Terms and Conditions of Use (“Terms”). Effective 04/08/2024.
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The Mobile App. This Mobile App named “Shared
Resources”, including all pages and content made available
(“Mobile App”) is owned and operated by
HUMANITARIAN LOGISTICS COOPERATIVE (HULO), a European
Cooperative Company having its registered office at 89 rue de Paris
92110 Clichy, France and registered under number 903 751 154 RCS
Nanterre (the "Company"). For any other
information or support regarding the Mobile App please email
shared-resources@hulo.coop. The
Legal Information about the Company can
be found
here.
The Mobile App grants You access to the content, products and
services displayed by the Company (the
“Services”). Access to the Mobile App or
the Services does not include the provision of internet or other
telecommunication access which remain at all
times
your sole responsibility.
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Acceptance of the Terms. Please read these Terms
carefully before using this Mobile App. Using this Mobile App indicates
that (i) You accept these Terms and (ii) You agree to comply and be
bound by them and to comply with all laws and regulations applicable to
the Mobile App and the Services. If You do not accept these Terms, then
You will not have access to this Mobile App. We recommend that You print
a copy of these Terms for future reference.
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Amendment to the Terms. The Company reserves
the right to amend the Terms at any time and
will post any variations or updates on this link. Amended Terms shall be
effective and binding on You upon publication or at such time as may be
prescribed by the Company. You are advised to review the Terms on a
regular basis as You will be deemed to have accepted variations or
updates if You continue using the Mobile App after the amended Terms are
effective.
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Privacy Terms and Privacy Policy. We will process
certain personal data about You when You access and use the Mobile App
in particular: your full name; the professional email address and name
of the humanitarian organisation or partner of the Company of which You
are a part; your country of intervention; the department and position to
which You are assigned; as well as your password; other information as
may be required to verify your identity; and any other information as
may be required to allow the Company to comply with all legal and
regulatory obligations under the applicable laws. For more details about
how the Company deals with your personal data and how You can access
such data, please read our Privacy and Cookie Policy by clicking
here. You
must not open an Account or otherwise access and/or use the Mobile
App and/or the Services (whether in part or in whole) unless You consent
to the collection, use and disclosure of personal data by the Company as
set out in the Privacy Policy. Your opening of an Account, access and/or
use of the Mobile App and/or the Services (whether in part or in whole),
shall constitute your acknowledgement and acceptance of the Privacy
Policy and your consent to the collection, use and disclosure of
personal data by the Company in accordance therewith.
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Eligible User. To access and use the Mobile App and the
Services, You must (i) be an individual not be less than 18 years old
and; (ii) be a part of a humanitarian organisation or partner of the
Company (“Eligible User”).
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Organisation Supervisor and Country Supervisor. Each
Company's humanitarian organisation appoints one or more
supervisors (individually the “Organisation Supervisor”) who may use the Mobile
App and the Services via their own
account. These Organisation Supervisors may appoint one or more
supervisors for each country of intervention (individually the
“Country Supervisor”). The Organisation
Supervisor and/or the Country Supervisor may, via their accounts, allow
each member of their humanitarian organisation (a “Humanitarian User”) to
benefit from an individual sub-account in order to use the
Mobile App and the Services within the limits of these Terms.
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Humanitarian User. Your account and its use are
directly and entirely verified and managed by your Organisation
Supervisor and, where applicable, your Country Supervisor. This
management is understood in a broad sense, and covers, for example, the
following cases without limitation: (a) all information provided in the
scope of the Mobile App, the Services or the contact list; (b) all
content published on the Mobile App, including ads and messages via the
messaging service, and their reporting; (c) any account creation,
suspension or deletion and all other related measures. The Company does
not assume any liability whatsoever in this respect. However, the
Company manages the accounts of the Organisation Supervisors and the
Country Supervisors themselves.
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Account registration. All Eligible Users must first
request for an Account creation on the Mobile App (the
“Account”). When issuing a request for an
Account, You undertake to provide true, accurate, up-to-date and
complete information. It is important that You always maintain and
promptly update your Account information to keep such information
up-to-date and complete at all times. Through the registration process,
Eligible Users will be asked to provide the following information: your
full name; the professional email address and name of the humanitarian
organisation or partner of the Company of which You are a part; your
country of intervention; your city; the department and position to which
You are assigned. A verification code will be sent to the professional
email address You provided. You will also have to choose a password
enabling You to identify yourself every time You access the Mobile App.
The creation of your Account must be approved by: (a) your Organisation
Supervisor, and where necessary, your Country Supervisor if You are a
Humanitarian User; or (b) the Company if You are a partner of the
Company or an Organisation Supervisor or a Country Supervisor. The
Company may also require any other information necessary to verify your
identity. You may only create one Account. Once the creation of your
account is validated, a pseudonym composed of your first name and the
two first letters of your name (where necessary accompanied with numbers
in case of homonyms) (the “Pseudonym”) will
be automatically attributed to You without possibility of modification
and will be visible for the others users when You publish content on the
Mobile App, notably in the scope of the contact list, the messaging
service or the ads. When creating your Account, You consent to appear on
the contact list of the users of the Mobile App, and to be visible and
contacted in particular through the messaging service, on which the
following information appears : your Pseudonym; the name of the
humanitarian organisation or partner of the Company of which You are a
part; your country of intervention; your city; the department and
position to which You are assigned.
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Data accuracy and completeness. You declare and warrant
that all data, or information provided and/or in the scope of Your use
of the Services and/or the Mobile App is complete, truthful and accurate
in all respects and that You will maintain such accuracy at all times.
You will be solely responsible to ensure that, at all times, all data,
or information provided and/or in the scope of Your use of the Services
and/or the Mobile App is provided within reasonable time, is not
misleading or deceptive in any respect, and does not omit anything that
affects or is likely to affect this data or information in any respect.
All changes made to Your data or information to manage your Account will
be reviewed by: (a) your Organisation Supervisor, and where necessary,
your Country Supervisor if You are a Humanitarian User; or (b) the
Company if You are a partner of the Company or an Organisation
Supervisor or a Country Supervisor.
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Responsibility of your Account. Your Account can only
be used by You and You acknowledge and agree that You shall be fully
liable at all times for any information, communication, transaction,
instruction, report, content and/or operation made or performed,
processed or effected through your Account by You (each an
“Instruction”), and for any dispute or
litigation arising therefrom, or by any person purporting to be You,
acting on your behalf or purportedly acting on your behalf, with or
without your consent. If You suspect or become aware of the unauthorized
use of your Account by any person other than yourself You must
immediately notify (a) your Organisation Supervisor, and where
necessary, your Country Supervisor if You are a Humanitarian User or (b) the Company if You are a partner of the Company
or an
Organisation Supervisor or a Country Supervisor. The Company shall not
be responsible for confirming and/or verifying any Instruction or for
monitoring or refusing to process any Instructions. You acknowledge and
agree that any records created and maintained by the Company of
Instructions by You or any person purporting to be You, acting on your
behalf or purportedly acting on your behalf, with or without your
consent, shall be binding on You for all purposes and shall be
conclusive evidence of such Instructions. You acknowledge and agree that
the Company may, at its sole discretion, refuse to act or defer acting
upon any Instruction with or without any notice to You.
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Ads. You can publish ads relating to a determined
category (for example office, consulting, donation, equipment, training,
accommodation, storage or transport) (collectively the
“Categories”) via the Mobile App (an
“Ad”). To post an Ad, You must complete a
specific questionnaire, which notably includes the selection of a
Category, the insertion of a title and an accurate description, and the
downloading of at least one a high-quality photo (or several where
necessary) corresponding to reality. The Ad will only be visible in your
country of intervention (except for partners of the Company who can
extend the territorial scope). Posting an Ad is an offer or request
likely to be accepted by one or several user(s). The Ad may be deleted
or modified at any time before it is accepted. Ads displayed by default
on the search results of the Mobile App may be sorted by (a) relevance
according to certain criteria (for example based on the keywords of the
search, as well as the language used); (b) by date of publication of the
Ads; (c) by Category of Ad; or (d) by city. Before any publication on
the Mobile App, any Ad will be reviewed by: (a) your Organisation
Supervisor, and where necessary, your Country Supervisor if You are a
Humanitarian User; or (b) the Company if You are a partner of the
Company or an Organisation Supervisor or a Country Supervisor, and may
be refused if your Ad does not comply with these Terms.
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Messaging service and contact list. You have access to
a contact list of the contact information (namely the Pseudonym, the
name of the humanitarian organisation or partner of the Company of which
You are a part; your country of intervention; your city; your department
and position) of the Mobile App’s users in your country of
intervention only (except Organisation Supervisors, and the
Company’s partners who have a broader access) with whom You can
exchange private message via a dedicated messaging service in particular
to obtain information related to Ads (the
“Messages”). These Messages shall not be
sent for the purpose of (i) advertisement (except partners of the
Company to the extent permitted by the Company); (ii) inappropriate
uses, in particular through direct mailing campaign of any kind
whatsoever; or (iii) fraudulent or detrimental uses (for example, that
constitutes a spam or a virus).
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Forbidden use of the Mobile App and/or the Services
: You must not use the Mobile App and/or any
Service: (i) in a way that causes, or is likely to cause, disruption,
damage, or impairment of any Service or of the Mobile App; or (ii) for
fraudulent purposes, or in connection with any crime or illegal activity
or in violation of any applicable law, statute, ordinance or regulation
or likely to be contrary to moral standards or public safety ; or (iii)
for the purpose of causing a disturbance, nuisance, or anxiety; or (iv)
if such use violates or infringes any rights of whatever nature,
including proprietary rights, intellectual property rights or, rights of
publicity, privacy or confidentiality, or any other right of the Company
or any third party, or otherwise causes harm to anyone; or (v) to use,
post, share, promote, encourage to or transmit any documents,
information or contents (including through the Ads and/or Messages)
available on or through the Mobile App which are or may be illegal,
misleading, incomplete, erroneous, offensive, inappropriate, indecent,
defamatory, threatening, abusive, hateful, harassing, tortious, violent,
vulgar, insulting, obscene, libellous, sexist, homophobic,
discriminatory, xenophobic, for terrorism, related to religion, worship
or propaganda, or otherwise objectionable or which may not be lawfully
disseminated under applicable laws or which are otherwise objectionable;
(vi) if such use impersonates any person or entity, including from a humanitarian organisation or partner of the
Company; (vii) with
any system or solution which contains a virus, or any other harmful
computer code, file, or program; (viii) in a manner which jeopardizes
the operation or the security of the Mobile App and/or the Services,
your Account or anyone else’s Account (such as allowing someone
else purporting as You to log in to the Mobile App and access Services);
(ix) if such use attempts, in any manner, to obtain or access the
password, Account, products, devices, systems, or other security
information from any other user or third party; (x) if such use violates
the security of any computer network, or cracks any passwords or
security encryption codes ; or (xi) for offering, sharing and/or in any
other way promoting links to other websites or mobile apps that provide
services similar to those offered by the Mobile App (collectively a
“Forbidden Use”). You shall be liable to
the Company and/or affected third parties for any Forbidden Use of your
Account. The Mobile App may use software and automated algorithms to
detect any action that may constitute a Forbidden Use of the Mobile App
and/or the Services and remove any related content.
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Reporting content. You may report any content, in
particular an Ad or a Message that You deem inappropriate and in breach
of these Terms by specifying the reason of your report to: (a) your
Organisation Supervisor, and where necessary, your Country Supervisor if
You are a Humanitarian User; or (b) the Company if You are a partner of
the Company or an Organisation Supervisor or a Country Supervisor. To
this respect, You may either (a) click on the “Report”
button displayed in an Ad or in a messaging service; (b) contact the
support of the Mobile App through the contact form; (c) or send an email
to
shared-resources@hulo.coop. Any
report will automatically block the content. If the report is
justified, the Company will inform the concerned Organisation
Supervisor, and/or where necessary the Country Supervisor if You are a
Humanitarian User, in order to take the necessary measures against the
targeted user. If the report is not justified, the Company will publish
the content.
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Company’s role in agreements concluded between You and third
parties. While the Company, through the Mobile App, helps facilitate
communication and transactions with users that are carried out through
the Mobile App (or any other third party, for example following
publication of an Ad or receipt of a message via the messaging service),
the Company a) has no involvement in determining the content of the Ads
and b) is neither the buyer nor the seller of any user’s or third
party's items or services. Accordingly, the agreement or the
contract You formed with a user or any other third party following an Ad
or a Message, or at the completion of a sale and/or services is solely
binding You and that user or third party. The Company is not a party to
this agreement and does not assume any responsibility or liability
arising out of or in connection with it, nor it is the user or third
party's agent. The Company does not warrant the Ads, offers,
requests of users or third parties, nor the contents. The Company does
not assume any responsibility or liability for (i) the actions,
products, services, and content of any users or other third parties, and
(ii) any losses, liabilities, damages, costs and/or expenses, including
any direct, indirect, incidental, special, consequential or punitive
damages or economic loss or any claims for loss of profits or loss of
use (collectively “Losses”), howsoever
caused or arising (including without limitation, cyberattack), in
connection with your access to the Mobile App and/or Services, content,
materials, or products from a user or any third party, or for any
purchase and/or made in relation thereto.
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Our liability. The Company
will do its utmost to ensure that availability of the Mobile App and the
Services will be uninterrupted and that transmissions will be
error-free. However, due to the nature of the internet, this cannot be
100% guaranteed. Also, your access to the Mobile App and/or the Services
may also be occasionally suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities, services or
features. The Company will attempt to limit the frequency and duration
of any such suspension or restriction. The Company will not be
responsible for (i) losses that were not caused by any breach on its
part, or (ii) any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure),
or (iii) any indirect or consequential losses.
The Company will not be held responsible for any delay or failure to
comply with its obligations under these Terms if the delay or failure
arises from any cause which is due to a force majeure as defined under
French law. The laws of some countries do not allow some or all of the
limitations described above. If these laws apply to You, some or all of
the above limitations may not apply to You. The Company may, at any
moment, cease or suspend the operation of the Mobile App or sell it to a
third party.
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Security of your Account. If You use any Service or the
Mobile App, You are responsible for maintaining
the confidentiality of your Account and password, for restricting access
to your mobile devices used to access the Mobile App or the Services,
and to the extent permitted by applicable law, You agree to accept
responsibility and liability for all activities that occur under your
Account or password. In accessing and/or using the Mobile App and/or the
Services after the double-identification process, You agree that it is
your sole responsibility to ensure your compliance with the following at
all times: (a) these Terms; and (b) all applicable laws and regulations
(whether in or out of France). You must take all reasonable steps to
ensure that your password remains confidential and secure, and must
notify us immediately of any unauthorized use, or suspected unauthorized
use, of your Account or any other breach of security. We are not liable
for any loss or damage arising from your failure to comply with the
above requirements or from any losses resulting from unauthorized access
to or use of your Account or the Services. You may be liable to the
Company or third parties for such unauthorized access or use.
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Investigations. Any investigations of your Account may
be carried out at any time, notably when there is a doubt on the fact
that it is not used in accordance with these Terms, including but not
limited to the following cases: (i) You and/or your Account is/are
associated with any unusual or illegal activities, including any form of
fraud or wrongful or suspicious activities reported or as Forbidden Use;
(iii) You and/or your Account is/are related to any pending litigation
or investigation proceedings by any authority (whether in or out of
France), including any applicable regulatory authority; (iv) there are
security risks associated with your Account that cannot be or have not
been adequately mitigated or resolved; (v) You and/or the operation of
your Account is in breach of any applicable laws or regulations (whether
in or out of France). These investigations will be carried out by: (a)
your Organisation Supervisor, and where necessary, your Country
Supervisor if You are a Humanitarian User; or (b) the Company if You are
a partner of the Company or an Organisation Supervisor or a Country
Supervisor. In this scope, it may be asked You to answer certain
questions or provide certain information or documents, or to rectify
incorrect or incomplete information.
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Deletion/Suspension of Account. Sanctions may be taken
against You, with or without notice, such as (i) suspension or
restriction of your Account; (ii) refusal to provide any Service; (iii)
blocking of any content (including Ads and Messages); (iv) to deletion
of your Account; or (v) imposing warnings or any other penalty measure
if (a) You are no longer a member of the humanitarian organisation or
partner of the Company for which You created your account; (b) your
Organisation Supervisor, and where necessary your Country Supervisor if
You are a Humanitarian User, or the Company if You are a partner of the
Company or an Organisation Supervisor or a Country Supervisor and/or any
authority is of the opinion that it is not suitable to continue
providing the Services and/or operate the Mobile App, whether generally
or specifically to You; and/or (c) your conduct gives reason to do so
(for example, if You have been the object of one or several report(s) or
warning(s) or if You have unjustly reported content several times);
and/or (d) in case of your breach of your obligations under the
agreements concluded with users or any other third party. This will be
the case, for example, if You violate applicable laws or regulations,
these Terms, or our applicable policies, all of which are accessible
from the Mobile App, or if wrongful or suspicious activities pertaining
to You or your Account are reported (the
“Sanctions”). Sanctions are taken and
managed by: (a) your Organisation Supervisor, and where necessary, your
Country Supervisor if You are a Humanitarian User; or (b) the Company if
You are a partner of the Company or an Organisation Supervisor or a
Country Supervisor. In this scope, and in case of an Account suspension,
You may request to reactivate your suspended Account by filing a
request, and it may be required You to provide any necessary information
and/or documents before deciding on whether to reactivate your Account.
In case of a disagreement, You are encouraged to contact (a) if You are
a Humanitarian User, your Organisation Supervisor, and where necessary,
your Country Supervisor; (b) if You are a partner of the Company or an
Organisation Supervisor or a Country Supervisor, the Company via the
contact form available on the Mobile App in order to find an amicable
solution.
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Closing your Account. You may close your Account by
following the instructions on the Mobile App or by sending an email to
shared-resources@hulo.coop. Where
You attempt to close your Account that is the subject of an
investigation, the closing of your Account may be refused until the end
of the investigations and until all necessary measures have been taken
(where necessary). Where You close your Account, You shall remain liable
for all commitments and/or obligations arising from or in connection
with such Account.
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Intellectual property rights. All content included in
or made available through the Mobile App, such as text, graphics, logos,
button icons, images, audio clips, digital downloads and data
compilations is the property of the Company, or of the entities of its
group, or of its content suppliers and is protected by French laws on
intellectual property rights, authors’ right and personal data
right. The system, software, compilation, page layout and the design of
all content included in or made available through the Mobile App, or any
Service is the exclusive property of the Company and is protected by
French laws on intellectual property right, authors’ right and
personal data right. You may not extract and/or re-use parts of the
content of the Mobile App and any Service without our express written
consent. In particular, You may not use any data mining tools, robots,
or similar data gathering and extraction tools to extract (whether once
or many times) for re-use any substantial parts of the content of the
Mobile App or any Service, without our express written consent. You may
also not create and/or publish your own database that features
substantial parts of the Mobile App and/or any Service without the
Company’s express written consent. Your possession, access,
download, installation, or use of the Mobile App or the Services does
not transfer to You or any third party any rights, titles, or interest
relating to such intellectual property rights. The Company and its
affiliates, licensors and suppliers reserve all rights not granted in
these Terms.
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Warranty Disclaimers. We do not guarantee You
uninterrupted Services or connectivity for the Mobile App or the
Services. The Mobile App and Services are provided “as is”
and “as available” and the Company expressly disclaim (and
You hereby waive) any and all warranties and conditions of any kind,
whether express, implied or statutory, including any and all implied
warranties of merchantability, fitness for a particular purpose,
accuracy, and non-infringement. The Company make no warranty that
defects will be corrected or that the Mobile App or the Services: (i)
will meet your requirements; (ii) will be compatible with your mobile
device; or (iii) will be available on an uninterrupted, timely, secure,
or error-free basis. No advice or information, whether oral or written,
obtained by You through the Mobile App or the Services shall create any
warranty.
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Notices. You acknowledge and agree that any
communication and/or document to be sent to You may be by way of
electronic communication or through the Mobile App, and You shall be
considered to have received any such communication and/or document: (i)
at the time of posting of such communication to the Mobile App, (or
through email) or at any other time which may be prescribed in such
communication; (ii) at the time of which the email containing such
communication and/or document is sent to You.
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Severability. If any provision of the Terms or part
thereof is rendered, for whatever reason, void, invalid, illegal or
unenforceable, the affected provision shall be rendered void, invalid,
illegal or unenforceable only to that extent and it shall not affect or
prejudice the enforceability of the remainder of the affected provision
or the other provisions of the Terms.
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Waiver. If You breach any of these Terms and no action
is taken, this does not constitute a waiver, and all rights and remedies
may be carried out in any other situation where You would breach these
Terms.
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Applicable Law – Competent Jurisdiction. These
Terms are governed by and construed in accordance with the laws of
France, without regard to rules governing conflicts of law. The United
Nations Convention on Contracts for the International Sale of Goods
shall not apply to these Terms. All
claims or disputes arising from or relating to these Terms
or your use and/or access to the Mobile App or relating to it, shall
only be settled under the exclusive jurisdiction of French
Courts.