Terms not defined in these General Conditions of Use (hereinafter: “CGU”) are specified in the So Dogue Confidentiality Policy. The terms defined in the site’s Privacy Policy are incorporated into these T&Cs by reference.
These General Terms and Conditions have been drawn up in French. To the extent that a translated version of the T&Cs conflicts with the French version, the French version prevails.
The user using the services of the company So Dogue, through the site, acknowledges having read and accepted these T&Cs without any reservation :
1. Purpose
These T&Cs and the Confidentiality Policy govern the use of the site as well as the services offered through the site.
Any User of the site and services understands and accepts that these T&Cs and the Confidentiality Policy apply in full to them and that they constitute a legally binding agreement with So Dogue.
By accessing the site, respectively by using the services, the user acknowledges and confirms that he has read and understood the T&Cs and that he agrees to be bound by the terms contained therein. The user guarantees that he has the legal capacity to accept these T&Cs. It is the user’s responsibility to ensure that they have understood these T&Cs and their scope.
By adhering to these T&Cs, you acknowledge that you have the exercise of civil rights or, if you hire a company, that you have the powers to validly represent it, according to the applicable laws of your country of residence. If not, you certify that your legal or authorized representative has reviewed and accepted these Terms on your behalf. You are liable for any damage suffered by So Dogue as a result of violation of this provision.
In the event of non-acceptance of these T&Cs and/or the Confidentiality Policy, all use of the site and/or services must immediately cease.
So Dogue reserves the right to modify at any time and at its full discretion the clauses contained in the T&Cs and in the Confidentiality Policy, provided that it notifies the user of the modifications it will make. The user is deemed to have accepted the modifications through uninterrupted use of the site and/or services.
If the user no longer wishes to be bound by the T&Cs and/or the Confidentiality Policy after modification and after notification of the changes by So Dogue, he must simply refrain from using the site and the services.
2. Access
All costs incurred by the user to access the site (computer hardware, software, internet connection, etc.) are their sole responsibility.
An interruption, suspension or closure of the site, scheduled or not, may occur in particular for maintenance needs, network problems, software or security problems, or in the event of force majeure. No costs or compensation may be claimed in the event of interruption, suspension or closure of the site.
So Dogue may interrupt, suspend or close access to the site and/or services freely and at its discretion from time to time in order to update them, for an indefinite period. The elements of the site may be outdated at any given time and So Dogue is under no obligation to update them.
3. Services
The services offered include, but are not limited to, the ability to easily find places, restaurants, dog friendly hotels or services or brands or shelters in the world where users are located.
So Dogue is not responsible for User Content, Third Party Content, or in any other way through the Site between users.
Through the site, the user has the ability to use the services offered by So Dogue.
4. Data retention
User data made available through the site will be stored by So Dogue on servers in Europe.
User data will be kept by So Dogue for 10 years from the end of the services concluded, i.e. from the deletion of the user’s account.
5. No guarantee
The site, its content and the services are provided to users as is and as is without any express or implied warranty, including, in particular, any guarantee of availability. The user accesses the site at his own risk.
So Dogue cannot ensure permanent availability and cannot be held responsible for an interruption, even prolonged, of access to the site and/or services, in particular in the context of network overload or inability to access the site.
So Dogue gives no warranty and makes no representation that:
- the site and its content will meet the specific needs of the user or will be accurate or free from any risk
- the site and its content will be available, uninterrupted, timely, secure or error-free
- other users will comply with their obligations and/or applicable legal provisions.
So Dogue is not responsible for the integrity of user content, partner content and third party content made available by itself, by users, partners or third parties via the site. When a User consults and uses this user content, partner content and Third Party content, he or she does so at his or her own risk and, therefore, is solely responsible for any damage or harm that may result.
No information, whether verbal or written, obtained by the user or the partner from So Dogue and/or through the site will create a guarantee or other obligation for So Dogue which is not expressly indicated in the T&Cs and So Dogue declines any liability arising from any reliance placed on these elements by any user, partner or by anyone who may be informed of any part of its content.
The information and indications appearing on the site in no way engage the responsibility of So Dogue and do not constitute a contractual commitment on the part of So Dogue. The photographs and videos and other images presented on the site are not contractual and do not commit So Dogue in any way as to their veracity, authenticity and compliance with copyright.
6. Exclusion of liability
The user understands and accepts that So Dogue cannot be held responsible for illicit behavior on the part of third parties, as well as on the part of other users of the site.
The user understands and accepts that So Dogue cannot be held responsible for undue access to their Personal Data transmitted through the site or as part of the services.
So Dogue excludes all liability for indirect damage and/or losses, particularly in the event of loss of turnover, missed profits, sales, or income, interruption of operations, loss of anticipated savings, loss of opportunity in the professional field, loss of customers or damage to reputation.
So Dogue disclaims any liability for user content, third party content and/or for any dispute that may arise in connection with this content. So Dogue declines all responsibility for the content of the websites to which the links published on the site refer and for the use of the maps/plans accessible to users on the site.
Apart from serious fault or negligence attributable directly and exclusively to So Dogue, it declines all liability in connection with damage, direct or indirect, material or immaterial, caused to users within the framework of the commercial relationship.
7. Compensation
If the user commits a breach or does not observe his obligations resulting from the T&Cs and/or the Confidentiality Policy and/or his legal obligations, So Dogue reserves the right to limit access to the site and/or services, without notice or indication of reasons and without any compensation.
So Dogue has the right to suspend or restrict access to all or part of the elements of the site on a permanent or temporary basis, without notice and without having to provide justification.
The user undertakes to indemnify So Dogue, its representatives and to exonerate them from any liability for any losses, damages, claims, penalties, fines, costs and expenses, including without limitation attorney’s fees and court costs, which may arise from:
- his use of the site and/or services;
- non-compliance with the T&Cs and/or the Confidentiality Policy;
- any violation of intellectual property rights and/or personality rights of third parties;
- for any damage caused through the site.
8. Force majeure
So Dogue is in no way responsible for any breach if said breach is the result of a force majeure event.
In the event of force majeure, So Dogue’s obligations are suspended until the situation that led to the force majeure has been completely restored.
9. Data protection
So Dogue’s Privacy Policy defines its data protection practice. This Privacy Policy, the content of which is expressly accepted by users, is available.
10. Intellectual property
So Dogue is the owner, respectively licensee, of all Intellectual property rights relating to the site and the software on which they are based, as well as all products produced or offered as part of the services.
So Dogue is the exclusive owner, or at least holds the licenses, of all intellectual property rights both on the structure and on the content made available by it of the site, as well as the databases it contains.
The domain name on which the site is hosted is the exclusive property of So Dogue. The user is not authorized to point another site to this domain name and/or to use or adopt a similar name for his own use, except with written authorization from So Dogue.
So Dogue grants the user a non-exclusive, non-transferable, non-sublicensable sublicense, for a limited period and revocable at any time, to access the site, display the content of the site, use the services contained on the site, make user content available on the site, consult it and use it for personal use exclusively (without right of use by third parties).
Consultation and use of the site do not confer any intellectual property rights to the user over any element appearing on the site.
Any reproduction, representation, making available, communication to the public, adaptation, modification, translation, transformation, distribution, integration into another internet platform, commercial exploitation and/or reuse in any manner whatsoever of all or part of the elements of the site is strictly prohibited without the prior written authorization of So Dogue.
The user undertakes not to reproduce, hack, download, copy, make available, distribute or use in any way the texts, databases, data, codes, images or the content of the site.
The user undertakes not to use, copy or in any other way rely on the name of So Dogue, and any brands owned by the latter and/or carry out any act which would be contrary to intellectual property rights, including, in particular, decompiling the software, circumventing, violating, counterfeiting, decomposing or reproducing in any way the Intellectual Property rights relating to the site, its content and/or the software it contains.
So Dogue reserves the right, without notice, to withdraw the aforementioned license at any time with immediate effect in the event of violation of the law or non-compliance with these T&Cs. So Dogue reserves the right, without notice, to modify or delete any element of the site at any time and to take any appropriate measure to put an end to an infringement in the event of a violation of its intellectual property rights or to protect the integrity and proper functioning of computer systems, servers, databases, networks, the site, and the personal data of users.
Any unauthorized use of one of the elements reproduced on the site (piracy, counterfeiting, illicit downloading, etc.) will give rise to civil and/or criminal legal proceedings and the payment of damages to So Dogue.
11. Security
So Dogue undertakes to ensure that the site corresponds to the current state of technology in terms of security.
The user is responsible for ensuring the security of systems, programs and data within his sphere of influence.
He is solely responsible for the configuration of his computer hardware, his programs and computer platforms used for the site. It is up to the user to keep their browser in a state that allows them to use the site properly. Technical access to the site is carried out through the browser provider chosen by the user and their internet provider. So Dogue declines all responsibility in the event of a malfunction of the User’s browser and/or in the event of a network outage.
In the event of violation of the obligations defined in these T&Cs, So Dogue may immediately block the user’s access. If applicable, So Dogue reserves the right to claim damages against the User.
12. Prohibited activities
The user undertakes not to transmit, by any means whatsoever, content including programs, codes, viruses or any other process intended to destroy, limit the functionality of the site or illicitly collect personal data.
The user guarantees having verified that his computer configuration does not contain any viruses.
Any user is authorized to use the site only in accordance with Swiss laws and any other law that may apply to them. The user is only authorized to make legal use of the site and any illegal or inappropriate use is excluded.
By using the site, the user undertakes in particular not to:
- use or attempt to use the Site and/or Services in an offensive, abusive or unlawful manner or purpose, including committing or facilitating fraud, in particular by posting or using terms that may be offensive or inappropriate;
- solicit or attempt to solicit commercial services in communications, in any form whatsoever, sent or published through the site, and/or the services, in particular but not only through the Contact Form, User content.
- transmit or attempt to transmit content protected by an Intellectual Property right without having first obtained the express consent of its owner;
- use or attempt to use information made available on the site for commercial purposes, in particular by reusing or distributing it online;
- use or attempt to use a script or automated program (including but not limited to a robot, a spider (spidering, sniffing, crawling, web scraping, etc.) or any other automated means or interface to access the site and/or the services offered on the site, and/or the Personal Data of users;
- interfere or attempt to interfere with the proper functioning of the site and/or the services offered on the site or the enjoyment derived from it by any User, by any means whatsoever, in any manner likely to damage, deactivate, overload or even alter the site, in particular hack or attempt to circumvent the content filtering techniques that So Dogue reserves the right to use;
- copy, modify, merge, sell, redistribute, assign, transfer the software or source code of the Site, or any portion thereof, as well as reverse engineer, decompile, disassemble, translate, decipher or attempt to discover the source code used for the Site;
- infringe or attempt to infringe any patent, trademark, trade secret, copyright or any other right held by So Dogue;
- access or attempt to access any Service or part of the site to which the user is not authorized to access, in particular the server on which the site is hosted or any other server, computer or database connected to So Dogue services;
- introduce or attempt to introduce viruses, Trojan horses, ransomware or other malicious or technologically harmful material into the Site or users’ devices;
- use or attempt to use the site, or the services in violation of these T&Cs and/or the Confidentiality Policy.
13. Third-party content and hyperlinks
Third Party Content is the sole responsibility of the third party from which it originated. Third Party Content is subject to the terms and conditions and privacy policy of the third party from which it originated.
The presence of hypertext links on the site referring to other internet platforms is not a guarantee of the quality of the content of these websites and their proper functioning.
So Dogue cannot in any way be held responsible for the content of third party sites to which the site points or which are used by the site for the operation of the services. The user consults the content of third party sites at his own risk and under his sole responsibility.
So Dogue may, at any time and without notice, remove any Third Party content or links to third party sites from the site.
14. Miscellaneous
The T&Cs, the Confidentiality Policy, including any modification or addition that So Dogue may make at any time, constitute the entire agreement between the user and So Dogue in connection with the site and the services.
The fact that So Dogue does not exercise or enforce any right or provision of the T&Cs does not constitute a waiver of that right or the relevant provision.
In the event that clauses of these T&Cs were to be declared or become null or void or if gaps were to appear, the other provisions would remain valid. Invalid clauses will be interpreted or replaced in such a way that the aim sought by the parties is achieved to the greatest extent possible.
The titles of the articles of the T&Cs are intended only to facilitate consultation and have no legal or contractual effect. If one or other of the clauses of the T&Cs is considered by a judge to be illegal or inapplicable in a particular case, the rest of said clause and the other clauses nevertheless remain fully applicable.
The fact that one of the Parties does not claim the application of one of the provisions of these T&Cs or does not take advantage of its violation cannot be interpreted as a waiver by that party of the benefit of said provision.
15. Termination
So Dogue may block, terminate or suspend a user’s ability to use or access the site, in whole or in part, without notice and at any time, at its sole discretion and in particular in the event of violation of the T&Cs. To the same extent, So Dogue may close the site.
So Dogue has the right, without any obligation, to immediately delete and remove from the site any Third Party content.
All personal data that has been collected through the site will be kept by So Dogue for 10 years after the end of use of the site and/or services in accordance with the Confidentiality Policy.
So Dogue has no control and will not be responsible for any content that is displayed on any website, search engine or social network following sharing or referencing.
16. Applicable law
These T&Cs, as well as all questions arising from them or in connection with them (including non-contractual disputes or claims and their interpretation) will be subject to French law, excluding rules on conflict of laws.
Any dispute arising from these relations, without regard to their legal basis, will be under the exclusive jurisdiction of the ordinary courts of Paris. So Dogue, however, retains the right to take action at the user’s home/head office or before any other court or competent authority, both in France and abroad, French law remaining applicable.