CGU

By using this website you agree to be bound by the following terms and conditions.

Article 1: Definitions

Publisher

MONGA, a simplified joint stock company with capital of 518,2060 euros, headquartered at 119 B rue de Colombes, 92600 Asnières sur Seine, France.

Registered with the Nanterre Trade and Companies Register under number 887521862 represented by its Chairman, Mr Avidan KOUBI.

Website

Designates the website accessible from the following domain name www.monga.io

User

Refers to any person browsing or using the Site.

Article 2: Access to the Site

The Site is accessible to all Users. However, registration on the Site by creating a personal account for the purpose of ordering services marketed therein is reserved for persons of legal age. The Publisher reserves the right to request proof of age. In the event that the User is acting in the name and on behalf of a legal entity, the User must be able to prove to the Publisher that he/she has the necessary powers to act on behalf of this legal entity.

Article 3: Site content

The content of this Site and in particular all the elements reproduced or used (trademarks, logos, trade names, photographs, etc.) on the Site are protected by current intellectual property laws.

They are the full and entire property of the Publisher or its partners. The Publisher’s corporate name, “Monga”, is a trademark registered with the Institut National de la Propriété Intellectuelle by the Publisher under number 20/34 vol 1 of 21/08/2022 nulero national 204670435. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements and/or the MONGA trademark, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.

In the event of publication on the Site of content by the User, the latter undertakes to take the precaution of not infringing the intellectual property rights of third parties, especially copyrights or trademarks. The User concerned undertakes to indemnify and hold harmless the Publisher against any claims by third parties following the posting or publication on the Site of elements containing or involving the intellectual property of third parties.

Article 4: Site management

For the proper management of the Site, the Publisher may at any time :

suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Internet user;
delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette ;
suspend the Site in order to carry out updates.

Article 5: Principles of use of the Site

When browsing and using the Site, the User agrees not to:

To use means that would have the consequence of limiting the peaceful use of the site by a third party;
To use the site to threaten, harass, stalk, abuse and generally infringe in any way whatsoever the rights of the Editor or third parties;
Intercept or attempt to intercept personal data belonging to third parties;
Falsely represent yourself as an employee, agent or servant of the Publisher;
Market all or part of the services offered by the Publisher.

Article 6: Hypertext links

The creation by Users of hypertext links to all or part of the Site is strictly forbidden without the prior written authorization of the Publisher.

The Publisher is free to refuse this authorization without having to justify its decision in any way whatsoever. Should the Publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the Publisher to justify its decision.

In all cases, any degrading link or comment must be removed at the Publisher’s request. If the situation so requires, the Publisher may decide to remove the hypertext link without prior notice to the User.

The Site may contain hypertext links to other websites. The Editor has not verified all the sites that may be linked to his own and cannot be held responsible for the content of sites from or to which links are made. Users therefore access the content of these external sites at their own risk.

Their presence in no way implies that the Publisher endorses their content or accepts any responsibility for the content or use of this other website. The Publisher cannot be held liable for the erroneous or inaccurate, defamatory, insulting, libelous, misleading, obscene, pornographic or blasphemous content of any of these third-party sites.

Article 7: Creating an account

If the User creates a personal account on the Site, he/she is responsible for maintaining the confidentiality of his/her account and password, and for restricting access to his/her computer and other equipment.

The User is responsible for all activities that occur under his or her account or password.

The User undertakes to take all necessary measures to ensure that his password remains confidential and secure, and to inform the Publisher immediately if his password is used or is likely to be used in an unauthorized manner.

The User is solely responsible for the validity and completeness of the information provided in his personal account settings. The User undertakes to inform the Publisher of any changes to this information.

In the event of a breach of these terms and conditions of use and/or of any legal or regulatory provisions in force, the Publisher reserves the right to refuse access or to close the account of the User concerned.

Article 8: Terms of sale

Sales made on the Site are governed exclusively by the General Terms and Conditions of Sale available here. By ordering services on the Site, the User accepts the General Terms and Conditions of Sale and undertakes to comply with them. We invite you to consult them before placing an order on the Site.

Article 9: Electronic communications

In connection with the sale of services marketed on the Site, the Publisher and the User may communicate with each other by telephone, SMS, or e-mail using the Publisher’s chat service or the following e-mail address: contact@monga.oi. As soon as the User specifies his/her e-mail address, landline or mobile telephone number when creating his/her account, he/she agrees to receive e-mails, calls, SMS or any other notification or form of electronic communication from the Publisher. The User agrees to communicate electronically with the Publisher and hereby acknowledges that all agreements, information, disclosures and other communications sent to the Publisher electronically satisfy all legal requirements for written communications, unless a specific mandatory law requires another method of communication.

Article 10: Collection and processing of personal data

The collection and processing of personal data concerning Users may be necessary for the proper operation of the Site and the provision of the services offered by the Publisher. In accordance with the provisions of law no. 78-17 of January 6, 1978, relating to information technology, files and civil liberties, the processing of personal data collected on the Site has been declared to the French Data Protection Authority (Commission nationale de l’informatique et des libertés) under number: 1983822.

10.1 Personal data collected

Users’ personal data is either freely communicated by the User or automatically collected by the Publisher.

10.1.1 Data provided by the User

Personal data collected by the Publisher directly from the User may include the following data as well as any other type of information that the Publisher expressly requests from the User:

if the User is a consumer :

surname, first name of the User or order recipient ;
date of birth ;
e-mail address, postal address, telephone number of the User or recipient of the order;
password ;
your credit card information.

If the User is a professional :

company name ;
siret number ;
registered office, e-mail address, telephone number of the User, address of the intervention and information facilitating access to it;
invoice address ;
password ;
your credit card information.

10.1.2. Les données collectées automatiquement par l’Editeur

The Publisher automatically collects certain data relating to your use of the Site. The information collected automatically includes :

the IP address of the User’s computer or device identifier (or UDID);
information relating to the User’s computer and the way it is used (connection mode, operating system, Internet service provider, domain name, the website that referred the User to the Site, the Internet pages consulted, etc.);
the URL address of connections, including date and time, as well as the content accessed by the User;
data relating to orders (services ordered, frequency of orders, etc.);
location data ;
Site usage data

10.2. L’utilisation des données

The Publisher uses personal data collected on the Site for various purposes:

to provide practical information for the use of the Site and to improve the use of the Site;
to respond to User requests;
to help the User complete a transaction or order;
to process the User’s orders for services;
to communicate to the User offers relating to the provision of services;
to contact the User regarding the services ordered (order, complaint, personal account, etc.);
to analyze User data for the purposes of developing new service offers, improving services, identifying usage trends and determining the effectiveness of promotional campaigns;
to prevent and detect possible threats to the security of collected data, fraud or any other illicit activity.

10.3. Les destinataires des données personnelles collectées

The Publisher may share Users’ personal data with the following recipients:

all members of its staff, and in particular its marketing, sales, customer relations and prospecting departments, administrative, logistics and IT departments, as well as their line managers;
any partners whose services require access to some of the User’s personal data, such as credit card payment processing services, Site hosting services, order processing, it being specified that in this context the Publisher will remind its service providers and/or subcontractors of their obligations to protect data security and confidentiality, and in particular of the security objectives that must be met. Nevertheless, it is hereby specified that the Publisher will not communicate Users’ credit card payment details to the partners responsible for providing the breakdown services covered by the GTS;
departments responsible for auditing (statutory auditors, departments responsible for internal audit procedures, etc.);
the Publisher’s commercial partners who will use the data collected on behalf of the Publisher to provide promotions and special offers to Users, to inform them of contests, sweepstakes, events, or for other promotional purposes. The Publisher may also share with other partners aggregate statistics concerning the use of the Site by Users;
organizations, judicial and legal officers when the Publisher is legally obliged to do so, or when such disclosure is necessary to enforce the General Terms and Conditions of Sale or other agreements, protect the rights, property or rights of the Publisher or those of the Users of the Site.

In all other cases, the User’s consent must be obtained before his or her personal data is passed on to a third party.

10.4. La gestion des données personnelles

The User may manage his personal data communication options when he logs on to the Site under the conditions defined in the present article.

With regard to the collection of personal data, the User may refuse to provide certain information:

By refusing the use of cookies when the User first connects to the Site, the User will be deemed to have given his/her consent to the use of cookies on the Site.
By adapting the corresponding settings in your browser to refuse the use of most cookies, web beacons, identity tags and local HTML5 storage allowing you to accept or refuse completely the use or installation of these technologies.
By adapting the corresponding browser settings to refuse the use of Java scripts.
By accepting or rejecting the User’s geolocation.

With regard to promotional offers, the User may specify on his/her personal account, when creating or modifying his/her preferences, that he/she refuses to receive e-mails, calls, messages or any form of promotional communication. It will also be possible to refuse to receive new promotional e-mails by following the instructions specified in said e-mails. In any event, the User may contact the Publisher to modify his/her promotional communication options.

It follows from the above that the User always has the option of not communicating any information.

However, certain information is required to place orders on the Site.

10.5. L’accès aux données personnelles

The User can access his personal data on his personal account created on the Site. It will be possible to modify, correct or update his data. To delete his personal account or to put an end to the use of his personal data by the Publisher, the User may contact the Publisher under the conditions defined in article 15 hereof, and request that his data be deleted. The Publisher undertakes to respond to Users’ requests as quickly as possible, it being specified that certain data must be kept for as long as is necessary for the Publisher to fulfil, where applicable, its contractual obligations towards the User concerned and/or to meet its legal obligations.

10.6. La sécurité des données personnelles

Data collected by the Publisher is stored and processed on servers owned or controlled by the Publisher in accordance with applicable data protection laws and the present General Terms of Use. The Publisher protects Users’ personal data by taking technical, physical and administrative security measures designed to guarantee the confidentiality and integrity of Users’ personal information and to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of such data. The security measures implemented include the use of the Stripe platform for the protection of banking data, and the use of the Passport platform for the protection of each User’s personal data. Given the impossibility of guaranteeing the total reliability of security systems, the Publisher is only bound by a best-efforts obligation.

Article 11: Use of technical data (IP addresses and cookies)

11.1. Adresses IP

The Publisher may keep Users’ IP addresses for a maximum of one year.

11.2. Cookies

The Site may automatically collect information relating to the browsing of each User on this Site according to the User’s choice concerning cookies, it being specified that this choice may be modified at any time.

The use of cookies on the Site is subject to the prior and express authorization of the Site User.

All information collected indirectly will only be used for :

Identify the Site User;
Identify the services sought by each User to offer them suitable suggestions;
To monitor the volume, type and pattern of traffic using this Site, to develop the design and layout and for other administrative and planning purposes and generally to improve the services offered on the Site.

In any event, the use of cookies may not result in the collection and processing of personal data without the Users’ knowledge.

Article 12: Coming into force and updating

The version of the general conditions of use currently online on the Site is the only one applicable and enforceable against Users until a new version replaces it. The present general terms and conditions of use of the Site are applicable for the duration of the User’s browsing on the Site. The Publisher reserves the right to modify these terms and conditions at any time, and they will come into force as soon as they are published on the Site.

Article 13: Responsibilities

The Publisher undertakes to use its best efforts to ensure the availability of the functionalities offered on the Site. However, the Publisher cannot guarantee Users permanent access to the Site. The Publisher cannot be held liable for any failure, breakdown, difficulty or interruption in operation, preventing access to the Site or any of its functions. The Publisher is not under any obligation to provide technical assistance in connection with the operation of the Site.

The equipment used by the User to connect to the Site is under the User’s sole responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet. The Publisher does not guarantee the compatibility of the Site with the use made by Users of the Site.

The Publisher cannot be held responsible for hypertext links on the Site providing access to other websites that it does not control. In this respect, the Publisher is not responsible for the content or availability of these websites.

The Publisher undertakes to take all necessary measures to ensure the security of any personal data collected from Users. In particular, it undertakes to implement physical and electronic security measures and backup procedures in connection with the collection, storage and communication of Users’ personal information. However, the Publisher does not guarantee the security of information and files transmitted to it by Users of the Site against possible Internet attacks of any kind whatsoever.

The Publisher shall not be held liable for any direct or indirect damage resulting from a visit to the Site, or from the use or inability to use the Site.

The User agrees to indemnify and hold harmless the Editor against any action or claim by a third party arising out of the User’s use of the content of the Site and the User’s failure to comply with any of these terms of use. In this respect, the User concerned shall pay all damages and interest to which the Publisher may be condemned, as well as legal costs and fees incurred by the latter. The Publisher will inform the User concerned as soon as possible of any such claim or legal action.

Within the framework of its relations with professionals, the Publisher is not responsible for :

losses that have not been caused by a fault of the Publisher;
commercial losses, including loss of profit, earnings, contracts, anticipated savings, data, goodwill or unnecessary expenditure
indirect or consequential losses that were not foreseeable by the User and the Publisher when the User used the Site’s functionalities.

In any event, the present general conditions of use are not intended to limit or exclude the Publisher’s liability in the event of fraud, or in the event of death or personal injury caused by its negligence or gross negligence.

Article 14: Applicable law

The present conditions of use of the Site are governed by French law.

In the event of a claim by the User relating to the interpretation or execution of this Privacy Policy, the parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.

The User may send his complaints by e-mail to the Publisher’s consumer service, stating the difficulties or shortcomings observed, to the following address: contact@monga.oi.

In the event of a response deemed unsatisfactory by the User, or in the absence of a response within fifteen (15) days of receipt of the complaint by the consumer service, the User may request the services of the mediator free of charge by sending a letter by e-mail or post to the following address: contact@monga.oi. The User must specify the purpose of his request and attach the documents on which it is based.

Upon receipt, the mediator will notify the parties of the referral by e-mail or regular mail.

Within the framework of this mediation, the User may be assisted by any person of his choice or be represented by a lawyer at his own expense.

Each party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs will be shared equally between the Publisher and the User.

The mediation will be concluded within ninety days of the mediator’s notification of the case. The parties are free to accept or refuse the mediator’s proposal.

In any event, recourse to mediation is not compulsory. On the other hand, if the User wishes to request the services of the mediator, he must first address his complaint to the Publisher’s consumer service.

If the User does not wish to refer the matter to the mediator, or if one of the parties refuses the mediation proposal, or if no amicable agreement is reached, the Publisher or the User will be free to bring proceedings before the court of his choice, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.

Article 15: Contact us

If you have any questions or require further information, please send an e-mail to contact@monga.io.