Terms and conditions

Terms and conditions

Translated from french by DeepL

Preamble

The present general conditions of use govern all the relations between the website developed and edited by Postaly, whose identity and contact details are specified in the "legal notice" section, and the website user.

Postaly is a company specialised in sending postcards online.

Within the framework of this activity, it accepts to provide a website to the users to send postcards and letters by internet.

These general terms of use are not general terms of sale or general terms of service.

They are intended to constitute the rule that must be respected by any visiting user using the website developed by Postaly.

Definition

The terms defined below shall have the following meaning between the Parties:

  • Website": website edited by Postaly, accessible by scanning at the following address https://postaly.org/;
  • Internet": network of networks allowing the exchange of information using a protocol called TCP/IP. Data is routed through networks of different nature that are capable of reading messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a bilateral obligation of quality;
  • User": any person visiting the website edited by Postaly;
  • Parties": in the singular indistinctly means the User or Postaly, and in the plural Postaly and the User together;
  • Regulation on the protection of personal data" :
    • the French law relating to data processing, files and freedoms n° 78-17 of 6 January 1978 as amended and its updates or amendments; and
    • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);

Purpose and description

The purpose of these Terms and Conditions is to set out the terms of use of the Website and all pages of the Website.

This Website allows Users:

  • to send postcards to any person of their choice anywhere in the world.

Entry into force and duration

The present general conditions of use come into force from the first use of the service proposed by Postaly by a User.

They are valid during the whole period of use of the website by the user.

Opposability

The present general conditions of use are opposable to the User as soon as the latter uses a service offered by Postaly on its website: https://postaly.org/.

The present general conditions of use are accepted by the User as soon as the User uses the Website.

Postaly reserves the right to make any changes to the present general conditions of use that it deems necessary and useful.

The present general conditions of use are opposable during the whole period of use of the Website and until new general conditions of use replace the present ones.

Postaly undertakes to inform the User of the new general conditions of use.

Any use of the Website by the User after the modifications of the general conditions of use is considered as acceptance by the latter of the new general conditions of use.

Website

The Website allows postcards and letters to be sent worldwide.

The Website also offers a number of addresses of celebrities or inmates for whom Users can send a letter or postcard directly.

Access to the Website

The Website is in principle accessible 24 hours a day, 7 days a week.

Postaly endeavours to provide quality access and to allow Users to use the means of communication made available to them under the best possible conditions.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, Postaly makes its best efforts, in accordance with the rules of the art, to allow access and use of the Website. Postalie cannot guarantee absolute accessibility or availability of the Website.

However, Postaly reserves the right, without prior notice or compensation, to temporarily or permanently close the Website, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods and servers, without this list being restrictive.

Postaly is not responsible for damages of any kind that may result from these changes or from a temporary unavailability or from the permanent closure of all or part of the Website or of the services associated with it.

Postaly reserves the right to complete or modify, at any time, the Website and the services available on it according to the evolution of technologies.

It is the responsibility of the Users to ensure the possibilities of evolution of the computer and transmission means at their disposal so that these means can adapt to the evolution of the Website.

Personal data

Each of the Parties respects the applicable regulations regarding personal data.

Within the framework of the execution of the present contract, Postaly will have to process personal data belonging to the User.

In accordance with the Regulation on the protection of personal data, the User is informed that Postaly, as the person responsible for the processing, implements a processing of personal data.

To learn more about this processing of personal data and the extent of their rights, Users are invited to refer to the External Policy for the protection of personal data, accessible at the address: https://postaly.org/privacy/.

Cookies

To enable Users to benefit from the services offered by the Website such as its consultation, the optimisation of its use or its personalisation according to the User, the Website may use Cookies.

Postaly's responsibility

General liability

Postaly cannot be held responsible for :

  • the quality of the Website, the Website being offered "as is" ;
  • the disruption of the use of the Website;
  • the impossibility of using the Website;
  • breaches of computer security, which may cause damage to Users' computer equipment and their data;
  • infringement of Users' rights in general.

Responsibility for the information on the Website

Postaly cannot be held responsible for direct or indirect damages that could result from the access or use of the Website or the information contained therein, whatever its nature.

Postaly makes its best efforts to propose on its Website updated information. All information brought to the attention of persons accessing the Website has been selected at a given date.

The information appearing on the Website reflects an opinion at the time of its creation and not at the time of consultation of the Website. It may need to be updated, which may not have been done at the time of consultation for technical or other reasons.

Postaly cannot be held responsible for any error or omission. Any update, new service or new feature that improves or increases one or several existing information contents will be subject to the present conditions.

Postaly declines all responsibility concerning the appropriateness of the decisions and the modalities of its execution taken by the Users on the sole faith of the information published on the Website.

Postaly declines any responsibility concerning the contents of the letters and cards sent.

Obligations of the User

The User undertakes to use the Website and all the information to which he/she may have access only to obtain information and for a purpose that is consistent with public order, good morals and the rights of third parties.

Thus, he is forbidden to publish or transmit via the Website or on the letters and postcards any illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise prejudicial element to human dignity. In case Postaly would be informed of the presence of illicit contents on the Website, Postalie would have the right to immediately delete the contents.

Postaly undertakes, moreover, not to disrupt the use that other Users may make of this Website.

Intellectual property

The content of the Website, the general structure as well as the software, texts, animated and non-animated images, photographs, its know-how and all other elements composing the Website are the exclusive property of Postaly or of third parties who have granted it a licence.

The present general conditions of use do not imply any transfer of any kind of intellectual property right on the elements belonging to Postaly or on the elements of the partners or third parties who have granted a licence, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.

In particular, the User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website, or the computer codes of the elements making up the Website.

Any reproduction and/or representation, total or partial of one of these rights, without the express authorisation of Postaly, is forbidden and would constitute an infringement likely to engage the civil and penal liability of the infringer.

Consequently, the user is forbidden to do anything that could directly or indirectly infringe Postaly's intellectual property rights.

It is the same for the databases appearing, if necessary, on the Website which are protected by the articles of the Intellectual Property Code. Any extraction or reuse, total or partial of the said databases and their content is therefore prohibited without the prior express authorisation of Postaly.

The distinctive signs of Postaly and its partners, such as domain names, brands, names and logos appearing on the website are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the Website without the express authorisation of Postalie is therefore prohibited, in the sense of the Intellectual Property Code.

Only a use in conformity with the purpose of the Website is authorised.

Any other use, not expressly authorised in writing and beforehand by Postaly, is prohibited and constitutes an infringement.

Tolerance

The Parties mutually agree that the fact that one of the Parties tolerates a situation, whatever the frequency and duration, does not have the effect of granting acquired rights to the other Party, nor of modifying the present general terms of use.

Furthermore, such tolerance shall not be construed as a waiver of the rights in question.

Titles

In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the clauses and any of the clauses, the headings shall be declared non-existent.

Nullity

If one or more of the stipulations of the present general conditions of use are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court, the other stipulations will retain all their force and scope.

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