This Contract governs the obligations and rights of the Client/User and the company KIWI sas.
Service Definition.
The company KIWI sasu provides Internet users with a web application for managing an association via the website www.kananas.com.
The company KIWI sasu is registered with the SIREN number 819424904. Its address is: 169 chemin des adrechs de valcros 83440 Montauroux, France.
The application is hosted at the internet address www.kananas.com, which includes the interface and the database.
The CLIENT of the application www.kananas.com is an associative structure.
The association management platform includes 2 software programs, the Backoffice and the website. The description of the services provided is available on the website www.kananas.com
Management Fees
Access for a CLIENT who has subscribed to a subscription will be granted in exchange for the payment of a fee for a one-year period.
For access to the association management platform kananas.com, the price of the annual subscription is available on this page.
Payment can be made online or by bank transfer.
Quality Commitments and Responsibility
KIWI sasu is committed to implementing all the means it deems necessary to successfully carry out its mission and to guarantee, in particular, the proper functioning of its association management platform within the framework of this contract.
Therefore, in a concern for quality of service towards its Clients, KIWI sasu will implement:
- Technical means to provide the CLIENT with appropriate performance.
- Systems for backing up stored client information (backoffice data).
- A procedure for recovering stored client information (SQL format).
Despite all the care taken by KIWI sasu and its technical partners to operate, verify, and update its association management platform www.kananas.com, it cannot be held responsible in any way if the CLIENT suffers, directly or indirectly, financial or technical damages, loss of operation or brand image, or any other harm of any kind, which could occur in parallel or following the use of one of the modules of its association management platform.
Kiwi SASU strives to offer its users a smooth and quality experience by integrating services from external partners such as Stripe, SendGrid, etc. However, it is important to note that Kiwi SASU cannot be held responsible for malfunctions, errors, service interruptions, or other problems related to the use of these partner platforms.
Each external partner (such as Stripe for payments or SendGrid for sending emails) is responsible for the maintenance and proper functioning of its services. In case of technical problems or questions regarding these services, we recommend contacting the technical support of the platform concerned directly.
Kiwi SASU remains available to assist and guide you if needed, but cannot be held responsible for the actions or failures of these external partners.
It is expressly agreed that the CLIENT assumes its respective financial, industrial, and professional risks. In any case, if KIWI sasu is held liable for any reason, the compensatory damages or compensation that KIWI sasu may have to pay to the CLIENT cannot exceed the amount of the annual fee paid by the CLIENT for the use of its association management platform.
Availability – Authentication
Access to the association management platform is available 24 hours a day, 7 days a week at the following address: http://www.kananas.com.
It is expressly admitted that, for reasons of necessary technical maintenance for the proper functioning of its services, access may be temporarily interrupted without the CLIENT being able to claim, in any form, any compensation.
To use the association management platform, the CLIENT has Access Codes assigned by KIWI sasu on the day the association management service is made available. The Access Codes are deemed necessary and sufficient to contractually identify, under this contract, the CLIENT who accepts this authentication method without reservation.
Therefore, these Access Codes are strictly personal and confidential, and each user of the CLIENT is solely responsible for their protection and use and undertakes to inform KIWI sas without delay, by email, if they notice that the confidentiality of the Access Codes is no longer assured.
KIWI sasu undertakes to suspend access to the application for anyone using the Access Codes subject to this loss of confidentiality. Therefore, KIWI sasu cannot be held responsible for the misuse or unauthorized use of the CLIENT’s Access Codes.
Usage Limits – Ownership
The association management platform www.kananas.com is the exclusive property of KIWI sasu, which is the sole holder of the copyright and commercial exploitation rights. In this regard, KIWI sasu grants the CLIENT a personal, one-time, non-transferable, and non-exclusive right to use the association management platform through an annual subscription. Its fraudulent copying or use is punishable by civil and criminal penalties.
In the event a domain name is assigned to a client, KIWI sasu remains the sole owner of this domain name for the duration of the client’s subscription. At the end of the subscription, this domain name will return to the public domain. In the event of software customization for a client, KIWI sasu remains the sole owner of the developed software code, and the client will not be able to claim access to the developed source code under any circumstances.
Since the association management platform is constantly evolving, the CLIENT accepts that the online software may be modified without prior notice. KIWI sasu is the sole decision-maker regarding the functionalities included in its association management platform, as well as its visual appearance (user interface).
It is strictly forbidden for the CLIENT to allow a third party to benefit from all or part of the services offered by KIWI sasu.
Acceptance of IT Risks
The CLIENT acknowledges being informed of the risks inherent to computer hardware, software, and networks, and particularly those related to the Internet, whether in terms of random overall performance, fallible security levels, continuous access to Web services not being guaranteed, heterogeneity sometimes leading to compatibility problems of computer systems, without KIWI sasu being held responsible in any way in case of malfunction of its association management platform that could be observed and whose causes would be directly or indirectly related to these risks.
To limit such risks, KIWI sasu undertakes to implement all the techniques and technologies available on the market, whether in terms of antivirus software, firewall systems, or any other computer system it deems necessary to make access to its association management platform safer and more efficient.
KIWI sasu also undertakes to provide the CLIENT, upon simple request, with the minimum mandatory configuration to normally use its association management platform.
Data Processing
The information collected by the application is recorded in a computerized file by KIWI sasu for the management of the client’s account.
They are kept for the duration of the subscription. At the end of the service provision related to the processing of this data, KIWI sasu undertakes to destroy all personal data within a maximum period of 3 months.
Free accounts that have not been used for 1 year will be automatically deleted.
The data is stored in Europe (datacenter in Frankfurt – Germany), we have entrusted our technical infrastructure to Linode.
In accordance with the « informatique et libertés » law, you can exercise your right to access and rectify data concerning you by contacting us via this form.
GDPR
In the context of their contractual relations, the parties (KIWI sasu and the CLIENT) undertake to comply with the applicable regulation on the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable from May 25, 2018. The rights to be respected are: right of access, rectification, erasure, and objection, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision.
The data entrusted to KIWI sasu is never communicated to third parties. KIWI sasu does everything possible to guarantee the confidentiality of personal data processed under this contract. KIWI sasu undertakes to take into account, with regard to its tools, products, applications, or services, the principles of data protection by design and by default.
Consent: the CLIENT undertakes to obtain the free, specific, informed, and unambiguous consent of its members to authorize the processing of their data. The member must be able to withdraw their consent at any time through a simple and equivalent method to that used to obtain the consent. The CLIENT must be able to demonstrate at any time that the member has consented under valid conditions. KIWI sasu cannot be held responsible for the failure to obtain the consent of the members of one of its clients. The CLIENT is then exposed to the sanctions provided by the CNIL.
Cookies
Cookies are small text files that are installed on your computer or device when you visit our websites.
We use cookies to:
- Remember your login information.
- Identify you when you log in to our websites.
Cookies help us collect information about how you use our website, but we do not store any personally identifiable information in our cookie data about you. We only record a unique session identifier that will help us retrieve a user profile and your preferences the next time you visit.
Please note that if you choose to block our cookies, most of the features of this site will be disabled.
Termination
In accordance with the current French legislation on distance selling, the CLIENT is informed that they have a period of fourteen (14) calendar days from the date of registration to exercise their right of cancellation without penalties and without reason.
KIWI sasu may terminate the contract binding it to the CLIENT or prohibit them from accessing its association management platform without delay or compensation and without prejudice to any possible compensation, in the event of a breach by the CLIENT of any of its obligations under this contract.