ESN France - Buddy System administration (hereinafter referred to as “Buddy System”) has developed a matching platform accessible on a website at the address www.buddysystem.eu or in the form of a mobile application,(hereinafter referred to as the “Platform”).
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.
In this document,
“Advert” means an advertisement about a
“Buddy System” has the meaning given to it in Article 1 above;
“Buddy System experience”
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Member Content” has the meaning given to it in Article 11.2 below;
“Member” means any individual having created an Account on the Platform;
“International Student” means any Member who is registered to benefit from a “Local Buddy” support;
“Local Buddy” means any Member who is registered to get in contact with an “International Student”
“Platform” has the meaning given to it in Article 1 above;
“Services” means all services delivered by the Buddy System via the Platform;
“Website” means the website accessible at the address www.buddysystem.eu;
3. Registration on the Platform and creation of an Account
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account
The Platform enables Members to fill their profile and view some useful informations on the system and to be matched by the local coordinator with another user (“buddy”). You cannot view the informations if you are not registered on the Platform. However, you cannot contact another user without having first created an Account, become a Member and being matched by the local coordinator.
To create your Account, you can:
- either complete all mandatory fields on the registration form;
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Buddy System, in order to guarantee its relevance and accuracy throughout your contractual relations with Buddy System.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Buddy System immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Buddy System of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Buddy System may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering using the system. Buddy System cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4. Use of the Services
4.1. Interact with another user
As Member, and providing you fulfil the conditions below, you can fill in your profile in order to maximize the chance to be matched with a “Buddy” corresponding to your expectations. You will receive an Advert when after being matched by the local coordinator or the Platform. After that, you will receive your “Buddy” contacts and being able to interact with him/her.
4.2. Take advantage of the services/events
As Member, you will be able to take advantage of the services and events proposed by the system and or your local coordinator on the Platform.
These services will permit you to enjoy discounts and/or good plans as user of the Buddy System and linked to your experience.
The events will allow you to get in contact with other users of the Buddy System in your city.
4.3. Review system
Buddy System encourages you to leave a review about a user with whom you have shared a Buddy System experience or with whom you were supposed to share it. Your review, and the review left by another Member about you, if any, are only visible for the administrator and local coordinator in order to improve the system.
You recognise and accept that Buddy System reserves the right not to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
Buddy System reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where you are not using the system anymore since at least 6 months or if you are not respecting these T&Cs.
5. Financial conditions
Access to and registration on the Platform, as well as filling your profile, taking advantage of services and events and interacting with another user are free of charge.
6. Non-commercial and non-business purpose of the Services and the Platform
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a “Buddy experience” with you.
Buddy System reserves the right to suspend your Account in the case where you are offering a “Buddy experience” against payment/compensation. Buddy System also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the services offered, entails a situation of profit for you, or for any reason suggesting to Buddy System that you are generating a profit on the Platform.
7. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform. Also, as Member, you agree to keep a positive, respectful and kind attitude toward the other users you might be in contact with. Furthermore, when using the Platform and during your Buddy System experience, you undertake:
- not to use the Platform for professional, commercial or profit-making purposes;
- not to send Buddy System (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
- not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Buddy System or a third party or contrary to good morals;
- not to infringe the rights and image of Buddy System, notably its intellectual property rights;
- not to open more than one Account on the Platform and not to open an Account in the name of a third party;
- not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the Buddy System experience;
- to fill in the right informations concerning you;
- to contact the local coordinator and/or the administrator of the Platform when: (i) I am not anymore available to be matched; (ii) the “Buddy” with whom I am matched is not answering after 14 days; (iii) I encounter a problem with any other Member and/or the Platform.
8. Suspension of accounts, limitation of access and termination
You can terminate your contractual relations with Buddy System at any time, without cost and without reason. To do this, simply go to the “Close my account” tab of your Profile page. In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 7 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Buddy System has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Buddy System reserves the right to:
- terminate the T&Cs binding you with Buddy System immediately and without notice; and/or
- prevent the posting of or remove any review, message, content, or any content posted by you on the Platform; and/or
- limit your access and your use of the Platform; and/or
- temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Buddy System. Buddy System will decide, at its sole discretion, whether or not to lift the measures put in place.
9. Personal data
10. Intellectual property
10.1. Content published by Buddy System
Subject to the contents provided by its Members, Buddy System is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Buddy System grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Buddy System. Notably, you are prohibited from:
- reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by Buddy System;
- decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
- extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
10.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Buddy System a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Buddy System to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Buddy System, for the whole world and throughout the duration of your contractual relations with Buddy System, to reproduce, represent, adapt and translate your Member Content as follows:
- you authorise Buddy System to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
- you authorise Buddy System to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
11. Role of Buddy System
The Platform constitutes an online networking platform on which the Members can create an Account and be matched with other users named “Buddy”
In using the Platform and in accepting these T&Cs, you recognise that Buddy System is not party to any agreement entered into between you and the other Member. Buddy System has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the ex, and it does not offer any Trips on the Platform.
12. Operation, availability and functionalities of the Platform
Buddy System shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Buddy System reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
13. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and Buddy System relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Buddy System may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Buddy System before it takes effect.
14. Applicable law – Dispute
These T&Cs are written in English and subject to French law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Buddy System in writing of any dispute in order to obtain an amicable solution.
15. Legal notices
For any question, you can contact ESN France - Buddy System administration using this contact form.
Version dated 11 June 2018
© 2018 Buddy System