Terms of use of the monga.io website

This English translation is provided for information only. In the event of any discrepancy, the French version prevails.

By using this website, you accept the general terms of use of the website set out below.

Article 1: Definitions

Publisher

MONGA, a simplified joint-stock company (société par actions simplifiée) with share capital of 518,260 euros, whose registered office is at 119 bis rue de Colombes, 92600 Asnières-sur-Seine, France,

registered with the Nanterre Trade and Companies Register under number 887 521 862, represented by its President, 47 CAPITAL, a single-shareholder simplified joint-stock company (SASU) with share capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 912 522 653, itself represented by Mr Avidan KOUBI.

Website

Means the website accessible from the following domain name: www.monga.io

User

Means any person browsing or using the Site.

Article 2: Access to the Site

Browsing the Site is open to all Users. However, registering on the Site by creating a personal account in order to order the services sold on it is reserved for adults. The Publisher reserves the right to request any proof of age. Where the User acts in the name and on behalf of a legal entity, they must be able to prove to the Publisher that they have the necessary authority to act in the name of that legal entity.

Article 3: Content of the Site

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

They are the full and exclusive property of the Publisher or its partners. The Publisher’s company name, “Monga”, is a trademark registered by the Publisher with the French National Institute of Industrial Property (INPI) under number 20/34 vol 1 of 21/08/2022, national number 204670435. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements and/or of the MONGA trademark, including software applications, without the Publisher’s prior written consent, is strictly prohibited. The fact that the Publisher does not take legal action as soon as it becomes aware of such unauthorised uses does not constitute acceptance of those uses or a waiver of legal action.

Where the User publishes content on the Site, they undertake to take care not to infringe the intellectual property rights of third parties, in particular copyright or trademarks. The User concerned undertakes to indemnify and hold the Publisher harmless against any third-party claim following the display or publication on the Site of elements containing or involving the intellectual property of third parties.

Article 4: Management of the Site

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, or reserve access to the Site, or to certain parts of it, for a specific category of internet users;
delete any information that may disrupt its operation or that contravenes national or international laws or the rules of netiquette;
suspend the Site in order to carry out updates.

Article 5: Principles for using the Site

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

use any means that would limit the peaceful use of the site by a third party;
use the site to threaten, harass, stalk or abuse, or more generally to infringe in any way whatsoever the rights of the Publisher or of third parties;
intercept or attempt to intercept personal data belonging to third parties;
falsely present themselves as an employee, agent or representative of the Publisher;
sell all or part of the services offered by the Publisher.

Article 6: Hyperlinks

Users are strictly prohibited from creating any hyperlinks to all or part of the Site without the Publisher’s prior written authorisation.

The Publisher is free to refuse this authorisation without having to justify its decision in any way. Where the Publisher grants its authorisation, it is in all cases only temporary and may be withdrawn at any time, without the Publisher being obliged to give reasons.

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

The Site may contain hyperlinks to other websites. The Publisher has not checked all the sites that may be linked to its own and cannot be held responsible for the content of the sites from or to which links are made. Each User therefore accesses the content of these external sites at their own and sole risk.

Their presence in no way means that the Publisher endorses their content or accepts any responsibility whatsoever for the content or use of such other website. The Publisher cannot be held liable for erroneous or inaccurate, defamatory, insulting, slanderous, untruthful, obscene, pornographic or blasphemous content on any of these third-party sites.

Article 7: Creating an account

If the User creates a personal account on the Site, they are responsible for maintaining the confidentiality of their account and password, and for restricting access to their computer and other equipment.

The User is responsible for all activities carried out from their account or with their password.

The User undertakes to take all necessary measures to ensure that their password remains confidential and secure, and to inform the Publisher immediately if their password is used, or is likely to be used, without authorisation.

The User is solely responsible for the validity and completeness of the information they enter in the settings of their personal account. The User undertakes to inform the Publisher of any change to this information.

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

Article 8: Terms of sale

No sale is concluded directly on the Site. The Publisher’s services are governed by the contract concluded with each client and by the General Terms and Conditions of Sale provided to the client with that contract.

Article 9: Electronic communications

In connection with the sale of the services marketed on the Site, the Publisher and the User may communicate with each other by telephone, text message, or by email using the Publisher’s chat or the following email address: contact@monga.io. When the User provides their email address and landline or mobile telephone number on creating their account, they agree to receive emails, calls, text messages or any other notification or form of electronic communication from the Publisher. The User agrees to communicate electronically with the Publisher and acknowledges that all agreements, information, disclosures and other communications that the Publisher sends to them electronically satisfy all the legal requirements for written communications, unless a specific mandatory law requires another means 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 proper performance of the services offered by the Publisher. In accordance with the provisions of French Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties, personal data collected on the Site is processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and amended Law no. 78-17 of 6 January 1978, under the conditions described in the privacy policy.

10.1 Personal data collected

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

10.1.1 Data provided by the User

The 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 and first name of the User or of the recipient of the order;
date of birth;
email address, postal address and telephone number of the User or of the recipient of the order;
password;
bank card information.

If the User is a professional:

company name;
SIRET number;
registered office, email address and telephone number of the User, address of the job and information making access easier;
billing address;
password;
bank card information.

10.1.2. Data collected automatically by the Publisher

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 the device identifier (or UDID);
information about the User’s computer and how they use it (connection method, operating system, internet service provider, domain name, the website that referred the User to the Site, the web pages viewed, etc.);
the URL of connections, including the date and time, as well as the content accessed by the User;
order data (services ordered, frequency of orders, etc.);
location data;
data on use of the Site.

10.2. Use of data

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

to provide practical information on using the Site and to improve the use of the Site;
to respond to Users’ requests;
to help the User carry out a transaction or place an order;
to process the User’s orders for services;
to send the User offers relating to the services;
to contact the User about the services ordered (order, complaint, personal account, etc.);
to analyse the User’s data in order to develop new service offerings, improve the services, identify usage trends and determine the effectiveness of promotional campaigns;
to prevent and detect potential threats to the security of the data collected, fraud or any other unlawful activity.

10.3. Recipients of the personal data collected

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

all members of its staff, in particular its marketing department, sales department, departments responsible for customer relations and prospecting, administrative departments, logistics and IT departments, and their line managers;
all partners whose services require access to some of the Users’ personal data, such as services relating to credit card payment processing, hosting of the Site and order processing, it being specified that in this context the Publisher will remind its service providers and/or subcontractors of their obligations regarding the security and confidentiality of data, and in particular the security objectives to be achieved. It is nevertheless specified that the Publisher will not disclose Users’ credit card payment information to the partners responsible for providing the repair services covered by the General Terms and Conditions of Sale;
the departments responsible for audits (statutory auditors, departments responsible for internal control procedures, etc.);
the Publisher’s commercial partners, who will use the data collected on the Publisher’s behalf to provide Users with promotions and special offers, to inform them of competitions, prize draws and events, or for other promotional purposes. The Publisher may also share aggregated statistics on Users’ use of the Site with other partners;
bodies, officers of the court and public officials where the Publisher is legally required to do so, or where such disclosure is necessary to enforce the General Terms and Conditions of Sale or other agreements, or to protect the rights or property of the Publisher or of the Site’s Users.

In all other cases, the consent of the User concerned must be obtained before their personal data is passed on to a third party.

10.4. Management of personal data

The User can manage the options for sharing their personal data when they log in to the Site, under the conditions set out in this article.

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

By refusing the use of cookies in the banner displayed on their first visit to the Site, or at any time using the “Manage cookies” link at the bottom of every page. If no choice is made, no cookie subject to consent is set.
By adjusting the corresponding settings in their browser to refuse the use of most cookies, web beacons, entity tags and HTML5 local storage, making it possible to accept or completely refuse the use or installation of these technologies.
By adjusting the corresponding browser settings to refuse the use of Java scripts.
By accepting or refusing the geolocation of the User.

With regard to promotional offers, the User may specify in their personal account, when creating it or by changing their preferences, that they do not wish to receive emails, calls, messages or any form of promotional communication. They may also opt out of receiving further promotional emails by following the instructions given in those emails. In any event, the User may contact the Publisher to have their promotional communication options changed.

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

However, certain information is necessary in order to place orders on the Site.

10.5. Access to personal data

The User can access their personal data in the personal account created on the Site, where they can modify, correct or update it. To delete their personal account or put an end to the Publisher’s use of their personal data, the User may contact the Publisher under the conditions set out in article 15 below and request that this data be deleted. The Publisher undertakes to respond to the User’s requests as soon as possible, it being specified that certain data must be kept for as long as the Publisher needs it to perform, where applicable, its contractual obligations towards the User concerned and/or to meet its legal obligations.

10.6. Security of personal data

The data collected by the Publisher is stored and processed on servers owned or controlled by the Publisher in accordance with the data protection laws in force and these 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, unauthorised access, disclosure or modification of this data. The security measures implemented include, in particular, the use of the Stripe platform to protect banking data and the use of the Passeport platform to protect each User’s personal data. Since it is impossible to guarantee that security systems are completely reliable, the Publisher is bound only by an obligation of means.

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

11.1. IP addresses

Users’ IP addresses may be kept by the Publisher for a maximum period of one year.

11.2. Cookies

The Site may automatically collect information about each User’s browsing on this Site depending on the choice the User has made regarding cookies, it being specified that this choice may be changed at any time.

Cookies will only be placed on the Site with the prior and express authorisation of the Site’s User.

All information collected indirectly will only be used to:

identify the Site’s User;
identify the services each User is looking for, in order to offer them suitable suggestions;
monitor the volume, type and pattern of traffic on this Site, in order to develop its design and layout, for other administrative and planning purposes and, more generally, to improve the services offered on the Site.

In any event, cookies may not be used to collect and process personal data without the Users’ knowledge.

Article 12: Entry into force and updates

The version of the general terms of use currently online on the Site is the only version applicable and enforceable against Users until a new version replaces it. These general terms of use of the Site apply throughout the User’s browsing of the Site. The Publisher reserves the right to modify these general terms of use of the Site at any time; the changes will take effect as soon as they are published on the Site.

Article 13: Liability

The Publisher undertakes to make its best efforts to ensure the availability of the features offered on the Site. However, the Publisher cannot guarantee Users permanent access to the Site. The Publisher cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation preventing access to the Site or to one of its features. The Publisher is under no obligation to provide technical assistance relating to the operation of the Site.

The equipment used by the User to connect to the Site is under their sole responsibility. The User must take all appropriate measures to protect their equipment and their own data, in particular from virus attacks over the internet. The Publisher does not guarantee the compatibility of the Site with the use made of it by its Users.

The Publisher cannot be held responsible for hyperlinks on the Site giving access to other websites over which it has no control. Accordingly, the Publisher is not responsible for the content and availability of these websites.

The Publisher undertakes to take all useful measures to ensure the security of the Users’ personal data that it collects. In particular, it undertakes to put in place 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 the information and files sent to it by the Site’s Users against any internet attacks of any kind.

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

The User agrees to indemnify and hold the Publisher harmless against any action or claim by a third party arising from their use of the content or of the Site, or from their failure to comply with any of these terms of use. In this respect, the User concerned will bear all damages that the Publisher may be ordered to pay, as well as the legal costs and fees it incurs. The Publisher will inform the User concerned of any such claim or legal action as soon as possible.

In its relations with professionals, the Publisher is not liable for:

losses that were not caused by a fault on the part of the Publisher;
business losses, in particular loss of profit, earnings, contracts, anticipated savings, data, goodwill or wasted expenditure;
indirect or consequential losses that were not foreseeable by the User and the Publisher when the User used the features of the Site.

In any event, these general terms 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 misconduct.

Article 14: Applicable law

These terms of use of the Site are governed by French law.

In the event of a complaint by the User concerning the interpretation or performance of these Terms of Use, the parties must attempt in good faith to reach an amicable agreement to resolve the difficulty.

The User may send their complaints by email to the Publisher’s customer service, describing the difficulties and/or failings observed, at the following address: contact@monga.io.

If the User considers the reply unsatisfactory, or if no reply is received within fifteen (15) days of the customer service receiving the complaint, the User may use the services of the mediator free of charge by sending a letter by email or by post to the following address: contact@monga.io. The User must specify the subject of their request and enclose the documents on which it is based.

On receipt, the mediator will notify the parties by email or ordinary letter that the matter has been referred to them.

In the course of this mediation, the User may be assisted by any person of their choice or be represented by a lawyer at their own expense.

Each party may also seek the opinion of an expert, at its own expense. In the event of a joint request for an expert opinion, 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 that the matter has been referred to them. The parties are free to accept or refuse the mediator’s proposal.

In any event, recourse to mediation is not compulsory. However, if the User wishes to use the services of the mediator, they must first send their complaint to the Publisher’s customer service.

If the User does not wish to refer the matter to the mediator, or if either party 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 their choice, subject to any specific allocation of jurisdiction arising from a particular law or regulation.

Article 15: Contact us

For any question or information, you can send a message to the following address: contact@monga.io.