The present Contract governs the obligations and rights of the Client/User and the company KIWI SAS.
Definition of the Service.
The company KIWI SASU provides Internet users with a web application allowing the management of an association through the website www.kananas.com. The legal notices are available on this page.
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, it includes the interface and the database.
The CLIENT of the application www.kananas.com is an association-type structure.
The association management platform includes 2 software, the Backoffice and the website. The description of the provided services is available on the website www.kananas.com.
Access for a CLIENT who has subscribed to a subscription will be granted in exchange for the payment of a fee for a period of one year.
For access to the association management platform kananas.com, the price of the annual subscription is available at the address http://www.kananas.com/tarifs/
Payment is made online, through the Stripe partner, which ensures the confidentiality of the transaction. KIWI SASU has no knowledge of the CLIENT’s banking information.
Quality Commitments and Liability
KIWI SASU undertakes to implement all necessary means to carry out its mission and to guarantee, in particular, the proper functioning of its association management platform under this contract.
Therefore, in a commitment to quality of service towards its Clients, KIWI SASU will implement:
Technical means to provide the CLIENT with appropriate performance.
Backup systems for stored customer information (backoffice data).
A procedure for recovering stored customer 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 shall not be held liable in any case where the CLIENT would suffer, directly or indirectly, financial or technical damages, loss of business, loss of brand image, or any other prejudice of any kind that could occur parallelly or subsequently to the use of one of the modules of its association management platform.
It is expressly understood that the CLIENT assumes its respective financial, industrial, and professional risks. In any case, in the event of declared liability of KIWI SASU for any reason, the compensatory damages or damages that KIWI SASU might be required to pay to the CLIENT shall not 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 possible 24 hours a day, 7 days a week at the following address: http://www.kananas.com.
It is expressly agreed, for technical maintenance reasons necessary for the proper functioning of its services, that its access may be temporarily interrupted without the CLIENT being able to claim any compensation in any form whatsoever.
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 the CLIENT, who unconditionally accepts this authentication method under this contract.
For this reason, 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 promptly notify KIWI SASU by email in case they discover that the confidential nature of the Access Codes is no longer ensured.
KIWI SASU undertakes to suspend access to the application for anyone using the Access Codes subject to this loss of confidentiality. Thus, KIWI SASU shall not be liable in any case for the misused or unauthorized use of the CLIENT’s Access Codes.
Usage Limitation – Ownership
The association management platform www.kananas.com is the exclusive property of KIWI SASU, which is the sole holder of copyright and commercial exploitation rights. As such, KIWI SASU grants the CLIENT a personal, punctual, non-transferable, and non-exclusive right to use the association management platform through an annual subscription. Its copying or fraudulent use is punishable by civil and criminal sanctions.
In the event of assigning a domain name 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 case of software customization for a client, KIWI SASU remains the sole owner of the developed software code, and the client shall not claim access to the developed source code in any case.
As the association management platform is in constant evolution, the CLIENT accepts that the online software may be modified without prior notice. KIWI SASU is the sole decision-maker for the features included in its association management platform, as well as its visual appearance (user interface).
It is strictly prohibited for the CLIENT to provide a third party with all or part of the services offered by KIWI SASU.
Acceptance of IT Risks
The CLIENT acknowledges being aware of the risks inherent in computer hardware, software, and networks, especially those related to the Internet, whether in terms of random overall performance, weak security level, uncertain continuous accessibility to Web services, heterogeneity sometimes causing system incompatibility problems, without in any way the liability of KIWI SASU being engaged in the event of dysfunction of its association management platform that could be identified and whose causes would be directly or indirectly related to these risks.
In order to limit such risks, KIWI SASU undertakes to implement all techniques and technologies available on the market, whether in terms of anti-virus software, firewall system, 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 configuration necessary to use its association management platform normally.
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, or 30 days for the trial version; 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.
The data is stored in Europe (Frankfurt data center – Germany), we have entrusted our technical infrastructure to Linode.
In accordance with the “computer science and freedoms” law, you can exercise your right to access data concerning you and have it corrected by contacting us via this form.
In the context of their contractual relationship, the parties (KIWI SASU and the CLIENT) undertake to comply with the applicable current regulations regarding the processing of personal data, 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: the right of access, rectification, erasure, and opposition, the right to restriction of processing, the right to data portability, the right not to be subject to an automated individual decision.
The data entrusted to KIWI SASU is never communicated to third parties; KIWI SASU makes every effort to ensure 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 have the possibility to withdraw their consent at any time, through a simple method equivalent to that used to obtain consent. The CLIENT must be able to demonstrate at any time that the member has indeed consented, under valid conditions.
KIWI SASU cannot be held responsible for the failure to obtain consent from the members of one of its clients. The CLIENT then exposes itself to the sanctions provided for by the CNIL.
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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 reasons.
KIWI SASU may terminate the contract binding it to the CLIENT or prohibit the CLIENT’s access to 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.