Last Update : 16 January 2024
Prior to the presentation of these, the following has been recalled:
The company INGA GRIN CONSULTING (doing business as "IAMFASHION"), a simplified joint-stock company with a capital of €500, whose registered office is located at 4, Rue Lavoisier in Sartrouville (78500), France registered with the trade and companies register of Versailles under the number 843 517 814 (hereinafter referred to as the 'Company'), has developed an original and innovative concept under the name 'IAMFASHION,' primarily
aimed at supporting creators and founders of fashion brands in their digital development (hereinafter referred to as the 'Iamfashion Program').
These creators and founders are subject to selection by the Company through interviews, taking into account the maturity of their projects and their ability to fit more broadly into the Iamfashion Program.
In this context, the Company has a dual purpose:
1. Transmit its know-how to individuals who join the Iamfashion Program,
2. Bring together members committed to common values, respecting the same practices and eager to share their experiences within a community.
To ensure compliance with this dual purpose and maintain the quality of the Members' community, the Company publishes this regulation, which may be periodically revised, specifying the operating rules and behavior that each Member must observe, with the aim of preserving and developing the Iamfashion Program and its spirit.
Therefore, in order to join the Iamfashion Program, the candidate connected in advance to the Company's website www.iamfashionglobal.com (hereinafter referred to as the 'Site') and considered that the Iamfashion Program could meet their needs. They then scheduled a one-
hour video appointment on the Site to further discuss their needs with the Company. During the pre-contractual discussions, the candidate was able to ask all the questions they wished, and the Company responded to all their requests and inquiries, providing them with the information it had or was aware of.
Following this meeting, the Company sent them a commercial offer setting out the financial terms under which it could provide them with support services.
It is under these conditions that the Member, having fully acquainted themselves with the Regulation and accepted its terms, decided to join the Iamfashion Program.
1. DEFINITIONS
For the understanding and interpretation of the terms contained in this regulation or its annexes, whether used in the singular or plural, the Parties decide to refer to the following definitions.:
GTC: Refers to these present general terms and conditions of services
Access codes: Refers to an identifier and a password intended to identify a Member's user and allow them to access the Site and use the Services. These Access Codes are specific to each user within the Member and are provided by the Company once the payment for the registration fee
for the Iamfashion Program has been made
Communauty: Refers to all Members
Methodology: Refers to all methodological content, regardless of its form, and the work plan made available to Members by the Company within the framework of the Iamfashion Program.
Effective Date: Has the meaning given to it in Article 10.
Personal data: Has the meaning given to it by Law 78-17 of January 6, 1978, as amended (the 'Law') and Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (the 'GDPR').
Confidential Information: Refers to (i) any information protected as a trade secret within the meaning of Article L.151-1 of the Commercial Code, (ii) all information, analyses, studies, documents, and, in general, all other information of any nature whatsoever (including strategic, technical, commercial, financial, legal, or administrative), of which one of the Parties or a Member(s) becomes aware of or communicates, in the context of the Services, whether orally or in writing, and (iii) the content of the Regulation.
Member: Refers to the natural or legal person acting for purposes within the scope of their commercial, industrial, craft, or liberal activity and who has joined the Iamfashion Program by accepting the Regulation.
Plateform: Has the meaning given to it in Article 3.2
Party: Refers, in the singular, to the Company or the Member and, in the plural, to the Company and the Member.
Iamfashion Program: Has the meaning given to it in the Preamble and generally refers to the entire support program designed, developed, and marketed by the Company.
Services: Has the meaning given to it in Article 4.
Site: Has the meaning given to it in the preamble.
Company: Has the meaning given to it in the preamble.
User: Refers to the natural person, an employee of the Member, or the Member when it is themselves a natural person.
2. SUBJECT
The GTC aim to define the legal, technical, and financial conditions under which the Company commits, from the Effective Date and during the subscription period of the Member as specified in Article 10, to provide the Member with access to the Iamfashion Program. The Member, in turn, is obligated to adhere to all the obligations arising from the GTC.
3. RIGHTS AND OBLIGATIONS OF THE MEMBER
3.1. Admission
Anyone wishing to become a subscribed Member of the Iamfashion Program must have previously completed the steps described in the Preamble.
The Company remains free to accept or reject any candidate's application for the Iamfashion Program at its discretion.
Any admission implies full and complete adherence to the GTC by the Member. Non-compliance with this condition may result in the withdrawal, either temporarily or definitively, of the Member's status and, consequently, the termination of the GTC.
Subject to other provisions of the CGS, especially those stated in Article 11, the subscription to the Iamfashion Program is valid for the duration specified under the terms of Article 10.
3.2. Access to the Programme IAMFASHION
The Member accesses the program on the website www.skool.com (hereinafter the 'Platform') using the personalized Access Codes provided by the platform. Depending on the chosen plan, a Member has one or more Access Codes per registration. Any request for additional Access Codes is subject to the choice of an appropriate subscription plan and must be made to the address [email protected], and will be subject to billing as specified in Article 8.1 below per Access Code.
Access to the Platform and the use of the Services must be carried out in accordance with the provisions of the GTC. Access Codes are strictly personal. The Member is solely responsible for the preservation and confidentiality of the Access Codes. Any violation of this obligation, including the transmission of these Access Codes to a third party, may lead to the automatic termination of the GTC by the Company under the conditions defined in Article 11.
Any access to the Platform and any use of the Services through the Access Codes shall be presumed as access and use of the Platform and Services by the Member.
The Member undertakes to promptly notify the Company via email ([email protected]) of any voluntary or involuntary communication to third
parties or theft of their Access Codes. Upon receipt, the Company will acknowledge and deactivate the Access Codes before issuing new ones. The burden of proof of the Company's proper receipt of this notification lies with the Member.
3.3. Property
Each Member undertakes, in the context of using the Services and during interactions with the Company and/or other Members, to observe the strictest rules of propriety and politeness, regardless of the location of the interactions, including through private or public social
networks.
3.4. Community
Members are prohibited from using the databases to which they may have access as part of the Iamfashion Program for any purpose other than the fulfillment of the said Iamfashion Program, or from disclosing them to third parties who may use them for commercial or non-
commercial purposes.
Any complaint against another Member, the Iamfashion Program, or the Company must be made in accordance with the provisions of Article 3.3 and must be addressed, above all else, to the Company at the email address [email protected]."
3.5. Questionnaire at the end of the Program
The Member undertakes, at the conclusion of the GTC to complete and submit to the Company any questionnaire related to the Program that has been provided to them.
4. SERVICES
4.1. General Information
Each Member will have access to the Services as long as they maintain their status as a Member. The Platform will be available 24/7, 365 days a year, except during maintenance periods, whether planned or unplanned by the Company. The Company will make efforts to inform
Members in advance through any means it deems appropriate.
The Company will carry out all technical updates to the Platform that are necessary due to the evolution of the internet network. In case of difficulty accessing the Platform or for any strictly technical issues in accessing the Services, the Member can request technical assistance from the Company via email at the address [email protected].
In accordance with the provisions of Article L122-6-1 of the Intellectual Property Code, the Company reserves the right to correct errors on the Site to ensure its compliance with its intended purpose.
The Iamfashion Platform is the primary means of communication with the Company; the use of email should remain exceptional. The Company is not obliged to respond to Member requests sent through channels other than those specified in Article 4.3 below.
The Parties specify, as needed, that any questions posed to the Company on the Platform generally receive a public response on the said Platform without affecting the provisions of Article 14 below.
The Member's expected success in participating in the Iamfashion Program depends directly on their involvement in the creation of methodological content and their participation in the coaching and questioning phase on the Platform.
4.2. Methodological Contents
Once the registration fee has been paid, each Member will have access to the Methodological Contents on the Platform using their Access Codes, which are established over several weeks.
These Methodological Contents may evolve and be enriched over time. Members are encouraged to regularly log in to the Platform to stay informed.
Only Members have access to the Methodological Contents.
As a result, the Member hereby forbids, in any manner whatsoever, the transmission or communication of their Access Codes to a third party and/or the provision to a third party, in whole or in part, of methodological contents. Any violation of this obligation by the Member is liable to lead to the automatic termination of the GTC by the Company under the conditions defined in Article 11.
4.3. Coaching and Community Group
4.3.1. Coaching
In addition to implementing the methodological contents, the Member will have access to:
• Video meetings, once a week or more, as part of group calls. The number of calls offered may change or be removed depending on demand and members’ activity.
• Each Member can ask questions during the video meetings and is encouraged to take turns speaking to share their experiences with the Community.
• The Member is informed that these video meetings may be recorded by the Company to allow all Members to access them from their accounts for training and service execution purposes.
• Sharing experiences among Members is an essential element of the Iamfashion Program, justifying the recording of group calls.
• Support in their development through Iamfashion social groups or through short explanatory videos sent by the Company. Without prejudice to the provisions of Article 4.3.2, individual support related to methodological contents by creating a shared folder with the brand's name on the cloud, for example, Google Drive, and sharing it with the Company at the address [email protected]. The Company will make its best efforts to provide a response to the Member within two (2) to three (3) business days from the receipt of the Member's support request.
4.3.2. Community Group
Each Member must connect to the Iamfashion Community Group. The existing Iamfashion Community Group is administered by the Company, and each Member undertakes to respect the rules set by the Company.
These groups form the basis for interactions between the Member and the Company, as well as among Community Members. They also aim to keep Members informed about the latest developments in the Iamfashion Program.
These groups also allow Members, through their comments, to exchange ideas, provide support to other Members, and enrich the Iamfashion Program. Each Member commits to actively participate in the Iamfashion social groups, subject to complying with the specific provisions of each social network and those of Article 3.3.
Each Member expressly forbids posting:
• Defamatory, insulting, racist, inciting racial hatred and/or pornographic comments against another Member, the Company, the Iamfashion Program, or a third party.
• Repetitive comments or statuses reiterating the same message.
• Promotional links for the Member, their partners, and/or to promote the activities of either party.
• Links to content unrelated to the Iamfashion Program.
The Company reserves the right to moderate all content and to temporarily or permanently exclude a Member from the Iamfashion Community Group or the Iamfashion Program if they do not comply with all the conditions set forth in the GTC, both in terms of their obligation to participate in Community Group (for example, by not sharing their experience) and the formal conditions of their participation.
Thus, after:
• Two (2) warnings from the Company to a Member for non-compliance with the GTC and/or the rules of social groups, the said Member will be suspended for a period of one (1) week from the Iamfashion Program.
• After three (3) warnings from the Company to a Member for non-compliance with the GTC and/or the rules of social groups, the said Member will be permanently excluded from the Iamfashion Program.
This suspension and/or exclusion shall not entitle the Member to any refund or compensation from the Company.
4.4. Additional Services and Evolving Content
The Company may identify various opportunities and additional service offerings related to the Iamfashion Program that do not fall under the Services. In this context, it may, at its discretion, provide one or more Members with a detailed intervention quote specifying, at a minimum, the budget and the projected execution schedule. The Parties agree that, as needed, the technical, legal, and financial conditions under which
these services will be provided may be subject to a new agreement between them.
The content of the programs is subject to evaluation, and the service price based on the proposed program may change. The Company communicates these changes to the members via emails, social networks, and the Platform.
5. REFERENCES
Each of the Parties is authorized to cite the other in its commercial references, on all promotional information media, and, more particularly, on the Website, the Platform, and social networks.
As an essential and decisive condition for the Company's acceptance of the candidate as a Member, the candidate expressly authorizes the Company, during the entire subscription period to the Iamfashion Program, and for a period of three (3) years from its termination,
regardless of the cause, to reproduce, on the Website, the Platform, and/or social networks, the elements related to its brand and the success it may encounter and have published, in any form and on any medium, since the date of its subscription.
Each of the Parties declares and guarantees to the other that it has all the intellectual property rights necessary for the execution of this commitment.
6. INTELLECTUAL PROPERTY
The Company declares that it holds all the necessary intellectual or industrial property rights for the execution of the Iamfashion Program, and the Member acknowledges that the methodological contents and works of the Company, as well as the methodologies used by it, including advisory sheets, constitute its know-how and rema©in its exclusive property (hereinafter referred to collectively as the "IP Elements”).
The Member undertakes not to directly or indirectly infringe upon the IP Elements.
In this regard, the Member specifically undertakes to:
• Not remove or alter the Copyright notices or any others present on the IP Elements.
• Not lend, lease, or make the IP Elements available in any other way than that provided for in the GTC, without the prior written consent of the Company.
• Not authorize third parties to use the IP Elements.
• In general, not use and/or reproduce the IP Elements for purposes other than those provided for in the GTC. It is understood between the Parties that the Company retains exclusive ownership of:
• IP Elements that are its own and preexist the Member's membership in the Iamfashion Program and are used by the Company in the context of the program.
• Adaptations of these IP Elements, if any, made during the Member's membership in the Iamfashion Program.
• IP Elements, if any, developed by the Company during the Member's membership in the Iamfashion Program.
7. PERSONNAL DATA
The terms under which the Company processes personal data of Members are outlined in its privacy policy available at https://www.iamfashionglobal.fr/politique-confidentialite.
The Member and Users declare and acknowledge having acquainted themselves with said privacy policy.
The Company emphasizes, as necessary, that individuals affected by personal data processing:
Have the right to be informed, to access, rectify, and delete personal data, the right to request limitation of personal data processing, the right to object to personal data processing, and the right to data portability concerning them.
They can exercise these rights and obtain communication of such information from the Company at its registered office address or at [email protected].
Have the right to lodge a complaint with the relevant supervisory authority, such as the French National Commission on Informatics and Liberties (CNIL).
8. FINANCIAL CONDITIONS
8.1. Registration in the Iamfashion Program
The subscription price for the Iamfashion Program is communicated by the Company to the Member prior to any acceptance of the General Terms and Conditions. It is understood as inclusive of all taxes, with the Company being exempt from the value-added tax.
8.2. Prices for Services on Quotation
The price for services on quotation, as defined in Article 4.4, is set according to the quotation accepted by the Member.
8.3. Payment Terms
The amount for registration in the Iamfashion Program is payable upon receipt and online through the link provided by the Company to the Member.
Until the Member has paid the said amount, they will not have access to the Services. After a period of thirty (30) days from the date of sending by the Company of the link for payment of the registration fee, and if the Member has still not fulfilled their payment obligation, they will be irrebuttably presumed to have abandoned their registration request.
Services on quotation are subject to separate invoicing.
The Member undertakes to settle the invoices issued by the Company in this regard within seven (7) days from their receipt.
Any failure to make payment of an invoice by its due date will result in:
(i) payment of late interest at a rate three (3) times the legal interest rate,
(ii) the Company's collection of a lump-sum indemnity for collection costs in the amount of forty euros (€40), with the Company reserving the right to request additional compensation from the Member, upon presentation of supporting documents, if the collection costs incurred exceed this amount,
(iii) the entire amount due, regardless of any maturity, becoming immediately payable,
(iv) the Company having the option to suspend the Services until full payment of the amounts due, without prejudice to any damages that may be claimed from the Member.
9. FORCE MAJEURE
None of the Parties shall be held responsible for the non-performance of the GTC to the extent that such non-performance or delay and the hindrance in the performance of their respective obligations result from a force majeure event, fire, natural disaster, transportation
strikes, accidents, acts of the government, pandemic or epidemic, or any other cause beyond their control, provided that the party invoking one of these cases notifies the other party of its existence within ten (10) business days from the occurrence of such event.
10. EFFECTIVE DATE - DURATION - WITHDRAWAL
The Regulation comes into effect between the Parties on the day of its signature by the Member (the "Effective Date"), and for the duration of the Member's membership in the Iamfashion Program for twelve (12) months. The membership will automatically renew each year for the same duration, in the absence of termination by the Company or the Member through a registered letter with acknowledgment of receipt, with a minimum notice of ten (10) days before the anniversary date of the membership.
No early termination can be accepted by the Company. In this context, the Company will not refund the Member, who remains obligated to pay the cost of the instruction in the Iamfashion Program and any additional services as per the agreed payment terms with the Company.
The Company reserves the right to make any necessary modifications to the GTC, informing the Member with a notice of thirty (30) days before the anniversary date of their membership.
The GTC retroactively covers all commercial relationships that may have existed between the Member and the Company under the Iamfashion Program prior to its signature.
11. RESOLUTIVE CLAUSE
In the event of non-performance by either Party of the contractual obligations referred to in Articles 3, 4, 8, or 17, which has not been remedied within a period of thirty (30) days from the registered letter with acknowledgment of receipt notifying the non-performance in question, which also refers to this resolutive clause, the GTC may be terminated by the other Party, without prejudice to any damages to which it may be entitled due to such breaches, in accordance with the provisions of Article 1225 of the Civil Code.
Without prejudice to the other provisions of the GTC, in the event of non-performance by the Member of the obligations referred to in Articles 5, 6, 13, or 14, the Company may terminate the automatically and without notice to the concerned Member.
The termination of the GTC between the Parties, for any reason whatsoever, results in the automatic exclusion of the Member from the Iamfashion Program.
The rights and obligations of the Parties under Articles 6, 7, 8, 12, 14, 15, 17, 18, and 19 shall remain in force for the purpose of their performance upon the expiry of the GTC or in case of termination, whatever the cause may be.
12. PARTIES’ RESPONSIBILITY
The execution of the Services is carried out under the sole control and responsibility of the Company.
The Company is subject to an obligation of means. It does not provide any guarantee regarding the expected or anticipated effects on the Member's professional activity in the context of the Iamfashion Program. Its responsibility cannot be invoked in case of temporary unavailability of the Services, the Site, and/or any other digital solution made available to Members within the framework of the Iamfashion Program.
The Company cannot be held responsible towards the Member or third parties for indirect damages such as loss of business, commercial damages, loss of clientele, any commercial disturbance, tax or social penalties, loss of data, or files.
The Member is responsible towards the Company, the Community, and third parties for their personal actions and those of their agents. The responsibility of either Party cannot be sought in case of force majeure.
In any case, the financial liability of the Company shall not exceed the amounts billed and collected for membership fees as mentioned in Article 8.1 and the amounts received during the year in which the Member became aware of the facts on which they base the Company's liability.
No claim and/or action by either Party, for any reason whatsoever, can be made and/or initiated against the other party beyond a period of twelve (12) months after the occurrence of the event on which it is based..
The Parties acknowledge that the subscription price for the Iamfashion Program and its Services has been set, taking into consideration (i) the allocation of risks between them and (ii) the resulting limitation of liability. They agree that this clause, considering the nature of the Iamfashion Program and their respective obligations as outlined in the General Terms and Conditions (GTC), is neither derisory nor excessive. It reflects the risk allocation between them and has been negotiated and accepted by each Party in light of the overall economy of their contractual relationship. They commit not to contest its validity. The Member guarantees the waiver of subrogation claims by their insurers or co-contracting third parties against the Company or its insurers beyond the limits and exclusions specified above.
By express derogation from Article 1222 of the Civil Code, the Parties agree to exclude the forced execution of the GTC by a third party or the Member at the expense of the Company.
They also irrevocably waive the provisions of the second paragraph of Article 1186 of the Civil Code to assert that the GTC are void because any other contract has terminated, become void, or is ineffective for any reason (on the grounds that the execution of another contract
would have been an essential condition for their consent to the GTC or that the execution of the GTC has become impossible due to the termination, invalidity, or ineffectiveness of another contract)
13. TRANSFER – SUBCONTRACTING
The Member's subscription has been accepted by the Company in consideration of their personal qualities.
As a result, the benefits arising from the subscription to the Iamfashion Program may not be subject to any transfer and/or transmission, notably through merger, division, and/or partial contribution of assets by the Member, without the prior written consent of the Company.
In the event of the transfer of the business or any of its components, the appointment of a manager, or contributions of the business to a company, or changes in the capital distribution affecting the control of the Member or their blocking minority, the Member must inform the
Company through a registered letter with acknowledgment of receipt. Following this, the Company may, within a period of seven (7) days from the effective receipt of this information, decide to exclude the Member from the Iamfashion Program. In such a case, the exclusion of the Member must be justified and will not give rise to the payment of any compensation of any kind.
14. CONFIDENTIALITY
Without prejudice to the provisions of Article 5, each of the Parties acknowledges the strictly confidential nature of the Confidential Information that it has had or may have knowledge of and communication about in the context of the Iamfashion Program, its execution, and the consequences of its execution. Therefore, each Party undertakes to ensure the perfect confidentiality of the Confidential Information received, even after the termination of the Member's membership, and to:
(a) Not copy, reproduce, duplicate, wholly or partially, the Confidential Information only to the extent necessary for the execution of the Iamfashion Program or for the preservation of such Confidential Information as provided for by its archive retention rules or applicable regulations, provided that this information continues to be treated as Confidential Information;
(b) Subject the Confidential Information to a conservation and protection process as strict as that applied to its own sensitive documents or information and capable of preserving the utmost confidentiality;
(c) Use the Confidential Information only for the purposes of the execution of the Iamfashion Program, to the exclusion of any other use, in particular for competitive, commercial, or financial purposes;
(d) Not disclose the Confidential Information in its possession, in whole or in part, in any way whatsoever, to any third parties or individuals in compliance with the provisions of paragraph (e) below;
(e) Limit, by all necessary means, the total or partial dissemination or use of the Confidential Information to those of its representatives or employees whose intervention for the execution of the Iamfashion Program is deemed necessary, it being understood that the Member undertakes to inform said representatives or employees in advance of the confidential nature of the Confidential Information and to impose on them the same confidentiality obligations as those set forth herein.
It is agreed that the confidentiality obligations outlined above shall not apply to Confidential Information that must be disclosed:
-In accordance with a legal or regulatory provision in force, but only to the extent required;
-In the context of a judicial or administrative procedure or in the context of a similar procedure initiated by a competent court or government administrative authority, but only to the extent required.
In the above-mentioned cases where one of the Parties has an obligation to disclose all or part of the Confidential Information, it undertakes to (i) immediately notify the other Party or the concerned Member(s) of the existence and terms and circumstances of this obligation, (ii) to
the extent that the deadlines set for complying with the imposed disclosure permit, consult with the other party or the concerned Member(s) on the advisability of taking conservatory or defensive measures to avoid communicating or restricting the requested communication, and provide them with the opportunity to defend themselves, limit the request, or protect themselves against such obligation, and (iii) if the disclosure of the Confidential Information becomes inevitable, make all reasonable efforts to provide only the portion of the Confidential Information that is necessary or appropriate in the circumstances of the matter.
This confidentiality commitment is made for the entire duration of membership in the Iamfashion Program and for a period of five (5) years from its termination, regardless of the cause.
It retroactively covers all Confidential Information that has been communicated to the Member or of which they would have had knowledge before signing the GTC.
At the end of the membership in the Iamfashion Program, for any reason whatsoever, the Member shall return to the Company or the concerned Member(s) or destroy all documents containing Confidential Information.
15. NON-COMPETITION
The Company does not undertake any non-compete obligation in the selection of candidates as Members. Consequently, multiple Members may engage in directly or indirectly competitive activities.
The Member agrees not to engage, directly or indirectly, in any activity that competes with the Company during the entire duration of their subscription to the General Conditions of Service (CGS) and for a period of two (2) years from its termination, for any reason whatsoever. The Member declares and acknowledges that this clause is proportionate to the legitimate interests the Company intends to protect, notably the retention of its clientele. Any violation by the Member of this obligation may lead to the automatic termination of the CGS
under the conditions defined in Article 11.
16. COMBATTING UNDECLARED WORK
The Parties solemnly declare that they comply with the obligations of the law on the reinforcement of the fight against undeclared work. To this end, they commit to having the services covered by the Contract provided only by individuals regularly employed in accordance with the provisions of the Labor Code.
17. NON-SOLICITATION OF PERSONNEL
The Member undertakes not to solicit or hire the personnel of the Company who have participated in the execution of the Iamfashion Program during the entire duration of their membership in the program and for one (1) year after its termination, regardless of the reasons. Failure to comply with this prohibition by the Member will automatically and by operation of law result in the payment to the Company of a lump sum compensation corresponding to the selection, recruitment, training costs, and damages resulting from the commitments made, namely an amount equivalent to six months of the gross salary, including employer's contributions, of the concerned employee.
18. GENERAL PROVISIONS
18.1. Entire Agreement
The GTC represent the entire obligations of the Parties regarding its subject matter. It cancels and replaces any prior document and agreement entered into between the Parties and can only be modified by an amendment signed between them.
18.2. Statements
The Member declares and acknowledges:
- Being aware of all the provisions of the GTC and the consequences associated with them, and declares that their consent is fully informed,
- To refrain from contesting the enforceability of the commitments undertaken by them in the GTC on the grounds of any alleged lack of information, especially of a legal nature,
- To fully accept the risks, including economic ones, associated with the execution of the GTC and, if necessary, to expressly waive the benefits of Article 1195 of the Civil Code.
18.3. Partial Invalidity
If one or more provisions of the GTC are deemed invalid or declared as such in accordance with a law, regulation, or final judicial decision, the other provisions shall remain in full force and effect.
18.4. Non-Waiver
Failure by either Party to invoke a breach by the other Party of any obligation stipulated in the General Conditions of Service (GTC) shall not be construed as a waiver of the obligation in question.
18.5. Headings
In case of difficulties in interpreting any of the titles or subheadings placed at the beginning of a provision herein with any of these provisions, the titles shall be deemed nonexistent.
18.6. Domicile
For the execution of the GTC and its consequences, the Parties elect domicile at their respective registered offices. Any change of domicile by one of the Parties must be notified in writing by the other Party by registered letter with acknowledgment of receipt.
18.7. Convention on Proof
In accordance with Article 1368 of the Civil Code, the Parties establish the admissible rules of evidence between them under the GTC. The Parties accept that recordings made by the Company's information system shall be admissible in court and shall constitute evidence of the data and elements they represent in accordance with the requirements of Article 1367 of the Civil Code. The Parties accept that the timestamp elements of the Company's information system shall be admissible in court and shall constitute evidence of the data and elements they contain.
19. APPLICABLE LAW – JURISDICTION
THE GTC ARE SUBJECT TO FRENCH LAW.
ANY DIFFICULTY ARISING FROM THE INTERPRETATION, EXECUTION, AND/OR TERMINATION OF THE GTC SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.
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