Version from 08 January 2014
MyBestPro SAS is a simplified joint stock company with a capital of 1.444.268,40 euros, registered with the Register of Commerce and Companies of Paris under registration number 478 444 474, whose headquarters are located at 12 rue de Penthièvre, 75008, Paris, France (“MyBestPro SAS”).
WENGO is a community service based on a web contact platform managed by MyBestPro SAS (the “Platform” or “WENGO”); its purpose is to connect members wishing to supply online services (the “Providers”) with members wishing to have access to those services (the “Users”). Providers and Users are hereafter collectively or individually referred to as “Members” of the platform.
The Terms and Conditions (hereafter referred to as the “Terms and Conditions”) define the rights and obligations of any Member using the Platform as well as the responsibilities of MyBestPro SAS in managing the Platform.
This document is sub-divided into three parts:
General Terms and Conditions applicable to all Members
Specific conditions applicable to Providers
Specific conditions applicable to Users
In addition to the Terms and Conditions, the Member is invited to read and accept the following contractual documents (the “Ancillary Policies”) available by hyperlink:
Personal Data Protection Policy
Pricing and Payment Policy
Rules of Professional Conduct for Psychics
Responsible Internet Use (A guide for parents)
Statement of Moderation
Settlement of Disputes
By clicking the box agreeing to the Terms and Conditions, the Member acknowledges and consents to all Terms and Conditions as laid out in the Terms and Conditions and the Ancillary Policies. MyBestPro SAS cannot authorise the registration of a new Member as long as this Member has not accepted the Terms and Conditions.
If any terms of the Terms and Conditions contradict any terms of the Ancillary Policies, terms of the latter shall prevail.
I. General Terms and Conditions applicable to all Members
Confidential codes: personal codes in the form of a username and a password enabling the Member access to his Personal Account.
Personal Account: personal profile page of any Member in which personal information is kept accessible on the Site to which the Member may have internet access, through the IVS or through iPhone application upon entering one’s Confidential Codes.
Participant: any individual having full legal capacity in accordance with French law and who is at least 18 years of age, or any legal person whose registration has been validated by MyBestPro SAS.
Platform or WENGO: technical platform linking Users and Providers administered by MyBestPro SAS in the capacity of an online broker.
Provider: any Member offering the supply of services on the platform in a professional or non-professional capacity and according to the conditions defined by the same.
Service: service provided by any Provider on the Platform at the request and for the benefit of a User.
Partner: website, print, or television station within the same group as MyBestPro or company, having an existing partnership agreement with MyBestPro SAS ensuring the promotion of Providers of the Services.
Customer Service: Support service dedicated to users who can be contacted via e-mail at [email protected] or by mail addressed to MyBestPro SAS, 12 rue de Penthièvre, 75008, Paris, France.
Site:the MyBestPro SAS website accessible directly from the following URL: en.wengo.com or, indirectly, any URL address of a partner operated by MyBestPro SAS.
IVS: Interactive Voice Server allows any Member to access their Personal Account by telephone order and perform certain operations without going through the Site.
User: any Member receiving, at his request, the use of a service.
Subject to the specific conditions applicable to Providers, the following conditions need to be fulfilled before registration as a Member can take place:
As an individual:
Any individual enjoying full legal capacity in accordance with French law and aged at least 18 years;
Any individual, in order to allow the use of WENGO services by a minor, wherein they hold parental authority and only after having reviewed and accepted a parental internet guide.
As a professional:
Any person possessing an intra-community VAT number.
Pre-registration on the Platform (“Registration”) is required before use of WENGO by the Member. The new Member must provide all information requested by the online registration form or by telephone in order to enable MyBestPro SAS to approve creation of the account. The Member agrees to complete all mandatory fields on the form and to communicate to MyBestPro SAS accurate, complete and up-to-date information in order to enable MyBestPro SAS to validate the creation of his personal account. It is not possible for MyBestPro SAS to check that all information provided during registration is accurate, complete and up-to-date. Therefore, any Member is liable towards both other Members and MyBestPro SAS with regard to the accuracy of the information provided.
The Member acknowledges that the supply of any erroneous, incomplete, misleading or outdated information during his registration is likely to incur liability both in regard to other Members and to MyBestPro SAS. The Member is fully responsible for updating the information provided and, consequently, must promptly notify MyBestPro SAS with regard to any change in the information provided during the registration process. The Member assumes full responsibility towards both other Members and MyBestPro SAS with regard to the consequences of any omission or negligence in this respect.
The Member, relying on information provided by other Members, needs to use his own judgement when selecting a Provider and needs to take all standard precautions as justified by the circumstances, notably in view of the Service offered.
MyBestPro SAS has the right, with immediate effect and without prior notice, to suspend or terminate the registration of any Member, in case of the provision of erroneous, incomplete, misleading or outdated information and insofar as this information has a significant impact on (i) the conditions of Services given by the Provider concerned as the authorisation or the declaration of the activity to the competent authorities or (ii) on the fulfilment of obligations – in particular financial – by the said Member, MyBestPro SAS may, at its own discretion, suspend or revoke the Personal Account of the Member with immediate effect and without notice in accordance with article I.10.
MyBestPro SAS may, at its discretion, terminate the suspension or allow the re-registration of a Member once erroneous, incomplete, misleading or outdated information has been corrected or should it be shown that:
such information has not caused any loss or harm to any other Member or to MyBestPro SAS and/or
MyBestPro SAS considers that said Member acted in good faith with no intent to conceal or to fraud.
Upon creation of a Personal Account, MyBestPro SAS assigns Confidential Codes to the Member.
MyBestPro SAS reserves the right to ask the Member to modify all or part of his Confidential Code, notably for regulatory, technical or safety reasons, without the Member being able to oppose and/or claim compensation of any kind in this instance.
The Member is fully responsible for keeping his password confidential as said password is necessary to access the Platform. The Member needs to take appropriate measures in order to prevent third parties from becoming aware of his password.
Any transaction, as defined in article I.7. below, for which the Member can be identified through his password will be accepted by the Platform and shall be binding upon said Member.
The Member undertakes to immediately change his password if there is reasonable ground to believe in a breach of confidentiality or that unauthorised persons have, or may have access to his password: in such case, MyBestPro SAS will promptly suspend access to WENGO by means of the previous password.
I.3. Role of MyBestPro SAS
As the administrator of the MyBestPro SAS platform, MyBestPro SAS is an online broker and a technical intermediary introducing the Member to others through the Platform.
As laid out in the provisions of article I.7. below, MyBestPro SAS does not participate in the Services provided and is not party to any Transaction which is concluded directly between the Provider and the User. Therefore, except with regard to the provision of the Communications used on the Platform, MyBestPro SAS is not liable regarding the execution of any Transaction and provides no guarantee in relation to the proper execution of the Service or its payment by the User.
In particular, MyBestPro SAS does not interfere, has no control over, and is not responsible for:
the quality and/or the adequacy either with the initial offer of the Provider or with the law in force, or with the suitability of the Service offered by the Provider and, more generally, regarding the content of any Communication;
the reliability, the accuracy or the lawfulness of any information relating to the Service or the identification of the Members;
the professional qualifications of the Providers;
the solvency of the Users.
MyBestPro takes the technical responsibility for processing payments on the Platform.
If a dispute arises between two Members in relation to a Transaction to which they are parties, said Members are advised to contact MyBestPro SAS via the webmail service available in the “Support” section of their Personal Account in order to report that a dispute has emerged between them especially if the dispute concerns complaints or refunds. In accordance with article 1.1 of the Settlement of Disputes policy, the parties to the dispute should have previously attempted to settle their dispute between them before contacting MyBestPro SAS.
MyBestPro SAS is not responsible for the content of websites accessible from links posted by Members. It is up to the Member to take all necessary precautions to ensure that any links made available by him are free from viruses, worms, Trojan horses and other items of a destructive nature that could potentially undermine the devices of other Members and of WENGO.
I.5. Obligations of the Members
In Accessing MyBestPro SAS, the Member acknowledges and accepts to observe appropriate standards of behaviour based on no violation of the law in force, as well as moral values such as respect of others, courtesy, good faith and fairness. Any Member is entitled to report a violation of such appropriate standards by means of the rating system defined within the Rating Rules.
Any infringement of the law in force may be directly reported to MyBestPro SAS according to the provisions of article I.8. of the Terms and Conditions.
The Member acknowledges that he is solely responsible for the information that he makes available on the Platform. The Member acknowledges and undertakes to ensure that the data circulated through MyBestPro SAS does not violate any law in force. In this respect, MyBestPro SAS is entitled to withdraw from the Platform any content, data, information or offer of a Provider that is clearly illegal, or inappropriate of which MyBestPro SAS may become aware of, and to irrevocably suspend or terminate without prior notice the Registration of said Member.
The Member acknowledges and undertakes to circulate information that is fair, true and legitimate only. Moreover, the Member is prohibited from:
breaching or attempting to breach the security or the integrity of the Platform and, in particular, from:
carrying out any action liable to jeopardise or interfere with the proper operation of the Platform or of any Transaction undertaken on the Platform,to violate human dignity through a text, an image or a video of a racist, violent, pornographic or revisionist nature, to infringe the rights to privacy of others, to violate the legal provisions on intellectual property rights and particularly to commit any act that may constitute an infringement;
carrying out any action imposing an unreasonable workload on or of disproportionate significance to the Platform infrastructure,
accessing or attempting to access data not intended to be viewed by the Member, or
entering or attempting to enter a server or a Member account without the authorisation to access. The Member acknowledges and undertakes to take all measures to ensure that all data sent to MyBestPro SAS is free from any virus or harmful programme;
harassing, threatening, abusing or breaching the privacy of any other Member or circulating defamatory, insulting or libelous information, in particular by means of the rating system;
carrying out, without MyBestPro SAS’s express authorisation, any “framing” or “mirror site” operation virtually replicating the Platform, creating any hypertext link on another site pointing to the Platform or to include a hypertext link within any Service offer or profile pointing to a third party site in violation of the provisions of the Terms and Conditions. However, hypertext links put in place by Providers with the purpose of guiding Users to the Terms and Conditions, business regulations or a general information site related to the Provider’s business or to the Services offered are expressly permitted;
providing any misleading or deliberately false or inaccurate information in the course both of Registration and the placing of a Service Offer on line;
using data on other Members for inappropriate or unlawful purposes such as unsolicited business offers, offers to participate in lotteries, raffles, sweepstakes or competitions, chain letters and suchlike, or in violation with the terms of the Personal Data Protection Policy;
posting a false rating on himself or other Members.
I.6. Intellectual property
Any infringement by third parties, or act likely to be qualified as such, of which the Member is aware, must be reported to MyBestPro SAS which will proceed to prosecute the case reported.
All brands and logos, including property logos and marks belonging to MyBestPro SAS or its partners are protected by appropriate records from the relevant offices.
Websites: All text, images, icons, designs, graphics, photographs, programs and other components of the Websites are the property of MyBestPro SAS or its partners and are protected by French copyright laws.
Any commercial or non-commercial use of images, texts, icons, designs, graphics, photographs, programs and other components of the Websites without the prior written consent of MyBestPro SAS or its partners is strictly prohibited.
MyBestPro SAS assumes no liability whatsoever in the event of an infringement action between the Members, or more generally, in the event of any infringement action filed by a third party to a Member.
I.7. Concluding Transactions
When a User wants to order a Service, the User must first accept the Terms and Conditions applicable before requesting to contact the Provider of such Service (“Connection Request”).
The Connection Request is valid once: i) the User has acknowledged and accepted Terms and Conditions applicable to the Service ordered and ii) the Provider has acknowledged receiving the User’s acceptance.
However, a Service contract (“Transaction”) is binding between the User and the Provider as soon as:
the Provider and the User are connected through a Communication,
the Provider has accepted the Connection Request.
The User acknowledges that the Connection Request does not constitute acceptance of a binding offer of Service; the Transaction will be executed if the Provider acknowledges and accepts the Connection Request
The User will not be charged prior to the start of the Communication selected to provide the Service according to the provisions of article 4 of the Pricing and Payment Policy.
Payment of the Transaction is carried out by one of the secure payment methods available to the Members by MyBestPro SAS, of which, but not limited to: (i) bank/debit card (ii) WENGO card valid for a Service. The conditions and the procedures governing such payment methods are detailed in the associated regulations in the Princing and Payment Policy.
The Member acknowledges and agrees that any Transaction is governed by the laws of France irrespective of the country of residence of the User or of the Provider and irrespective of the geographical location where the Service is issued and received.
I.8. Member Sanctions – Withdrawal of content – Warnings – Compensation of MyBestPro SAS
If provisions of the Terms and Conditions are violated or in case of any unlawful misconduct of a Member, MyBestPro SAS is entitled to withdraw immediately the problematic content from the Platform without notice and/or to suspend or terminate the registration of said Member, or to take any other appropriate measures against him; such measures may consist of a warning, a suspension or a termination of his Registration.
By virtue of article 6 of French Law No. 2004-575 of 21 June 2004, MyBestPro SAS is not bound to monitor the data and content available on the Platform, nor is it bound to look for evidence or circumstances disclosing unlawful activity.
In the event that a Member should become aware of any infringement of a law in force and in particular of any content that is anti-Semitic, revisionist, incites racial hatred or discrimination or vindicates crimes against humanity, or connected with child pornography, the Member acknowledges and undertakes to immediately alert MyBestPro SAS by contacting the customer services by e-mail and to provide information identifying the offending content and/or the perpetrator.
Every Member acknowledges and undertakes to protect and indemnify MyBestPro SAS (along with its management and staff) against the consequences of any claim from a third party resulting from the violation by the Member of the provisions of the Terms and Conditions, any law in force, intellectual property rights or the failure by said Member to fulfil a Transaction. The Member acknowledges and undertakes to co-operate fully in defending claims and in negotiating settlement in relation with a dispute about a Transaction according to the provisions of the Settlement of Disputes Policy.
MyBestPro SAS assumes no obligation other than those pursuant to its role as an online broker and Platform manager. MyBestPro SAS does not provide any guarantee as to the availability or performance of the Platform and the Member cannot attempt to seek to render MyBestPro SAS liable for any loss of earnings or lost opportunity or loss of turnover.
In any event, MyBestPro SAS is only liable for direct and predictable loss or damage suffered by Members that are caused by any breach in MyBestPro SAS’s obligations as a consequence of the Terms and Conditions or of the law in force, limited to the sum of one hundred and fifty (150) euros per Member for damage.
The limitation of liability stipulated above does not apply in the event of malicious intent or gross negligence by MyBestPro SAS, in the event of personal bodily injury or when the Member is a consumer and the limitation contravenes regulations protecting consumers.
Members are liable for any direct or indirect harm or loss or damage, either tangible or intangible, suffered by MyBestPro SAS and/or to any third party.
The Member accepts to indemnify MyBestPro SAS from losses, expenses, damages and costs, to a reasonable extent, resulting from non-compliance with the Rules.
MyBestPro SAS is entitled to terminate as of right, irrevocably and without notice, the Registration of a MyBestPro SAS Member in the event of violation of the Terms and Conditions or any infringement of the law in force. MyBestPro SAS serves notice to Members electronically, to eliminate the aforementioned violation, within a period of forty eight (48) hours.
When the Member is likely to be able to remedy breach, MyBestPro SAS is entitled to start by officially notifying the Member of the need to remedy said breach. This official notice will, if applicable, be combined with suspending the Member’s MyBestPro SAS registration access.
The Member may delete his Personal Account on the platform at any time by contacting the customer service and subject to full payment of all amounts due for services rendered.
I.11. Closure of the Platform
MyBestPro SAS is entitled, at its sole discretion, to stop operation of the Platform with respect to a prior notice of one (1) month starting from the notification date of the cessation of MyBestPro SAS without such a decision rendering MyBestPro SAS liable in any capacity whatsoever. Under the same conditions, MyBestPro SAS reserves the right to terminate, at its sole discretion, the provision of Services category on the platform and without such a termination incurring MyBestPro SAS liable in any capacity whatsoever.
I.12. Amendment to the Terms and Conditions
MyBestPro SAS is entitled to modify the Terms and Conditions, the Ancillary Policies, the Price List and MyBestPro SAS’s features at any time.
Amendments will be notified to Members in their Personal Account within a period of between fifteen (15) and thirty (30) days preceding their coming into force, unless they are imposed by an imperative rule or legal ruling, in which case they will come into force immediately.
All Members connecting to MyBestPro SAS and/or maintaining their Service offers on the Platform after such amendments enter into force will be irrefragably deemed to have accepted them.
I.13. Agreement of proof
Members acknowledge and accept that the saving and backing up of data (including any connection data) carried out on the Platform (“Electronic Documentation”) will have full evidential value both between Providers and Users with regard to Transactions and between Members and MyBestPro SAS. Consequently, Electronic Documentation (including its date and time) will be conclusive in any dispute between the parties unless the party against which Electronic Documentation is invoked demonstrates a defect in the reliability of such Electronic Documentation.
The Member acknowledges, in its contractual relations with MyBestPro SAS, the validity and the probative value of e-mails. Similarly, call logs, summarising phone calls made by the Member and serving as a basis for invoicing, as well as their reproduction on cards, optical or magnetic discs and magnetic tapes, kept by MyBestPro SAS are binding to the Member as evidence.
MyBestPro SAS will keep Electronic Documentation about Transactions on behalf of the Members. All Members may have access to Electronic Documentation relating to Transactions involving themselves by sending a request to MyBestPro SAS.
I.14. General Provisions
Governing law and jurisdiction: The Terms and Conditions are governed by the laws of France. Any dispute between a Member and MyBestPro SAS which is not settled will be brought before the courts of Paris, except in the event that such an election of jurisdiction is not binding on the Member in the Member’s capacity as a consumer.
Partial nullity: Any clause in the Terms and Conditions or in one of the Ancillary Policies which may come to be declared void or unlawful by a judge will become unenforceable but this nullity will not negatively impact the other stipulations nor affect the validity of the Terms and Conditions or Ancillary Policies concerned taken as a whole nor their legal enforceability.
Force majeure: Parties will not be held liable nor deemed to have breached the provisions of the Terms and Conditions for any delay or failure to perform when the cause of the delay or failure to perform is related to a case of force majeure as defined by case law of France.
MyBestPro SAS cannot be held liable to the Member or any third party for possible deterioration, suspension or interruption of the operation of tools due to force majeure, facts occurring from a third party or from the Member, as well as unavoidable hazards arising from technology and the complexity of the implementation of Tools.
In case of force majeure, the obligations of MyBestPro SAS and the Member are suspended throughout their duration.
Independence of the Members: Members participate in the Platform in an independent manner and MyBestPro SAS Registration does not create any relationship of subordination, agency, de facto company, partnership or representation (other than when express permission is given to MyBestPro SAS by the Provider to carry out operations according to the Terms and Conditions or a clause in an Ancillary Policy).
Notice: Any notice provided by the Internal Regulations should be made by the Participant to MyBestPro SAS by registered mail with return receipt to the following address: MyBestPro, Customer Service, 12 rue de Penthièvre, 75008, Paris, France.
Cession: MyBestPro SAS reserves the right to transfer, to any company of his choice, all or a portion of the rights and obligations arising from the Member and MyBestPro SAS.
APPLICABLE LAW – JURISDICTION
THE RULES ARE SUBJECT TO FRENCH LAW. ANY DISPUTE BETWEEN A MEMBER AND MyBestPro SAS THAT CANNOT BE RESOLVED IN A CONSENSUAL MANNER WILL BE BROUGHT BEFORE THE HIGH COURT OF PARIS EXCEPT IN CASES WHERE SUCH CONTRACTUAL ATTRIBUTION OF JURISDICTION SHALL NOT BE ENFORCED TO THE MEMBER IN HIS CAPACITY AS A CONSUMER.