Terms of use

1.   Preamble

1. The mobile application Fashion Creatives (hereinafter the “application”) is published by the company Simone Publications, a French société à responsabilité limitée unipersonnelle with a share capital EUR 10000, having its registered office located at 40 rue Alexandre Dumas, 75011 Paris, registered in the Register of Commerce andCompanies of Paris, under number 802 841 197, which is its owner.

2. The company Simone Publications has developed the application and associated services, accessible on mobile phones and digital tablets, downloadable from the platforms [iOS, Android].

3. The Application gives access to anintermediation platform between providers/freelance workers from the fashion industry(photographers, designers, graphic designers, makeup artists, hairdressers, etc.) and advertisers.

4. Any use of the application requires reading and accepting these terms of use. The user acknowledges that the use of the application requires compliance with all the requirements defined herein.

5. The company Simone Publications does not take part in the exchanges between the users of the application or in any transaction which could result therefrom.

6. THE USERS SHOULD NOTE THAT SIMONE PUBLICATIONS, PUBLISHER OF THE APPLICATION, IS NOT THE PROVIDER OF THE SERVICES OFFERED ON THE APPLICATION.

2.   Definitions

7. The terms defined below have the following meaning:

  • “advertiser”: means a legal entity which created an account on the Application in order to use the services of providers;
  • “application”: means the mobile application called Fashion Creatives, developed by the company Simone Publications; a downloadable software which can be executed from the user’s mobile terminal operating system to create a platform connecting providers/freelance workers from the fashion industry with advertisers;
  • “personal data”: means any information relating to a natural person who is identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him or her;
  • “identifiers”: means the login and password of the provider;
  • “provider”:  means a legal entity or natural person of legal age who offers their skills on the application and who subscribed to a “provider” account.
  • “services”:means the services offered by the provider to the advertisers through the application;
  • “app services”: means the services offered by Simone Publications;
  • “user(s)”: means collectively the advertisers and the providers, i.e. a natural person who downloaded the application and acting in a professional setting.

3.   Prerequisite

8. The user acknowledges and states that:

  • he has the technical skill to use this application;
  • he is a legal entity or a natural person with the full legal capacity to enter into these terms of use;
  • he is informed that his commitment does not require a handwritten or electronic signature.

4.   Purpose

9. The purpose of these terms of use is to define the terms and conditions for online linking between advertiser sand providers for the performance of services in the fashion industry referenced by Simone Publications on the application. They govern all the steps necessary for the subscription by the user to the app services offered by Simone Publications.

10. The company Simone Publications only acts as an intermediary by linking providers and advertisers. As a result, he user is informed that the service contract is not entered into with Simone Publications but between the selected service provider and the advertiser.

5.  Contractual documents

11. The contractual documents that are binding upon the user are:

  • these terms of use;
  • where applicable, the special conditions applicable to certain app services accessible within the application ;

12. In case of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher rank will prevail for the obligations subject to a conflict of interpretation.In case of contradiction between the terms of documents of the same order, the latest documents will prevail over the others.

13. Ranking criteria will be applied according to the following principles:

–        obligation by obligation;

–        or otherwise, paragraph by paragraph;

–         or otherwise article by article.

6.  Acceptance and enforceability of the terms of use

14. Users may use the application subject to prior acceptance of these terms of use.

15. The user states that he obtained from the company Simone Publications all the necessary information concerning the app services offered through the application and accepts unreservedly these terms of use.

16. The terms of use may be modified or amended at any time by the company Simone Publications in particular to reflect changes made to the application.

17. In case of modification of the terms of use, the new terms of use will be notified when the user opens the application and he must accept them again by clicking on “I accept”.

18. The terms of use linked to the application prevail over any printed version of previous date.

19. In any case, on the date of first use of the application by the user, the terms of use are deemed to be read and applicable.

20. The user may at any time stop using the application and the associated app services but remains responsible for any previous use.

7.  Hardware compatibility

21. Before using the application, the user is asked to check the compatibility of his equipment with the application.

8.  Conditions of access and identification

8.1  Access to the application

22. The application is normally accessible 24/7, subject to maintenance operations.

23. Access to the application is free and free of charge to any user with access to the internet. All costs related to access, whether hardware, software or Internet access costs, are exclusively borne by the user. The advertiser is solely responsible for the proper functioning of its computer equipment and its access to the internet.

24. The company Simone Publications shall endeavor to provide quality access and to allow users to use the means of communication made available to them in the best possible conditions.

25. However, the company Simone Publications reserves the right, without notice or compensation, to temporarily or permanently cease all or part of the app services, in particular to carryout an update, maintenance operations, modifications or changes to the operational methods, servers, etc. without limitation.

26. The company Simone Publications shall not be liable for damages of any kind that may result from these changes and/or temporary unavailability or the definitive closure of all or part of the application or one or more of its app services.

27. The company Simone Publications reserves the right to supplement or modify the application at any time, in particular to add new functionalities, modify the existing functionalities or to take into account the evolution of the technology.

28. The user shall follow the possible evolution of IT equipment and communication means at his disposal so that these means can adapt to changes in the application.

8.2  Setting up an account

29. Some parts of the application are reserved and are accessible only to users who have a personal account after identification using their identifiers.

30. To benefit from all the proposed functionalities, the user must register and set up an “advertiser”or “provider” account.

31. This account set-up procedure includes the following steps:

32. While setting up his account, the user undertakes to provide accurate and complete information and to update regularly the information.

33. The user must give a valid email address that will allow, in particular, the reception of an email confirming his registration and retrieval and modification of his password.

34. The user shall ensure that he has exclusive access to the email allowing the procedure to change the password.

35. The user is sole responsible for the safeguarding, storage and confidentiality of his identifiers and other confidential data that may be communicated to him by Simone Publications.

36. The user undertakes to take all useful measures to ensure said proper confidentiality.

37. Any use of identifiers shall be deemed as a use of the app services offered on the application by the user to which they belong.

38. The user undertakes to notify the company Simone Publications without delay of any communication to third parties or theft of his identifiers.

39. This notification should be sent to the company Simone Publications on the contact form.

40. The user is sole responsible for the use that is made under his identifiers until he has reported the situation and asked the company Simone Publications a change of the latter.

41. The liability of the company Simone Publications cannot be sought in the event of fraudulent or abusive use or due to a voluntary or involuntary disclosure of the identifiers to any third party.

8.3  Suspension and termination of account

42. In case of suspicion of fraudulent use of the user’s account, the company Simone Publications reserves the right, without any compensation and without notice, to suspend or terminate the account of the user.

43. The company Simone Publications shall not be held responsible for any loss or damage occurring due to the breach of the user’s confidentiality duties.

44. In the event of a breach of the duties provided for in these terms of use, the company Simone Publications reserves the right, without compensation and without notice, to suspend access to all or part of the account until the cause of suspension has disappeared, or even terminate the account in view of the seriousness of the breach.

45. ​​The user acknowledges that the company Simone Publications shall not be held responsible towards him or any third party for the consequences of the termination or the suspension of the account.

46. The user may at any time cease the use of the app services and ask the company Simone Publications to terminate an account through the application.

47. In all cases, the user remains liable for any use of his account prior to the termination of this account.

8.4  Security

48. The company Simone Publications shall make its best efforts, in accordance with the good practices of the industry, to secure the application with regard to the risks incurred and the nature of the processed data.

49. The application is an automated data processing system.

50. It is forbidden for the user to access or to remain, fraudulently, in all or part of the application. It is forbidden for the user to use an access method other than the interface made available by the company Simone Publications. Should the user find such a method or enter, without right or inadvertently, a reserved area, the user undertakes to inform the company Simone Publications without delay using the form so that it can take the necessary measures.

51. It is forbidden for the user to delete or modify data contained on the application, or to fraudulently introduce data or even to alter the operation of the application. The user shall make sure in particular not to introduce a virus, malicious code or any other technology harmful to the application.

52. Any access to a prohibited area shall be deemed a fraudulent access.

53. The user undertakes to regard all the data that he has become aware of during such access to an unauthorized area as confidential data and undertakes, therefore, not to disclose it.

54. It is forbidden for the user in particular to carry out any operation to overflow a page, any rebound operation or any operation that has the effect of hindering or distorting the operation of the application.

55. The user undertakes not to use devices or software of any kind that would disrupt the proper operation of the application.

56. The user undertakes not to take any action that may cause a disproportionate burden on the application’s infrastructure.

57. The user accepts the characteristics and limitations of the internet. He is aware that data circulating on the internet is not necessarily protected, especially against possible diversions.

58. The user shall take the appropriate steps to ensure the security of his own data and / or software from contamination by possible viruses on the Internet.

9.   Description of the application

59. The application allows advertisers to call on a provider (photographer, designer, graphic designer, makeup artist, hairdresser) to perform a service in the field of fashion.

60. The essential features of the services as well as the skills, experience and availability are set out on each provider profile.

61. These elements are summarized in the quote sent by the service provider.

10. Order process

10.1 Choice of services

62. The advertiser may choose a provider on the application either through algorithms or through a search engine.

63. It is specified that only the services detailed on the profile of the service providers are available via the application.

64. The advertiser acknowledges having read the nature, purpose and methods of use of the services available on the application and having requested and obtained necessary and/or additional information to place its order with full knowledge of the facts.

65. The advertiser is sole responsible for its choice of services, and their suitability for its needs, so that the responsibility of the company Simone Publications cannot be sought in this regard.

66. The total or partial inability to use the services, particularly due to poor quality of services or incompatibility to needs, cannot give rise to any compensation, refund, or triggering of company Simone Publications liability.

10.2 Service order process

67. Any order implies full acceptance of these terms of use.

68. The contracting procedure at the initiative of the advertiser includes the following steps:

  • Step 1: Filling out the form;
  • Step 2: Choice of service categories;
  • Step 3: Selection of the service provider(s);
  • Step 4: Sending a quote by the service provider(s);
  • Step 5: Validation of the quote(s) by the advertiser;
  • Step 6: Delivery of the service by the service provider;
  • Step 7: Sending of an email or SMS to the advertiser
  • Step 8: Email notification of the validation and sending the paid invoices with the date of beginning and end of the service.

69. In addition to these steps, the user can permanently access his profile in order to modify the registered information.

70. Any order is taken into consideration only after acceptance and validation of the quote by the advertiser and service provider.

71. Any rejection of payment will trigger the cancellation of the order, the advertiser and the service provider being informed of said cancellation, which will result in the service not being provided.

72. The service provider undertakes to complete the orders received within the given deadlines and, in the event of unavailability, to inform the advertiser by any means at his convenience; the advertiser can then cancel his order and be reimbursed of the sums already paid, as the case may be.

11.  Price

11.1.1 Price of services delivered by the provider

73. The prices of the services offered by the providers on the application are listed in euros in amount inclusive of VAT on the text of the advertisement.


74. The prices of the services do not include the communication costs related to the use of the online service which are borne by the advertiser.

11.1.2 Subscription options prices

75. Simone Publications offers various paid subscription options for the delivery of  service:

Recruiters

Premium (19.99 EUR)

Creatives

Unlimited (1.99 EUR)

Books (1.99 EUR)

Alerts (1.99 EUR)

76. The prices shown include the VAT applicable, as the case may be, on the day of the order and any change in the rate applicable to the VAT is automatically reflected in the prices of services offered for sale.

12.  Payment

12.1.1 Price of the services delivered by the provider

77. Advertisers and service providers will be personally responsible for the conclusion of the contract between them, it being specified that Simone Publications will not be party to the contract and shall not be held responsible for the conditions of performance, delivery, warranty relating to the contract and conformity of the products and services delivered by the provider.

78. The advertiser agrees to pay the provider according to the terms and conditions of the advertising

  • Visa and Mastercard ;
  • Stripe ;
  • In-app Purchase for mobile users (Google Pay, Apple Pay, etc.).

12.1.2 Subscription options price

79. Payment will be made online by the following means of payment at the time of order of the option.

13.   Push Notifications

80. The user may receive messages from the company Simone Publications during the use of the application.

81. These messages may be promotional messages targeted according to the use of the application by the user or messages intended to promote the use of the application and its various functionalities.

82. The user may refuse to receive these notifications after acceptance of these terms of use and at any time by changing the appropriate settings of his mobile phone.

14. Preservation and archiving

83. The company Simone Publications ensures the preservation of the written record of the order of the advertiser concerning any amount greater than or equal to one hundred and twenty (120) euros during a period of ten (10) years from the delivery which was the subject of the order for services, and guarantees its access at any time during such period.

84. The contract documents will be kept in electronic form or hard copy.

85. The company Simone Publications ensures access to the archived contractual documents at the request of the advertiser. The request must be made on the online form.

15.  Role of the company Simone Publications

86. Under no circumstances does the company Simone Publications take part in the formation or execution of the contractual relationship that may be concluded between the users, since a contract can only be concluded between them, and not directly through the application.

87. The company Simone Publications shall in no way guarantee the effective conclusion of a contractual relationship between them.

88. The company Simone Publications stresses that it does not act as owner, custodian, provider, guarantor, expert, surety or negotiator. It is therefore not bound by the obligations related to these qualifications, particularly as regards the guarantees that may be attached thereto.

89. Lastly, the company Simone Publications shall not under any circumstances be held liable, in any way whatsoever, in the event of a dispute or litigation between providers and advertisers concerning, in particular, any question relating to services, such as, in particular, deadlines, compliance, quality, delivery and receipt.

16. Use of the application

90. The user undertakes to only use the application for strictly professional purposes as part of the services referred to in the application and, in this framework, not to commit any act of infringement, not to reproduce, download, represent, modify, all or part of the application and not to disrupt the proper operation of the application, including not to introduce viruses or other harmful technology to the application or associated app services.

91. The user is fully responsible for the use he makes of the application and associated app services. He agrees to use the application fairly, in compliance with these terms of use, the applicable laws and regulations, including laws relating to intellectual and industrial property.

92. The user also undertakes not to access SIMONE PUBLICATIONS’ mobile applications by any means other than downloading the application distributed by SIMONE PUBLICATIONS from legal platforms such as Google Play for Android and App Store for iOS.

17.     IT technology and privacy

17.1    Personal data

93. Simone Publications is in charge of data processing and processes personal data concerning the user mainly for the following purposes:

94. The data thus collected are essential for data processing and are intended for Simone Publications relevant app services, as well as, where appropriate, its subcontractors or providers.

95. The collected data may be kept for the duration of the contractual relationship plus the duration of the legal prescriptions, depending on the type of data collected.

96. In compliance with applicable laws, the user has a right of access, rectification or suppression, limitation of the processing of his data, a right of opposition to the processing, a right to the portability of his data and the right to define guidelines for the future of his data after his death, which are exercised by email to contact@fashion-creatives.com or by postal mail sent to the attention of Simone Publications, which is in charge of data processing, to the following address: 40 rue Alexandre Dumas, 75011 Paris, with a copy of an identity document.

97. Finally, the user has the right to lodge a complaint with the French National Commission for Data Protection and Privacy (CNIL), the supervisory authority in charge of compliance with duties regarding personal data.

17.2 Cookies

98. The user agrees to the possibility for the company Simone Publications to use cookies or any other assimilated technology to track navigation and thus collect the associated data.

99. Cookies record certain information that is stored in the memory of the computer equipment used by the user.

100. The user can delete cookies at anytime by using his browser. This option may result in the loss or securing of certain features.

101. For more information, click on fashion-creatives.com.

18.    Property

18.1 Intellectual property

102. These terms of use do not imply any transfer to the user of any kind of intellectual property rights relating to the items belonging to the company Simone Publications.

103. The content of the application, its general structure as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programs, search engines, databases, sounds, videos, domain names, design and know-how of the company Simone Publications and all other elements of the application or any other information contained therein, without limitation, are the exclusive property of the company Simone Publications or partners or third parties who have licensed them, and are protected in particular by intellectual property rights which are or will be legally protected.

104. Any reproduction and/or representation, in whole or in part, of one of these elements, without the express consent of the company Simone Publications, is forbidden and would constitute in particular but not exclusively an infringement punishable under the provisions of the French Code of Intellectual Property.

105. Similarly, trademarks, distinctive signs, sketches, studies, projects, instructions for use or assembly, photographs, technical and commercial documents and models of the company Simone Publications related in particular to sold services, as well as all computer programs, applications, codes and related information remain its exclusive property.

106. Consequently, it is forbidden for the user to take any action and any measure likely to infringe directly or indirectly the property rights of the company Simone Publications.

107. It is also prohibited for the user to erase, remove, or hide in any way the signs of ownership of the company Simone Publications or its licensors on the services, or from ostensibly listing said ownership signs, labels or marks on copies of the services.

108. This article shall survive the extinction of these terms of use, for whatever reason or motive, until the end of its particular purpose.

18.2 Methods and know-how

109. The company Simone Publications shall retain the entire and exclusive ownership of the methods, know-how and tools which are proprietary to it for the performance of these contractual provisions.

110. ThisProperty clause shall survive the extinction of these terms of use, for whatever reason or motive, until the end of its particular purpose.

19. Liability

111. The company Simone Publications waives any liability concerning any down-time or bug of the application. The company Simone Publications does not give any guarantee, concerning all or part of the application in particular relating to possible direct or indirect damages resulting from the use of the application. The application may contain links to other external sources. Since the company Simone Publications cannot control these external sources, the company Simone Publications shall not be held responsible for the content, services, deliveries, advertisings, or other elements available on these external sources. The company Simone Publications encourages the user to read the terms of use that may be available on said external sources.

112. This article shall survive the extinction of these terms of use, for whatever reason or motive.

20.     Insurance

113. The company Simone Publications and the provider certify that they have taken out an insurance policy with are putable insurance company established in France for all the pecuniary consequences of their professional, tort and/or contractual civil liability, asa result of personal injury, material and immaterial damage caused to the advertiser and to any third party in the performance hereof.

21.     General provisions

21.1 Good faith

114. The user states that these commitments are made in good faith.

21.2 Entirety of the agreement

115. These terms of use constitute the entirety of the obligations of the users.

116. No general or specific condition of one of the parties may be incorporated into this contractual document.

21.3 Titles

117. In the event of interpretation difficulties resulting from a contradiction between any of the titles appearing at the head of the articles herein and any of the articles, the titles will be deemed unwritten.

21.4 Partial invalidity

118. If one or more provisions of these terms of use are held as invalid or declared as such under any law, any regulation or following a res judicata decision of a competent court, the other provisions shall remain in full force and effect.

21.5 No waiver

119. The users agree that the fact for the company Simone Publications to tolerate a situation does not have the effect of granting acquired rights to the other party.

120. Moreover, such a tolerance cannot be regarded as a waiver of the concerned rights.

21.6 Transfer

121. The user agrees that the rights and duties arising from these terms of use may be transferred by the company Simone Publications to a third party in particular in the event of a merger or an acquisition.

21.7 Independence of the parties

122.  Neither party may make a commitment in the name and on behalf of the other party.

123. In addition, each of the parties remains solely responsible for their actions, statements, commitments, deliveries, services and staff.

21.8 Subcontracting

124. The user authorizes the company Simone Publications to involve any subcontractor of its choice within the framework of the performance of these terms of use and the services. In this case, the user agrees that the company Simone Publications or the provider discloses to its subcontractors the information necessary for the execution of these terms of use.

21.9  Evidence agreement

125. Computerized records kept in computer systems will be preserved by the company SIMONE PUBLICATIONS under reasonable security conditions and considered as proof of communications between the parties.

126. The same applies to emails exchanged between the parties.

22. Applicable law

127. These terms of use are governed by the laws of France.

23.     Jurisdiction

128. IN CASE OF DISPUTE, THE COMPETENT COURTS OF PARIS SHALL HAVE EXPRESS JURISDICTION, NOTWITHSTANDING PLURALITY OF DEFENDERS OR THIRD-PARTY REJOINDER,EVEN FOR EMERGENCY PROCEDURES OR FOR CONSERVATORY PROCEEDINGS, BY COURT ORDER OR BY REQUEST.

24.     Date of last update

129. These terms of use were last updated on 2nd October 2018.


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