ALEX Terms and Conditions of Use

ALEX Terms and Conditions of Use

PURPOSE

Omega operates a platform (hereinafter the "Platform") accessible from the website www.hey-alex.fr through which it offers, in particular, as an agent, several ticket search and purchase services (hereinafter the "Tickets") for cultural and/or sporting events in Europe in the name and on behalf of Users (hereinafter the "Users") (hereinafter the "Engagement").

The Mission is the subject of a mandate (hereinafter "the Mandate") between ALEX and the User during which ALEX may offer several services (hereinafter "the Services").

Omega and the User are hereafter referred to together or individually as a "Party".

The present general conditions (hereinafter the "General Conditions") are intended to set the terms and conditions for the provision of the Mission by Omega to the Users, as well as to define the rights and obligations of the Parties in this context.

They express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer, or other written or oral document having the same object.

They are accessible and printable at any time via a direct link on the Platform's homepage and are sent with each Mission Request.

They may be supplemented, where applicable, by specific terms of use, which supplement these General Terms and Conditions and, in the event of contradiction, shall prevail over the latter.

PLATFORM OPERATOR AND CONTACT

The Platform is operated by the company Omega, a simplified joint-stock company, registered in the Trade Register of Toulouse under the number 809 913 502, and located at 13 Rue Sainte Ursule 31000 Toulouse (hereinafter "ALEX").

ALEX proposes to the User technical assistance accessible by instant messaging and by e-mail at the following coordinates: contact@hey-alex.fr, from Monday to Friday, from 9:30, am to 12:30 pm and from 2:30 pm to 6 pm, French time, except public holidays according to the French calendar, allowing him to declare any difficulty encountered while using the Services

ACCESS TO THE PLATFORM AND ACCEPTANCE OF THE GENERAL CONDITIONS

3.1 Access to the Platform

The Platform is accessible to any natural person who has the full legal capacity to enter into commitments under these Terms and Conditions and is at least 18 years old. Users who do not have full legal capacity may only access the Platform and the Services with the consent of their legal representative.

3.2 According to the General Conditions on

The User declares that he/she has read the present General Conditions and expressly accepts them by validating the Mission Request with ALEX (hereinafter "the Mission Request"), as envisaged in article 6 hereof.

This acceptance can only be complete, without modification of any kind. Any acceptance with reservations shall be considered null and void. Any User who does not agree to be bound by these General Conditions must not access the Platform.

4. REGISTRATION ON THE PLATFORM

Registration on the Platform (hereinafter referred to as "Registration") may be carried out at any time and at the time of the first Mission Request on the Platform using all the means made available on the Platform.

The User is required to fill in a registration form, by filling in all the required information, in particular his e-mail address and postal address, and to tick the box "I have read and accept the general terms and conditions of use - "Good for the mandate given to ALEX".

The User guarantees ALEX that the information provided on the said registration form is accurate and not misleading and acknowledges that he/she is informed that any incomplete registration will not be validated and will make it impossible to complete the Mission.

The creation of the Account gives access to a personal space (hereinafter the "Personal Space") which will enable him to follow the execution of the Mission or to recover the Tickets at the time of their delivery, in a form and according to the technical means that the Company will deem the most appropriate.

The User may access his or her Personal Space at any time after identifying himself or herself using his or her connection ID and password.

The User undertakes to update this information through his Personal Space.

ALEX cannot be held responsible in the case where errors or omissions on the part of the User did not allow him to carry out the Mission.

5. STRICTLY FOR PERSONAL USAGE

Since ALEX acts as an agent, the execution of the Mission by ALEX is strictly personal to the User having proceeded to his Registration on the Platform to the exclusion of any other third party.

Consequently, is considered as the User of the Services, the person whose personal information corresponds to those provided at the time of the Registration.

The User is also responsible for maintaining the confidentiality of his login and password and expressly acknowledges that any use of his Account will be deemed to have been made by him.

If the User notices that his identity is or has been used without his knowledge, he undertakes to inform ALEX as soon as possible, at the address indicated in article 2 hereof.

6. DESCRIPTION OF THE PLATFORM, SERVICES, AND MISSION REQUEST

The Platform presents news about events and lists musical, cultural or sporting events (hereinafter referred to as "the Events"), for which ALEX offers, in particular, as an agent, several types of search and purchases Services in the name of and on behalf of the User for Tickets to attend the Event :

A search service for Tickets for Events that open after the official on-sale date

A search service for Tickets for Events where the official on-sale has already taken place and the event is sold out

ALEX reserves the right to offer any other Service, in a form and according to the functionalities and technical means it deems most appropriate to render said Services.

ALEX reserves the right to list only the Events of its choice and for which ALEX believes it can ensure the realization of the Mission.

However, the User may ask ALEX to cover any Event which is not mentioned on the Platform by sending an email to the address indicated in article 2 hereof. ALEX may, at its discretion, decide to cover or not the Event requested by the User.

ALEX, which acts as an agent to search for and acquire, in the name and on behalf of the User, Tickets to attend Events, carries out the Missions according to the following process :

The User must fill in a Mission Request on the Platform and provide the following information :

- The date and location of the Event,

- The category (if available) of the Tickets,

- the number of Tickets,

- and, more generally, all the information required at the time of Registration.

Upon validation, the Mission Request will be processed by ALEX in the manner outlined in section 8 hereof,

The Mission shall end upon delivery of the Tickets or confirmation by ALEX that the Mission cannot be performed (hereinafter "the End of the Mission")

6.1 The Ticket Search Service for Events that open after the official sale

ALEX offers a Ticket Search Service for Events that open after the official on-sale date, and which is performed only on unconstrained Events and categories (tickets available for purchase).

Tickets that are already available for purchase on the official platforms for sale are sent directly to the User after the Mission Request.

6.2 The Ticket search service for Events where the official sale has already taken place and the event is sold out

ALEX offers a Ticket Search Service for Events that open after the official on-sale date, only on Events and/or categories that are sold out on the official on-sale platforms.

As the Tickets are not available for purchase on the official sales platforms at the time of the Mission Request, the User may modify his Mission Request at any time, provided that he has not received an email from ALEX indicating that the Tickets have been found.

ALEX agrees to continue the Mission in the manner indicated at the time of the Mission Request

7. COMMON POINTS TO THE DIFFERENT SERVICES OFFERED BY ALEX

The User may choose to select a "Flexible" service that allows for a reduction in the Search and Reservation Fee, the amount of which is displayed on the Platform, if the User agrees to obtain Tickets for another date of the Event while maintaining the city and category.

8. TERMS AND CONDITIONS FOR THE EXECUTION OF SERVICES BY ALEX

8.1 Search and purchase of Tickets on behalf of Users

ALEX undertakes to use its best efforts to carry out the Mission with diligence and in particular to seek and acquire one or more Tickets in the name and on behalf of the User, in accordance with the instructions given at the time of the Mission Request.

In addition, ALEX undertakes to acquire on behalf of the Users authentic Tickets, understood as being tickets acquired from the organizers and authorized ticketing professionals.

8.2 Ticket Category

ALEX undertakes to make its best efforts to ensure that the Tickets acquired in the name and on behalf of the User correspond to the category indicated at the time of the Mission Request.

However, in the event of difficulties in carrying out the Mission, and in particular if the category indicated by the User at the time of the Mission Request is not available, ALEX undertakes to inform the User at the address indicated at the time of Registration.

In this case, the User may either (i) modify his or her Mission Request in accordance with the terms and conditions indicated at the time of the Mission Request, or (ii) request the cancellation of his or her Mission Request from 30 days prior to the Event in accordance with the terms and conditions set out in Article 9 hereof.

If the User decides to maintain the Mission Request for Tickets in a higher category, ALEX reserves the right to send the User an additional invoice for additional payment, in the manner set forth in section 11 hereof, prior to the Mission End.

8.3 Placement

ALEX undertakes to make its best efforts to ensure that the Tickets acquired in the name and on behalf of the User correspond to side-by-side seats unless expressly stated otherwise at the time of the Mission Request.

However, in the event of difficulties in the execution of the Mission and in particular in the event that a side-by-side placement is not possible, for whatever reason, ALEX undertakes to inform the User at the address indicated at the time of Registration, who may, if necessary, decide to cancel his Mission Request in accordance with the terms set out in article 9 hereof.

8.4 Format of the Ticket(s)

ALEX may provide the User with paper tickets, understood as tickets sent by post, or e-tickets, understood as tickets sent by electronic means.

The User acknowledges and accepts that the choice of ticket format is beyond the control of ALEX.

8.5 Shipping and Delivery

ALEX will send the Tickets to the User by e-mail, which are also available on the User's Account.

The Tickets will in principle be sent to the User in the manner indicated at the time of the Mission Request.

However, the User acknowledges that these deadlines are only indicative and may be modified by ALEX, at its discretion, in the event of a period of high demand or for certain Events. However, ALEX undertakes to inform the User in the event of difficulties in the execution of the Mission and in particular in the event of a delay in the transmission of the Tickets.

When the Tickets are dispatched, ALEX will send an email to the User, either (i) with the electronic Ticket(s) attached and indicating that the Tickets are available on his Account, or (ii) an email indicating the dispatch of the Ticket(s) with a tracking number so that the User can follow the dispatch by post.

9. TERMS OF CANCELLATION OF THE MISSION REQUEST BY THE USER

The User is expressly informed and accepts that the Mission is provided as soon as the Mission Request is validated and that the Mission is carried out before the end of the legal withdrawal period.

Consequently, the User expressly waives his right of withdrawal, which may not be exercised, in accordance with article L.121-21-8 of the Consumer Code, and acknowledges that he may not request the cancellation of the contract, except in the cases expressly mentioned in article 10 of the present contract.

10. TERMS OF CANCELLATION OF THE MISSION REQUEST

10.1

If ALEX is unable to carry out the Mission, and in particular to acquire the Tickets, to acquire the Tickets in the category indicated at the time of the Mission Request, or to acquire Tickets side by side, the User may request the cancellation of the Mission Request following the terms indicated at the time of the Mission Request. If the User does not intervene, the Mission Request will be automatically canceled 24 hours before the date of the event.

The price of the Mission will be fully reimbursed to the User, under the conditions detailed in article 11.4 hereof.

10.2

In the event that the mission is canceled, ALEX will reimburse the User only for the Price of the Tickets (and not for the Search and Reservation Fee) under the following conditions and those detailed in article 11.4 hereof:

- In the case of Paper Tickets, the User shall return the said Tickets, subject of the Mission Request, to ALEX by registered mail with acknowledgment of receipt. ALEX shall acknowledge receipt of such letter no later than fourteen (14) days from the notification of cancellation. The date of the first presentation of the said letter shall be deemed to be the date of receipt by ALEX.

- In the case of e-tickets, the User will not have to take any further action, the e-tickets being automatically canceled.

In any case, the User acknowledges and accepts that ALEX cannot be held liable in any way, either in case of impossibility to carry out the mission; ALEX being subject to an obligation of means, or in case of cancellation or postponement of the Event since ALEX acts only as an agent for the User

10.3

If the Event is postponed, or if the location and/or time of the Event is changed, ALEX will send an email to the User explaining the situation and the User may request the cancellation of the Mission Request within 72 hours by sending an email to the address indicated in article 2 hereof or from his Personal Space. The refund of the Ticket Price will be made under the conditions detailed in article 11.4 hereof.

11. BILLING, PAYMENT, AND REFUND

11.1 Mission Price

On each Event page, the Platform will indicate the price of the Mission (hereinafter "the Mission Price"), which includes:

- the price of the Ticket(s), understood as their face value (hereinafter "the Ticket Price")

- The price corresponding to the performance of the Mission and accruing to ALEX (hereinafter "the Search and Reservation Fee"), including any taxes, search, and acquisition fees for the Mission.

The Price of the Mission is expressed in Euros, all taxes included.

In case of a "Flexible" service option, a reduction of the Search and Booking Fee will be applied at the time of the Validation of the Mission Request, the amount of the reduction of which is displayed on the Platform, if the User agrees to obtain Tickets for another date of the Event while keeping the city and the category.

The User acknowledges that :

- that in the event of delivery outside French territory, the Mission Request may be subject to specific taxes and customs duties, which will be due upon receipt of the Tickets by the User and which will remain at the User's expense, which the User acknowledges and expressly accepts.

- that ALEX may send an additional invoice if the User decides to modify his Mission Request for a higher category of Tickets.

- that the Mission Price for the same Event may vary over time, upwards or downwards, depending on the evolution of demand, at any time, at ALEX's free discretion.

The new rates shall be immediately applicable to any new Mission Request, which the User acknowledges and accepts.

ALEX reserves the right, at its discretion and according to the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.

11.2 Terms of payment

The Price of the Mission is payable at the time of the online Mission Request on the Platform, by credit card, through a payment provider (hereinafter the "Payment Provider"), which the User acknowledges and accepts.

The User also guarantees to ALEX that he has the necessary authorizations for payment.

The User acknowledges that he is informed that the bank details and information provided at the time of the payment of the Mission Request will be collected by the Payment Provider and will be securely kept by him for the legal period of retention of the said data. ALEX does not keep any banking data.

11.3 Billing terms and conditions

ALEX undertakes to send, at the time of the validation of the Mission Request and therefore of the payment, a summary email to the User at the address indicated at the time of the Registration indicating :

- The date and location of the Event;

- The price of the Mission

- The applicable VAT;

Moreover, ALEX also undertakes to send the User an invoice and a contract of mandate.

Finally, at the end of the Mission, ALEX undertakes to report on the Mission carried out by e-mail and mentions in particular :

- The date and the place of the Event ;

- The price of the Mission

- The date of delivery of the Tickets and consequently the date of the End of the Mission;

- The total amount received by ALEX at the time of the validation of the Mission Request ;

11.4 Terms and conditions of reimbursement

For the cases referred to in article 10.1 hereof, ALEX undertakes to refund the full amount of the Price of the Mission within fourteen (14) days of the User's express request and will be paid into the bank account indicated at the time of the Mission Request.

For the cases referred to in articles 10.2 and 10.3, ALEX will only refund the Ticket Price to the bank account provided at the time of the Mission Request.

The refund will only be made upon receipt of the refund by the producer of the Event. In the case of a Paper Ticket, the User must return the Tickets corresponding to the Mission Request to the address indicated in article 2 hereof, by registered mail with acknowledgment of receipt, and that ALEX acknowledges receipt of the said mail at the latest within fifteen (15) days of the notification of the cancellation or postponement, the date of the first presentation of the said mail being taken as proof between the Parties.

12. DURATION AND DEREGISTRATION

The Mission is subscribed for the duration of the chosen Service.

The User may unsubscribe from the Platform at any time through his Personal Space.

Unsubscription is effective immediately and leads to the automatic deletion of the User's Account provided that no Mission Request is in progress. In the event of a Mission Request in progress, the deletion of the User's Account will be effective within 7 (days) of the Event.

These Terms and Conditions apply for the duration of the Mission and, in the event of closure of the Account, for the duration necessary for the execution of the last Mission validated hereunder.

The User is expressly informed and accepts that all information and documents stored in his Personal Space will be anonymized for statistical purposes as of the closing of the Account. The User will be responsible for recovering the data on the medium and in the format of his choice, which he acknowledges and accepts.

13. SERVICE LEVEL GUARANTEES

ALEX will make its best efforts to ensure that the Platform operates without interruption 24 hours a day, 7 days a week, except in cases of force majeure.

In case of necessity, ALEX reserves the right to limit or suspend access to the Platform, in order to carry out any maintenance and/or improvement operation. In this case, ALEX undertakes to inform in advance by means of a general information message on the home page of the Platform of these maintenance and/or improvement operations.

Within the framework of these maintenance and/or improvement operations, ALEX undertakes to make its best efforts to make backups of the Account, in order to allow its restoration, in the state at the date of the said maintenance and/or improvement operations.

ALEX undertakes to implement all the technical means, in accordance with the uses of the profession and the state of the art, necessary to ensure the security and the access to the Services and in particular to the Mission Request, concerning the protection and the surveillance of the infrastructures, the control of the physical and/or immaterial access to the aforementioned infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.

ALEX also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated data processing implemented for the execution of the Mission, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.

14. CLAIMS

Any claim relating to the non-conformity of the execution of the Mission in relation to the Mission Request must be made by e-mail, to the address indicated in article 2 hereof, within seven (7) working days from the Event. Otherwise, no subsequent claim will be accepted.

ALEX may, at its own discretion, offer any form of compensation it deems appropriate, provided that ALEX acknowledges that the claim is well-founded. ALEX will contact the User directly within a maximum of seven (7) days from receipt of the complaint to indicate either that it does not intend to pursue the complaint which it considers to be unfounded in view of its obligations hereunder or the proposed method of compensation.

Any claim relating to the non-receipt of Tickets must be made by e-mail to the address indicated in article 2 hereof within a maximum period of seven (7) days before the event. Otherwise, no subsequent claim will be admissible.

ALEX undertakes to send the User a duplicate of the Ticket, which is the subject of the Mission Request, provided that the ticket is duplicable (only electronic tickets). The User acknowledges and accepts that as paper tickets are not duplicable, ALEX will not be able to send him a duplicate in this case.

15. OBLIGATIONS OF THE USER

Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations.

(i) The User undertakes, in its use of the Platform, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

The User is also solely responsible for the proper completion of all administrative, fiscal, and/or social formalities and for all payments of contributions, taxes, or duties of any kind that may be required in connection with his or her use of the Platform and the Mission Request. In particular, the User is solely responsible for verifying the conditions for importing and/or using the Tickets, which are the subject of the Mission Request, in the country of delivery. ALEX may not be held liable in any way in this respect.

(ii) The User acknowledges that he/she has taken cognizance of the characteristics and constraints, in particular, technical constraints, of all the Services and in particular of the procedures for carrying out the Mission.

(iii) The User undertakes to make strictly personal use of the Tickets received following the Mission Request. Consequently, the User is prohibited from assigning, conceding, or transferring all or part of his rights or obligations hereunder to a third party, in any manner whatsoever.

(iv) The User shall not reproduce, copy or modify, in whole or in part, the Tickets received as a result of the Mission Request, for any reason whatsoever, in any form whatsoever. ALEX may hold the User liable for any breach of this obligation.

(v) The User undertakes to provide ALEX with all documents, elements, data, and information necessary for the proper execution of the Mission. More generally, the User undertakes to actively cooperate with ALEX for the proper execution of this Agreement and to inform ALEX of any difficulties related to this execution.

(vi) The User agrees not to use the ALEX Services, and in particular not to make Mission Requests to illicitly resell Tickets.

(vii) The User acknowledges and accepts that ALEX acts as an agent in the name and on behalf of the User and acknowledges that he/she has provided the relevant information at the time of the Mission Request to enable the scope of the Mandate to be determined with precision.

16. PROHIBITED BEHAVIORS

16.1

It is strictly forbidden to use the Platform to :

The exercise of illegal or fraudulent activities or activities that infringe on the rights or safety of third parties,

The violation of public order or the violation of laws and regulations in force,

Intrusion into the computer system of a third party or any activity of nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,

Aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above

And more generally any practice that diverts the Services for purposes other than those for which they were designed.

16.2

It is strictly forbidden for any User to copy and/or misappropriate the concept, technologies, or any other element of the Platform for their purposes or those of third parties.

16.3

Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of ALEX, (iii) any misappropriation of the system resources of the Platform, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) any infringement of security and authentication measures, (vi) any acts likely to damage the rights and financial, commercial or moral interests of ALEX, and more generally (vii) any breach of these General Conditions.

17. PENALTY FOR NON-COMPLIANCES

In case of breach of any of the provisions of these Terms and Conditions, or more generally, breach of laws and regulations by the User, ALEX reserves the right to:

(i) temporarily or permanently suspend, without delay, access to the Mission Request to the User who is the author of the breach or infringement, or who has participated in it, and in particular, in the event of the provision of erroneous, incomplete, misleading, or outdated information during Registration,

(ii) remove any content related to the breach or violation, in whole or in part,

(iii) take any appropriate action and institute any legal proceedings,

(iv) to notify the relevant authorities, if necessary, to cooperate with them and to provide them with all the information necessary for the investigation and punishment of illegal or illicit activities.

In case of failure by the User to comply with an essential obligation arising from these General Conditions, or repeated violation thereof, ALEX reserves the right not to execute the Mission and to terminate it. ALEX undertakes to notify the User by e-mail to the address indicated at the time of Registration and to proceed to the useful refund.

It will automatically and without prior notice lead to the deletion of the User's Account, without prejudice to other consequences possibly induced in the application of the present General Conditions.

18. EXCLUSION OF LIABILITY AND WARRANTY OF ALEX

18.1 ALEX undertakes to provide the Services diligently and in accordance with the rules of the trade, it is specified that it has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts. Its responsibility is exclusively limited to the execution of the Mission according to the terms described herein, to the exclusion of any other service.

The photographs, representations, and descriptions of the Events described on the Platform are given as accurately as possible. However, they have only an informative and indicative value and do not engage the responsibility of ALEX;

18.2 ALEX declines all responsibility in case of possible loss of the information accessible on the User's Account, the User having to make sure to save a copy of the information he/she deems necessary and not being able to claim any compensation in this respect.

18.3 ALEX undertakes to carry out regular checks to verify the operation and accessibility of the Platform. In this respect, ALEX reserves the right to temporarily interrupt access to the Platform for maintenance reasons. Similarly, ALEX shall not be held responsible for difficulties or temporary impossibility of access to the Platform due to circumstances beyond its control, force majeure, or disturbances in the telecommunications networks.

18.4 In any case, the liability that may be incurred by ALEX under these General Conditions is expressly limited to the direct damage suffered by the User. Moreover, ALEX shall not be liable to the User for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, as a result of the User's use of the Services, in an amount exceeding the amounts invoiced by ALEX as remuneration for the Services which gave rise to its liability, at the time of the occurrence of the alleged damage. ALEX may only be held liable if the User has claimed under the conditions set out in Article 14 hereof.

19. MORAL PERSONALITY

The present General Conditions do not confer to the User any intellectual property right of any kind on the Platform, as well as on all the texts, images, audio-visual contents, and other contents, exploited by ALEX on the Platform, including the present General Conditions, the trademarks, trade names and logos, the software, structures, infrastructures and databases used by ALEX within the Platform (hereinafter the "Contents"), which remain the exclusive, full and entire property of ALEX.

Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, commercialization of the Platform and/or the Contents by the User, which does not comply with the provisions of the present General Conditions, is prohibited and may be subject to legal proceedings.

20. PERSONAL DATA

ALEX is committed to complying with current regulations applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as of 25 May 2018 (hereinafter, the "European Data Protection Regulation" or EDPR).

ALEX's personal data policy is available here.

ALEX is not responsible for the storage of data collected and processed by the Payment Provider. The User is informed and accepts that the Payment Provider is solely responsible for the processing.

21. PUBLICITY

ALEX reserves the right to insert, on any page of the Platform and in any communication to the User, any advertising or promotional messages in a form and under conditions which ALEX will be the sole judge.

22. LINKS AND THIRD-PARTY SITES

ALEX may not under any circumstances be held responsible for the technical availability of websites operated by third parties (including its possible partners) which the User may access via the Platform.

ALEX accepts no responsibility for the content, advertising, products, and/or services available on such third-party sites, which are governed by their own terms of use.

Nor is ALEX responsible for transactions between the User and any advertiser, professional, or trader (including any of its partners) to whom the User is directed via the Platform and shall not be a party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

23. WAIVER

The failure of either Party to exercise any right or power under these Terms and Conditions, or the delay in exercising such right or power, shall not be construed as a waiver of any or all of such right or power, nor shall any single or partial exercise of any right or power preclude any further exercise of such right or power.

24. MAJOR FORCE

ALEX shall not be held responsible towards the User in the event that the execution of its obligations would be delayed, restricted, or made impossible due to the occurrence of a case of force majeure. The following are considered as cases of force majeure, the hypotheses usually recognized by the jurisprudence and the courts.

The occurrence of a case of force majeure will initially suspend the performance of the Missions for a period not exceeding two (2) months. In the event that the case of force majeure continues beyond the aforementioned period, the Parties may terminate these General Conditions, as of right, without judicial formality, without prior notice and the right to compensation of any kind, by sending a registered letter with acknowledgment of receipt with immediate effect.

25. LANGUAGE

In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.

26. NULLITY

If any of the provisions of these Terms and Conditions were to be declared null and void or unenforceable by reason of a law, regulation, or following a final decision rendered by a competent court, only that provision would be rendered null and void, and the other provisions would retain their full force and scope.

27. MODIFICATION OF THE GENERAL CONDITIONS

ALEX reserves the right to modify these General Conditions at any time.

In particular, ALEX reserves the right to modify and/or stop offering all or part of the Services, at any time at its own discretion, subject to the execution of the Assignments, which have been the subject of a Request and which have been validated.

The amended Terms and Conditions shall apply to any Mission Request made after their entry into force.

In any case, the General Terms and Conditions must be approved for each new Mission Request on the Platform, regardless of whether the User has an Account or not. Under these conditions, the General Terms and Conditions applicable to the performance of the Assignment shall be those accepted at the time of the Assignment Request.

The General Terms and Conditions applicable to the Mission Request are sent by email at the time of the Mission Request Validation.

28. MEDIATION

National or cross-border disputes arising from the validity, interpretation, performance or non-performance, interruption, or termination of this Agreement may be submitted to mediation at the request of the consumer.

The website of https://ec.europa.eu/consumers/odr/main describes the mediation process used and allows consumers to file an online request for mediation with supporting documents.

The dispute cannot be examined by the mediator if:

The consumer does not justify having tried, beforehand, to resolve his dispute directly with Omega by a written complaint,

The request is clearly unfounded or abusive,

The dispute has been previously examined or is being examined by another mediator or by a court,

The consumer has made his request to the mediator within a period of more than one year from his written complaint to Omega,

The dispute does not fall within his field of competence.

The mediation is free of charge for the consumer (unless the consumer voluntarily uses a lawyer, a third party of his choice, or an expert).

The mediator may not receive any instructions from the parties nor be remunerated according to the result.

The mediation of consumer disputes is subject to the confidentiality obligation provided for by article 21-3 of law n° 95-125 of February 8, 1995, relating to the organization of the jurisdictions and the civil, penal, and administrative procedure.

The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions.

TELEPHONE SOLICITATION

BLOCTEL is the opposition list to telephone canvassing on which any consumer can register free of charge in order to no longer be canvassed by telephone by a professional with whom he or she has no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, on consumption.

The law specifies that it is forbidden for any professional, directly or through a third party acting on his behalf, to canvass by telephone a consumer registered on this list, except in the cases enumerated by the law.

In particular, you can still be called in the following cases :

- By professionals with whom you have a current contract;

- For prospecting calls for the supply of newspapers, periodicals, or magazines;

- For purposes that do not involve the sale of goods or services, such as :

Calls from public service;

Calls from research and polling organizations;

Calls from non-profit associations;

- If you have freely and unequivocally communicated your number in order to be called back.

If you are registered on BLOCTEL, ALEX will only be authorized to call you if you have a Mission Request in progress or if you have voluntarily communicated your number at the time of Registration.

In any case, ALEX does not proceed to telephone canvassing operations but will be led to contact you by telephone only within the framework of the Execution of the mission and not for commercial canvassing purposes.

For more information, please visit https://conso.bloctel.fr/.

ENTRY INTO FORCE

The present General Conditions came into force on 22/04/2021.

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