://en.i-topo.com/ complies with legal requirements regarding personal data protection, with the information system ensuring optimal data security.
To ensure maintenance and service monitoring, the Provider may access the Buyer’s i-Topo account. No corrective action will be carried out by the Provider without the Buyer’s prior consent.
In accordance with national and European regulations in force, the client has a permanent right to access, modify, correct, oppose, transfer, and limit the processing of their personal data.
This right may be exercised under the conditions and procedures defined on the website https://en.i-topo.com/

ARTICLE 16 – INTELLECTUAL PROPERTY

  1. The Buyer remains the owner of the data of a site they create on i-Topo: photos, images, representations, and information related to the site, as well as all associated metadata.
    However, data uploaded to i-Topo by a guest cannot belong to them. Only the Buyer who created the collaborative site owns the data related to it. Only the buyer who created the collaborative site is the owner of the data relating to it.
    Neither the Buyer nor the guest may hold LIJE TECHNOLOGIES liable or claim any compensation for the use of photographs, images, and representations they upload to the website https://fr.i-topo.com/. By exception, if the Buyer decides to share some of their data with all i-Topo users, they agree to transfer ownership and all related rights of this data free of charge to LIJE TECHNOLOGIES.
  2. As part of data sharing, a moderator appointed by the Provider reserves the right to remove any photographs, images, and representations uploaded by the Buyer if they are unusable, irrelevant to the intended purpose, inappropriate, or infringe on privacy.
  3. Each photograph, image, and representation rejected by the Provider’s moderator will be notified to the submitting Buyer via email.
    No liability shall be sought or incurred regarding the Provider’s decision to retain or remove photographs, images, and representations uploaded by Buyers.
  4. The Provider reserves all rights attached to the ownership of photographs, images, and representations transferred to it by the Buyer.
  5. No party may mention or use the name, trade name, trademarks, logos, or other designations, whether commercial or not, of the other party without prior written consent. As an exception to the above, the Provider may use the Buyer’s name, trade name, trademarks, and logos during the contract period strictly as necessary for service execution, including future service proposals. Furthermore, upon completion of the services, the Buyer authorises the Provider to reference their name/trade name as a client and, where applicable, accompany this reference with a general description of the services performed.
  6. It is expressly agreed between the parties that the i-Topo usage licence granted to the Buyer does not entitle them to represent or reproduce the content, LOGOs, images, sounds, or generally any data available on the i-Topo website and application.

ARTICLE 17 – DOCUMENTS

  1. The Provider will keep the original documents that have been handed over to it and will return them to the Buyer upon request. All documents, data, or information provided by the Buyer will remain their property.
  2. The Provider will keep a copy only of the documents necessary for the preparation of their working files. The working documents prepared as part of the services are the property of LIJE TECHNOLOGIES and are protected by professional secrecy.

ARTICLE 18 – LIABILITY OF THE PROVIDER

The Provider cannot be held liable in the following cases:

  • Due to a failure or deficiency of LIJE TECHNOLOGIES or one of its service providers or subcontractors, concerning a service that is not their responsibility.
  • For facts and/or data that do not fall within the scope of the services and/or are not an extension thereof.
  • If the results of the services are used for a purpose or context other than that for which they were intended. If the recommendations are incorrectly implemented or if the Provider’s reservations are not taken into account.

Neither the Provider nor its insurers shall be liable for indirect damage, loss of profit, lost opportunities or expected profits, or financial consequences of any legal actions brought by third parties against the Buyer.

ARTICLE 19 – CLAIMS

All claims, whether amicable or legal, concerning the execution of the services must be made within one year from the completion of the service.

ARTICLE 20 – FORCE MAJEURE

Any circumstances beyond the control of the parties that prevent the normal execution of their obligations shall be considered grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately inform the other party of their occurrence and cessation.
The term “force majeure” refers to all events or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and cannot be prevented despite all reasonable efforts on their part. Expressly considered as force majeure or fortuitous events, in addition to those usually recognised by French courts and tribunals, are: transport or supply blockages, earthquakes, fires, storms, floods, lightning, telecommunications network failures, or difficulties specific to external telecommunications networks affecting clients.
The parties will consult to assess the impact of the event and agree on the conditions for continuing contract execution. If the force majeure event lasts more than three months, these general terms may be terminated by the affected party.

ARTICLE 21 – PARTIAL INVALIDITY

If one or more provisions of these general terms are deemed invalid or declared as such under a law, regulation, or following a final decision of a competent court, the remaining provisions shall retain their full force and effect.

ARTiCLE 22 – APPLICABLE LAW

These general terms are subject to the application of French law. The parties submit any disputes to the competent court of Limoges.

The photographs, images, and representations, as well as the comments attached to them, contained on the i-Topo platform, have only relative value and cannot constitute irrefutable proof. They do not exempt each user from complying with applicable legal and regulatory provisions, particularly regarding DT and DICT requirements.

ARTICLE 23 – GENERAL TERMS OF USE

The general conditions of use are detailed in the user guide below.

Download the guide