Terms

General Terms of Use – Avocachet

Last update: June 2024

Legal notice

Information about the publisher, hosting, and data protection officer is available on the “Legal Notice” page of the site.

Acceptance of the Terms

Using the avocachet.fr website (the “Site”) implies full acceptance of these General Terms of Use (GTU), which govern every interaction with the platform.

The GTU are provided when an Account is created and remain applicable to every one-off transaction or subscription to a Service marketed by the Company.

Users confirm that they are lawyers and have the necessary authority to enter into these Terms and use the Services, and they acknowledge having read and accepted the GTU by ticking the dedicated box.

These GTU must be read alongside the Privacy Policy and the Pricing Conditions available on the platform.

Purpose

The GTU and the Privacy Policy form the binding contract between the Company and the Users.

The version of the GTU available on the Site at the time of use supersedes all previous versions. The data stored on the Company’s systems constitute proof of the transactions carried out by the User.

The Company may amend the GTU at any time. In such cases, the version in force when the Account was created applies.

Users are informed of the changes by email or via the Site. They must review and explicitly accept the revised terms before accessing the Site again.

We recommend keeping a copy of these GTU on paper or on a secure device.

Browsing the Site

The Site can be accessed free of charge without creating an Account.

The Company provides all of the relevant information needed to understand, subscribe to, operate, and use the Services.

All information, descriptions, statistics, and indicators are provided for information purposes only. Nothing on the Site should be construed as a recommendation. Although the Company strives to provide accurate content, it cannot guarantee that it is exhaustive.

Account

The Services are only available to Users with an Account on the platform.

Accounts are accessible 24/7 except during maintenance or updates.

The Account holder, acting as a lawyer, declares that they have the required capacity and/or permissions to use the Services and holds the Company harmless from any liability arising from false statements.

The Account holder acts in their own name, undertakes to use the Services in good faith, for lawful purposes, and in compliance with these GTU.

Creating and accessing the Account

Mandatory information. Any User can create an Account by:

  • Providing their email address (username);
  • Configuring a strong password with at least eight characters;
  • Accepting the GTU, the Privacy Policy, and the Pricing Conditions.

Optional information. The User is then invited to complete their profile with their first and last name. They are solely responsible for protecting their password and must immediately inform the Company at contact@mirehub.fr if it is lost or stolen. The Company cannot be held liable for the loss or theft of credentials or the resulting consequences. The Client also undertakes to provide accurate civil information; the Company declines any responsibility in the event of errors in the information provided.

Blocking the Account

The Company may block an Account at any time, notably in the following cases:

  • The Client breaches any provision of the GTU;
  • A payment default is detected;
  • The Client requests it after a loss or theft of their password.

Clients affected by a block will be notified immediately. Such blocking does not give rise to any compensation.

Deleting the Account

The Client may delete the Account at any time via the “delete my account” tab.

Deleting the Account suspends access to the Services. Any subscription ends on the last day of the month in which the deletion occurs.

The Client may reactivate the Account at any time.

Pricing

To access the Service, the Client must select the desired offer on the Site, add it to the “cart”, confirm the order, and pay the indicated price (the “Order”).

Once payment has been received, the Company emails the Client an order summary and an invoice.

The Company reserves the right to refuse or cancel any Order in case of insufficient funds or an ongoing payment dispute.

If a Service becomes unavailable after payment, the Company will inform the Client as soon as possible, cancel the Order, and refund the payment.

Service prices are clearly displayed on the Site in euros excluding applicable taxes. Prices may change, but confirmed orders remain unaffected.

Payments are processed through Stripe, ensuring secure transactions. Clients must review and accept Stripe’s terms before paying.

Right of withdrawal. Under applicable law, the right of withdrawal does not apply to services provided to professional Clients acting as lawyers within the scope of their main activity.

Trial period and termination

Trial period. The 7-day trial starts upon subscription and provides full access to the Service.

Termination. The GTU may be terminated if a law or regulation change prevents the Company or its employees from providing the contracted Services, or when the Client initiates the account deletion procedure.

The Company may also terminate the GTU in cases of serious breach of any provision.

Either Party may terminate for breach if the other Party fails to remedy such breach within thirty (30) days of receiving written notice.

The Company may terminate the Service if it ceases operations or enters insolvency proceedings that are not resolved within 90 days.

Consequences. Upon termination, all rights granted to the Client under these GTU immediately cease, and the Client remains liable for Service fees up to the termination date.

Liability of the Company

The Company undertakes to provide the Service with due care and in line with industry standards, and its liability is limited as follows.

Scope: the Company is only liable for direct damages caused by a proven fault in delivering the Services. The Company is not liable for indirect damages such as loss of data, profits, clientele, business interruption, or any damage not directly and exclusively resulting from the Company’s fault.

Liability cap: total liability is capped at the Service fees paid by the Client during the twelve (12) months preceding the triggering event.

Exclusions: the limitation does not apply in cases of willful misconduct, gross negligence, or bodily injury or death caused by the Company.

Force majeure

Any event beyond the Parties’ reasonable control, unforeseeable and insurmountable, constitutes force majeure. The Company cannot be held liable for delays or failures caused by events beyond its control (acts of government, severe weather, power outages, lightning, fire, administrative decisions, war, civil unrest, actions or omissions of other telecom operators, pandemics, etc.).

Any such circumstances arising after contract conclusion that prevent the normal provision of Services release the Parties from their obligations, in whole or in part. The Company cannot be held liable for resulting interruptions.

Intellectual property

All intellectual property rights in the Site—excluding User-generated content—belong to the Company and are made available solely for the use of the Service. Any use without prior authorization is prohibited.

The Company is the producer of the Site’s database. Any unauthorized extraction or reproduction is forbidden.

No waiver

If the Company does not require a clause to be performed at a given time, it does not waive its right to enforce it later.

The invalidity of one clause does not affect the validity of the remaining clauses.

Applicable law and jurisdiction

These GTU are governed by French law.

In the event of a dispute, the Client must first attempt an amicable resolution by sending a written complaint to the Company by registered letter.

No action may be brought against the Company without prior formal notice sent by registered letter with acknowledgment of receipt.

Jurisdiction: for professional Clients, any dispute that cannot be resolved amicably shall be brought before the courts within the jurisdiction of the Paris Court of Appeal.