These Terms of Use (hereinafter "Terms") constitute a legally binding contract between You ("the User") and M&G Group ("the Company", "We", "Us"), governing your access and use of the Adopt'Animaux mobile application (the "Application") and its associated website (collectively, the "Service").
YOUR ACCESS OR USE OF THE SERVICE CONSTITUTES UNRESERVED ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ALL OR PART OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. We reserve the right to modify these Terms at any time.
1. Nature and Limits of the Service
The Service is a digital platform whose sole purpose is to provide a technical space allowing the publication and consultation of listings related to companion animals or pet services, in order to facilitate connections between independent Users.
The Company acts exclusively as a hosting provider within the meaning of the French Law for Confidence in the Digital Economy (LCEN). It exercises no prior control over the legality, accuracy, quality, or safety of the content published by Users, or the pets or services offered. The Company is not a party to any transaction or agreement between Users and shall not be considered a broker, agent, representative, or seller of pets or services.
2. User Account and Responsibilities
Creating an account is mandatory to publish content or use certain features. The User guarantees that all information provided during registration and throughout the use of the Service is accurate, complete, and up-to-date. Any erroneous information is the sole responsibility of the User.
The User is solely and fully responsible for the security of their login credentials (email, password) and for all actions taken through their account, whether authorized or not. The Company cannot be held liable for fraudulent access to a User's account.
The Service is reserved for adults of legal age with the capacity to contract. Any use by minors is prohibited and engages the liability of their legal guardians.
3. Imperative User Obligations
By using our services, You agree to comply with all applicable laws and regulations, public order, good morals, and these Terms. You specifically agree not to:
- Disseminate false, inaccurate, misleading, or defamatory information;
- Publish content that infringes third-party rights (copyright, trademark, privacy, image rights...) or is hateful, violent, obscene, or discriminatory;
- Impersonate any person or entity;
- Use the service for unsolicited commercial prospecting (spamming) or any illegal activity;
- Introduce viruses, Trojan horses, or any other malicious code likely to damage or interfere with the proper functioning of the service;
- Violate specific legislation applicable to the ownership, transfer (sale or gift), or adoption of companion animals (identification, vaccination, welfare conditions, mandatory declarations, etc.) or the provision of pet services.
4. User Content: License and Responsibility
The User retains ownership of their User Content but grants the Company, for the exclusive purposes of operating, technically improving, and reasonably promoting the Service, a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license, for the entire legal duration of the rights, to use, host, store, reproduce, modify (for technical reasons), communicate, publish, publicly display, and distribute said User Content on any medium.
The User warrants that their User Content is lawful, does not infringe any third-party rights (including image rights of people or property), and that they possess all necessary authorizations. The User indemnifies the Company against any third-party claims in this regard.
The Company has no general obligation to monitor User Content. However, it reserves the discretionary right, without notice or justification, to remove, suspend, or refuse any User Content deemed non-compliant with the Terms, the law, or the spirit of the platform.
5. Specifics for Pets and Services: User Responsibility
Offeror's Sole Responsibility: Users posting a listing (pet or service) are SOLELY responsible for ensuring their offer fully complies with ALL applicable regulations (health, commercial, animal protection, identification, transport, professional qualifications, insurance...). The Company performs no compliance checks.
Seeker's Due Diligence: Users searching for a pet or service are SOLELY responsible for verifying the reliability of the offer, the conformity of the pet or service, the offeror's competence, and the terms of the transaction THEMSELVES BEFORE committing. The Company provides no guarantee in this respect.
Exclusion of Transactional Role: The Company DOES NOT INTERVENE IN ANY WAY in the contractual or transactional relationship (adoption, sale, service provision) between Users. Any agreement, payment, or dispute is the exclusive responsibility of the involved Users.
6. Company's Intellectual Property
The Service and all its components (brand, logos, software, databases, etc.), excluding User Content, are and remain the exclusive intellectual property of M&G Group. Any reproduction, adaptation, or use not expressly authorized in writing is strictly prohibited and subject to legal action.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, OR RELIABILITY. YOU USE THE SERVICE AT YOUR OWN RISK.
8. Maximum Limitation of Liability
IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF 10 EUROS OR THE AMOUNTS PAID BY YOU TO THE COMPANY, IF ANY, DURING THE SIX MONTHS PRIOR TO THE CLAIM.
9. Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your User Content; or (iii) your violation of these Terms.
10. Discretionary Suspension and Termination
The Company reserves the right to suspend or permanently terminate your account and access to all or part of the Service, at its sole discretion, at any time, without notice, justification, or liability, particularly in case of suspected violation of these Terms or the law, or for any other reason deemed legitimate by the Company.
You may delete your account at any time. Termination by either party does not affect rights or obligations accrued before the termination date.
11. Governing Law and Dispute Resolution
These Terms are exclusively governed by French law, excluding its conflict of laws rules. ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION, OR TERMINATION OF THESE TERMS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF PARIS, FRANCE, EVEN IN CASES OF MULTIPLE DEFENDANTS OR WARRANTY CLAIMS. This clause is subject to mandatory public policy provisions regarding consumer jurisdiction.
12. Modification of Terms
The Company reserves the right to unilaterally modify these Terms at any time. Changes will take effect upon their publication on the Site or Application, or by any other notification method chosen by the Company. It is your responsibility to review the Terms regularly. Continued use of the Service after the publication of changes constitutes unreserved acceptance of the new Terms.
13. Contact
For any questions regarding these Terms of Use, you can contact the Company by email at: contact@adoptanimaux.com.