General Terms and Conditions of Service and Use

of Join2ship

LEGAL INFORMATION

Site Publisher

DATA DYNAMIC SYSTEMS (DDS Logistics)
Tel: 33 (0)1 53 58 35 80
Email: marketing@join2ship.com
Nanterre Trade Register (RCS): 329 324 792
Limited liability company with a board of directors and a supervisory board, with a capital of €1,068,284.90
150, rue Gallieni – 92100 Boulogne-Billancourt, France
Content manager: Jérôme Bour

Hosted by

AZURE MICROSOFT
Headquarters: Microsoft Ireland Operations Ltd, Atrium Building Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland.
For more information, please refer to : https://www.microsoft.com/en-us/TrustCenter/Privacy/default.aspx

Personal data protection

In accordance with current laws and/or regulations on the protection of personal data, DDS Logistics hereby notifies users of the site www.join2ship.com (the “Site”) that, in supplying the services offered via the Site, it shall process their personal, on behalf of and under the instructions of their clients, in its capacity of ‘processor’ of its client subscribers, the ‘controller’ of such processing.
Moreover, DDS Logistics may come to process information submitted by users at the stage of the subscription forms supplied on the Site, for its own purposes and in its capacity of ‘data controller’. Such processing is to be carried out by authorised personnel of DDS Logistics for administrative and commercial purposes.
In accordance with current data protection laws and/or regulations, users are entitled to access and alter their personal data. They also entitled to contest the processing of their personal data on legitimate grounds, as well as to contest the use of such data for marketing purposes.
In order to exercise these rights, users must write to the following postal address: DATA DYNAMIC SYSTEMS, 150, rue Gallieni – 92100 Boulogne-Billancourt.
Users are notified that, when they visit the Site, a cookie may become automatically installed in their browser software. Rule on cookies may be viewed in the Privacy Policy.

Intellectual property

The Site www.join2ship.com taken as a whole, and all of its component parts taken individually (particularly specific programmes and developments and content including data, texts, still or animated images, logotypes, sounds, graphics, files) are the sole property of DDS LOGISTICS. Any total or partial representation of the Site or any of its component parts is prohibited without the express permission of DDS LOGISTICS and constitute infringement punishable under articles L.335-2 et seq. of the French Intellectual Property Code. The databases of the site www.join2ship.com are protected by articles L.341-1 et seq. of the French Intellectual Property Code and any qualitatively or quantitatively substantial extraction or reuse of database content is punishable by law. The brands Join2ship and DDS LOGISTICS, as well as their logos on the site www.join2ship.com are registered trademarks. Any total or partial representation of these brands or logos is prohibited without the express permission of DDS LOGISTICS, under articles L.713-2 et seq. of the French Intellectual Property Code. Other distinctive signs, particularly company names, trade names, signs and domain names reproduced on the site www.join2ship.com, are the property of DDS LOGISTICS or third parties and many not be used without their permission.

General Terms and Conditions of Service and Use – JOIN2SHIP® – V1.00

 

1. PREAMBLE

The website Join2ship® (hereinafter ‘JOIN2SHIP. or ‘the Site’), accessible via the address https://www.join2ship.com,is published by DDS LOGISTICS, a limited company entered into the trade Register (RCS): of Nanterre under number 329 324 792, and headquartered at 150, rue Gallieni, 92100 Boulogne-Billancourt, France (‘DDS LOGISTICS’ or the ‘Service Provider’).
The Site is hosted by:
AZURE MICROSOFT – Microsoft Ireland Operations Ltd, Atrium Building Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland (the ‘Hosting Company’).
The Site is a collaborative platform for managing BtoB transport operations, accessible online via the above-mentioned address https://www.join2ship.com, the objective of which is to bring together and connect companies (manufacturers and suppliers, their clients and carriers) within the social network JOIN2SHIP and around a range of services including (but not limited to) creating personalised appointments, monitoring deliveries and their traceability.
Only registered companies (‘Clients’) and their employees (‘Members’) may register and, where relevant, subscribe.
These general Terms and Conditions of service and use (the ‘General Terms and Conditions’) are and remain applicable from the first use of the Services (as this term is defined under the article ‘Provision of Services’ below) provided on the Site.
In using the Services, You agree to be bound by these General Terms and Conditions. In the event of a disagreement with these General Terms and Conditions, the Services should not be used. You are asked to regularly consult these terms and conditions, given that each use of the Services is subject to the current version of the General Terms and Conditions.
It will not be possible to access the Site and Services if You are a direct competitor of the Service Provider, unless prior written agreement is given. Moreover, any access to the Site and Services for the purposes of monitoring their availability, performance or functionalities or for the purposes of comparative or competitive analysis is strictly prohibited.

2. DEFINITIONS

‘Subscription’: refers to the JOIN2SHIP’s subscription offers Basic, Premium and Enterprise as set out in the Pricing terms; the Subscription chosen by the Client and registered in their JOIN2SHIP Account is managed by the Administrator.

‘Client’: refers to the company in possession of an Account for the use of the Site and Services by their Members.

‘JOIN2SHIP Account’: refers to the space in which the Administrator completes the registration form in respect of the Client’s profile and their Member profile and from which Members will have access to some or all of the Data.

‘JOIN2SHIP Community’: refers to the online community of businesses created by JOIN2SHIP and bringing together all registered Members.

‘General Terms and Conditions’: refers to these contractual terms and conditions of service and use to which the Client must agree upon creating the JOIN2SHIP Account and to which Members must agree upon registering.

‘Pricing terms’: refers to the JOIN2SHIP pricing terms accessible at the URL address https://www.join2ship.com/fr/pricing.html, which stand in addition to General Terms and Conditions and specify certain information including (but not restricted to) the amount of the various subscriptions and applicable taxes and any payment plans.

‘Documentation’: refers to the document(s) that the Service Provider publishes on the Site, or at any other URL to be communicated to the Client at any time, which describe the Services and related conditions of use.

‘Data’: refers to all of the (i) Client information, (ii) Member data and (iii) Operational Data about the Client.

‘Member data’: refers to the identifying data entered by Members at the time of registering.

‘Operational data’: refers to data entered by the Members when using the Services (for example, information relating to an order, shipment, place of delivery, a requested delivery slot) and Results; Operational Data are shared between the Clients affected by them (for example the Operational data relating to the tracking of the shipment between a supplier Client and a carrier Client).

‘Malfunction’: refers to any Service interruption or deterioration observed by the Service Provider.

‘Business Hours’: refers to the hours between 9 a.m. and 7 p.m. (French local time), Monday to Friday, with the exception of public holidays and the Service Provider’s exceptional closing days. The Service Provider reserves the right to change their opening hours and shall notify the Client of the new opening hours by any means of their choosing.

‘Credentials’: refers to the codes for accessing the Site and its Services as chosen and retained by the Members.

‘Client Information’: refers to the Client’s registration data entered by the Administrator upon creating the Client’s JOIN2SHIP account; this information is visible to any Site Member.

‘Members’: refers to the Administrator and Client’s employees invited by the Administrator to join the Site to use the Services and Documentation. They belong to the JOIN2SHIP Community.

‘Administrator’: refers to the Client’s employee duly authorised by the Client to create and manage the JOIN2SHIP account of the Client and to invite other Client employees to become Members and/or third parties to join the JOIN2SHIP Community.

‘Results’: refers to the results of processing performed by the Services based on the data entered by the Members using the Services (for example, the information relating to an order, shipment, place of delivery, requested delivery slot).

‘Site’: refers to the JOIN2SHIP website, accessible via the address www.join2ship.com, access to which requires an internet connection and through which the Service Provider provides the Client with the Services provided that they have a JOIN2SHIP Account.

‘Services’: refers to the services provided via the Site and described under the article ‘Provision of Services’.

‘Solution’: refers to the software, database and a mobile application (the use of which being specifically governed by General terms of use for the mobile application Join2ship), taken as a whole, devised and developed by the Service Provider who uses it to provide Services to all of their Clients, for a given application or a given function, via the Site.

‘Virus’: refers to any element or device (including software, code, file or programme) liable to prevent, hinder or in any other way compromise the performance of any software, hardware or computer network, any service, telecommunications equipment or network or any other service or device, to prevent, hinder or in any other way compromise access to any programme or data or its performance, including the reliability of any programme or data (whether it be by modifying, altering or erasing the programme or data, in whole or in part or in any other way), or to compromise the user experience, including worms, Trojan horses, viruses and any other similar elements or devices.

‘You’: refers to the Client or Member invited to agree to these General Terms and Conditions when registering on the Site with a view to using the Services.

3. PURPOSE

The purpose of the Contract is to set out the conditions under which the Service Provider, subject to the Client meeting their obligations and in accordance with the Pricing terms of the Subscription chosen by the Client, grants the Client a limited, personal, non-assignable, non-transferable and non-exclusive licence allowing the access and use of any or all of the Services by the Client and their Members.
It is the Client’s responsibility to ensure that the Services meet their own needs, particularly on the basis of the specifications provided in the Documentation made available to them, and that they have the necessary skills to access and use the Services.

4. CONTRACTUAL DOCUMENTS – ENTIRE AGREEMENT

The acceptance of these General Terms and Conditions and the choice of any Subscription by the Client, as recorded in their JOIN2SHIP Account, in accordance with the Pricing terms, taken together amounts to a contract between the Client and the Service Provider and, where relevant (notably article “Content shared by Members in the JOIN2SHIP Community”), between the Service Provider and Members (the ‘Contract’).
If the Client does not take out any Subscription, the Contract is made up of these General Terms and Conditions only.
The Contract constitutes the entire agreement between the Service Provider and Client in terms of the access to and use of the Services and cancels and replaces any prior agreement or undertaking on the same subject, whether written or verbal.
Particularly, the general terms and conditions of purchase or any similar document issued by the Client shall be considered as null and void, unless an exemption is specifically granted by the Service Provider.

5. CONDITIONS FOR ACCESSING AND REGISTERING WITH JOIN2SHIP

5.1 Access

Any visitor with an internet connection may browse freely on JOIN2SHIP. Such browsing does not entitle the visitor to use Site Services. To do so the visitor must register.

5.2 Client Registration

5.2.1 The registration form to be filled in by the Client and the Administrator

In order to use JOIN2SHIP, users must first register with the Site. This registration is through an online registration form accessible via the Site, to be filled in by the Administrator authorised by the Client with the Client’s information and their own identifying information (i.e. the Member’s Data). Registering allows a JOIN2SHIP Account to be created.
The Client undertakes to enter accurate, up to date in the registration form. Fields marked with a (*) must be filled in.

The following data must be entered in the registration form:

  • last name and first name, email address and password, direct telephone line or mobile number of the Administrator Member.
  • the Client’s company name
  • Client’s Company registration number,
  • Client’s post code, town and country,
  • Client’s GPS coordinates,
  • Client’s website,
  • Client’s logo to be downloaded (optional).

JOIN2SHIP reserves the right to check the information provided by the Administrator and to request any necessary evidence to show that the Client operates an established business.
Having (i) filled out the registration form, and (ii) agreed to these General Terms and Conditions by ticking the box, the Administrator receives an account activation email sent to the address given in the registration form.
Once registered, the Client has a company profile page on the Site. This page is referenced online with the logo JOIN2SHIP, particularly by search engines and is public, which the Client expressly accepts.

5.2.2 Creation of the JOIN2SHIP account and the role of the Administrator

In order to register the Client and create the JOIN2SHIP account, the Administrator, duly authorised by the Client, shall be required to choose a user name corresponding to a business email address and a very secure password which must be strictly confidential and personal to the Administrator who has full responsibility for it.
The Administrator may invite the Client’s employees or those of another company to join the JOIN2SHIP community.
The Administrator may deactivate the Client’s Members should they fail to comply with these General Terms and Conditions.
Should the Administrator leave, for any reason, a new Administrator shall be appointed by the Client.

5.2.3 Registration and unsubscribing of Members

In order to create their profile, the Member shall be required to choose a user name corresponding to a business email address and a very secure password which must be strictly confidential and personal to the Member who has full responsibility for it.
Upon registering, by ticking the relevant box, the Member may choose for their registration data (i.e. the Member Data) not to be visible to the JOIN2SHIP Community. This means that no other Member may access the profile of that Member, nor may they see it appear in the JOIN2SHIP Community. However, Operational data (for example appointments) containing the Member’s first name and last name, entered by her/him and/or shared with her/him, shall be shared with the Members affected by such Operational data, including in the event that a Member removes their registration under the conditions set out hereinafter under the article ‘Unsubscribing request’.
The Member may invite other Client employees or employees of another company to join the JOIN2SHIP community.
The Member may close their account at any time by clicking on ‘Close my account’ under the conditions set out hereinafter under the article ‘Unsubscribing request’.

5.2.4

In general terms, the Client takes responsibility for the security of individual posts accessing the Services. Should the Administrator become aware of access by an unauthorised person, they shall notify the Service Provider immediately by any means and shall send the Service Provider a confirmation email.
The Service Provider offers a password modification procedure in the event of the loss or theft of a Credential.

6. EFFECTIVE DATE – TERM

The Contract shall take effect when the Administrator agrees to the General Terms and Conditions under the conditions set out above under the article ‘Conditions for accessing and registering with JOIN2SHIP’.
The Client may opt to close their JOIN2SHIP Account at any time. In this case, any invoices issued by the Service Provider for which payment remains outstanding at the time the Account is closed shall remain payable by the Client in all circumstances.
The Service Provider may opt to close the Client’s JOIN2SHIP Account in the cases set out below under the Article ‘Removal of the JOIN2SHIP Account’. In this case, any invoices issued by the Service Provider for which payment remains outstanding at the time the Account is closed shall remain payable by the Client in all circumstances.
In the event that the Client chooses not to renew their Subscription, they shall remain bound by these General Terms and Conditions and shall continue to be able to use the free Services, subject to the terms set out below under the Article ‘Removal of the JOIN2SHIP Account’.

7. PROVISION OF SERVICES

Subject to the Client complying with these General Terms and Conditions and depending on any Subscriptions chosen, the Service Provider shall provide the following services (the ‘Services’):

  • access to the Services via the Site,
  • access to the JOIN2SHIP Community,
  • an online profile page for the Client’s company on the Site,
  • the Solution and other software, data, texts, images, sounds, videos and content provided by the Service Provider via their Site and included in the provision of Services (the ‘Content’),
  • Data hosting,
  • the right to authorise their Members to access and use the Services,
  • Data back-up,
  • any Service functionalities offered as part of the Subscriptions,
  • any new additional functionality or improvements added to the Services offered to all Clients.

The scope of the aforementioned rights is set out in sections 7.1 to 7.6 below.

The Client acknowledges that, as part of their Subscription, the Service Provider may invoice them for their use of certain functionalities listed above if the Site indicates that they are for sale, and the corresponding amounts shall be invoiced in accordance with the article ‘Pricing terms’.
The Service Provider shall do their utmost, through reasonable means, to publish the Site or notify the Client of any planned interruption of Services, as well as to warn them directly by email prior to terminating their account on the Site under the conditions stipulated hereinafter under the article ‘Removal of the JOIN2SHIP account’.

7.1 Scope of use

7.1.1

Provided these General Terms and Conditions herein are complied with, the Service Provider grants the Client a personal, non-exclusive and non-transferable licence to use the Services solely for the purpose of their internal commercial activities.
The Services must be used in accordance with these General Terms and Conditions as well as the operational and safety regulations and instructions contained within the online Documentation.

The Services must be used for the needs of the Client only and for a unlimited number of Members.

7.1.2

The Service Provider reserves all intellectual property rights to the Services, Documentation and Site.
Any use not expressly authorised by the Service Provider under the General Terms and Conditions is unlawful. thus, in using the Services, the Client undertakes not to, and not to allow their Members to:

  • store, distribute, share or access Viruses or content of any kind which:
    • are unlawful, harmful, threatening, defamatory or obscene, which amount to an infringement of rights or harassment, or are insulting towards a race or ethnic group;
    • facilitate unlawful activity;
    • depict sexually explicit images;
    • encourage unlawful acts;
    • amount to discrimination on the grounds of race, gender, colour, religious conviction, sexual orientation, disability or any other unlawful activity;
    • or violate people or property of any kind.
  • represent, distribute or market the Services and/or Documentation, whether free of charge or in exchange for payment;
  • use the Services or Documentation in any way for the purposes of devising, delivering, distributing or marketing services or similar, equivalent or substitute solutions in competition with the Services.
  • attempt to decompile, disassemble, reverse engineer any of the functionalities of the Services and Solution, nor in any other way reduce them to a more observable form.
  • use the Services to supply services to third parties, except insofar as expressly indicated on the Site.
  • license, sell, rent, lease, transfer, relinquish, distribute, present, disclose or in any other way exploit the Services for commercial purposes, nor in any other way make them available to third parties, except for themselves or the Members.
  • attempt to obtain or help third parties to obtain access to the Services and/or to the Documentation in any other way than that set out in these General Terms and Conditions.
  • use the Services for processing that has not been authorised by the Service Provider.

These General Terms and Conditions contain no transfer to the Client of the rights to the Solution and/or Services, irrespective of the reason for this.
Any trade mark belonging to the Service Provider (including but not restricted to JOIN2SHIP® and DDS LOGISTICS® which have been registered as trade marks), incorporated, entered or affixed to the Site may not be modified, removed or stamped by the Client.

The Service Provider remains the owner of any methods, tools and know-how they contribute or devise along with the Services, irrespective of the Client’s contribution to their design and provision (the ‘know-how ’ including both the Service Provider’s commercial information and the technical information relating to the Solution developed by them, including any functionalities and algorithms that characterise it).

7.2 Conditions of Use of the Services

The Client is hereby informed that the Service Provider pools services between their clients, particularly with a view to optimising prices and technical and scalability features of such Services. Consequently, in using the Services the Client may come to adapt the working methods of their Members and/or require specific needs which may be incompatible with the Services. Consequently, Client may have to adapt their needs and administration rules to the Services functionalities.
The Client is responsible for any activities, tasks and provision not specifically assigned to the Service Provider.
The Client is required to undertake all necessary actions to meet these objectives.

7.3 Hosting

The Services and Data are hosted by the Host within the territory of the European Union.
The Service-Provider shall ensure:

  • the access of the Client and their Members to the Services and Data,
  • the backing-up of the Data and their recovery by the Host in the event of an incident.

7.4 Support

7.4.1 Scope of Support

When subscribing to the Premium and Enterprise Subscriptions, it is possible to benefit from the Services of:

  • Support (i.e. Support through a contact form on the Site, or Support by email for the Enterprise Subscription), in both cases to log assistance requests in the event of Malfunctions (‘Support’);
  • patches provision.

The Service Provider offers Members Support during Business Hours excluding in the case of a force majeure event as defined herein.
It is the Client’s responsibility to offer their Members first-line support.
Support involves offering responses to the Malfunctions encountered when using the Services within the scope of the Premium and Enterprise Subscriptions.
Any Support request made by the Client following to the Subscription chosen, and according the aforementioned procedure, is logged and gives rise to a new ticket which is sent to the Member and states: the time the Malfunction was entered, the call-back time, the request description and the solution proposed by the Service Provider. The incident log is tracked and closed following the Client’s approval.
If the information provided by the Client does not allow the Service Provider to fully diagnose the Malfunction, the Service Provider shall contact the Client to obtain the information required to properly diagnose the Malfunction. Moreover, the Client shall carry out all of the operations requested by the Service Provider to better identify the cause of this Malfunction and give the Service Provider all of the access to any data, systems or information they may require.
If, in the course of carrying out the diagnostic operations, the Service Provider determines that the Malfunction is not attributable to the Services, they shall notify the Client and invoice them the time spent on the diagnosis. It shall then be up to the Client to quickly do what is needed to correct the Malfunction or arrange for it to be corrected by a third party and to inform the Service Provider of its resolution.
The Service Provider may under no circumstances be held liable for errors, Data corruption or defects caused by improper use of the Services, by an incomplete Malfunction report, by malicious activity or poor understanding on the part of the Client. In the case of such incidents, the Service Provider shall take all reasonable action to help the Client to resolve them, at the Client’s cost.

7.4.2 Technical limitations of Support

Support services do not include any intervention by the Service Provider resulting from:

  • a use of the Services that is not consistent with the Documentation and these General Terms and Conditions, or irregular use, irrespective of the reason (negligence, operating errors, accidents etc.),
  • Malfunctions related to the Client’s networks,
  • Malfunctions related to the Client’s Data,
  • a problem of compatibility with the Client’s hardware and/or software that was not supplied by the Service Provider or a failure on the part of the Client,
  • the failure of one of the components of the Client’s environment (operating system, other software or software packages, network systems etc.),
  • in general terms, the failure by the Client to meet their obligations under the Contract.

Consequently, any travel (travel time and costs) for the purposes of resolving an issue that is attributable to the Client shall be invoiced at the rate on the day of the service after the Client has been issued with a quote.

Under no circumstances can Support make up for a lack of training of Members in using the Services by the Client.

7.5 Updates

The Service Provider shall decide unilaterally on the need to update Services, at the intervals they deem necessary to meet their contractual obligations towards all of their clients.

7.6 Quality of Services

The Service Provider is not able to guarantee the availability of Services performed remotely via the internet and the Client acknowledges this. The Client is hereby informed of the technical risks inherent to the internet and the resulting disruptions to access. Consequently, the Service Provider shall not be held liable for any downtime or slowing down of the Services.

The Service Provider shall do their utmost to ensure the availability of Services but shall not be held liable for any lack of availability in the following cases:

  • where reduced availability is fully or partially attributable to the Client and/or any operator not signatory to this Contract,
  • of Service maintenance and updates performed by the Service Provider, having given the Client reasonable notice,
  • of any maintenance performed by the Host which is required in order for the operating platform to run properly.

In any event, the Service Provider may not be held liable for any impact of this downtime on the Client’s activities.

8. DATA

8.1 Content and exploitation of Data

The Client alone is responsible for the quality, lawfulness and propriety of Data entered by their Members and other content that their Members share for the purposes of using the Services. Moreover, the Client hereby certify that they are the owners of any intellectual property rights enabling them to use such Data and content.
Similarly, the Client alone is responsible for the activities, tasks and supplies not specifically assigned to the Service Provider with the latter acting on the instructions of the Client for the supply of the Services. The Client alone remains responsible for the entry, use, allocation and supply of Data by the Members for the purposes of processing by the Services. The Client ensures and checks that the Data are full, exact and accurate, that they meet legal, regulatory and contractual requirements and that they are not corrupted.
Consequently, the Service Provider may not be liable for any damage attributable to the supply of Data or their non-compliance and the Client hereby indemnifies the Service Provider against any claims by third parties who may have suffered damages attributable to the breach of these provisions.
The Client remains the sole owner of the Members’ Data and the Client’s Information shared via the Services.
Operational data are shared with Clients affected by them. Consequently, such Operational data shall remain online, on the Site, even after the removal of the JOIN2SHIP Account of one of the affected Clients and/or of the profile of one of the affected Members, irrespective of the reason, as long as such Operational data is current for the other affected Clients.
It is up to the Client to perform regular, ongoing verification of the processing of their Data and, in any event, at least once a week.
Should the Client observe that the Results are inaccurate, they must send the Service Provider a complaint so that, after the correction, the processing affected by the Malfunction may be repeated for the previous week, depending on the Subscription.
Any operations required by the Client to modify the Results of previous processing, in the event that they are not inaccurate, are payable by the Client, in addition to their Subscription.

8.2 Personal Data

8.2.1 Client Processing

The Data shared directly by the Members for the purposes of registration and using the Services may contain personal data.
In this case, the Service Provider processes such Data on behalf of the Client, for the supply of the Services covered by these General Terms and Conditions. In this respect, the Client acts as a ‘data controller’ and the Service Provider as a ‘processor’ in accordance with the Client’s instructions and:

  • the Client acknowledges and agrees that personal data may be transferred or stored in a European Union Member state other than that where the Service Provider and/or Members are located, for the purposes of providing the Services covered by these General Terms and Conditions;
  • the Client offers the Service Provider a guarantee that they have met all of their obligations under current laws and/or regulations on personal data protection, in their capacity as data controller, and must in particular ensure that the data subjects have been notified of the use of their personal data,
  • processing and the aforementioned transfer and that they have agreed to it, as required by current laws and regulations on personal data protection; in this respect, the Client indemnifies the Service Provider against any third party claims, complaints or demands from natural persons whose personal data is reproduced or hosted through the Services,
  • through the life of the Contract and beyond, the Service Provider undertakes not to exploit for their own use, nor sell nor lease to any third parties, the personal data collected or to which they may have had access through the performance of the Contract, except for the cases stipulated under Section 8.4,
  • each party to the Contract shall take the appropriate technical and organisational measures to safeguard the confidentiality and integrity of the personal data collected and to combat the unauthorised or unlawful processing of personal data or their loss, destruction or accidental damage to them.
  • the Service Provider undertakes not to retain personal data collected in this manner beyond the retention period stipulated by the Client in view of the purpose for which they were collected and, in any event, not to retain them after the end of the Contract or the closure of the Account or of a Member profile, except for those contained within current Operational data at the time of such an end and/or closure which may be retained by the Service Provider for one (1) year after the end of the Contract and/or the closure of the Account or of the Member profile.
8.2.2 Service Provider Processing

In the course of their operations, the Service Provider may come to collect and process the Client’s personal data (mainly contact details and related information) for administrative and commercial purposes. Such information is referred to below as the ‘Client’s contact information’. The Service-Provider undertakes to observe all current data protection laws and/or regulations. In particular, the Service Provider undertakes to (i) enable the Client to access, amend, correct or erase the Client’s contact information where necessary; (ii) adopt any reasonable technical and organisational measures so as to safeguard the confidentiality and integrity of the Client’s contact information and to prevent any unauthorised disclosure, access or use; and (iii) not to transfer the Client’s contact information to a third party without the express prior consent of the individual to whom such Client’s contact information refers.

8.2.3 Cookies

When consulting and using JOIN2SHIP, Members’ browsing information is liable to be stored in ‘cookie’ files installed on their devices depending on the options chosen for these cookies, which can be changed at any time. These cookies are installed with a view to continuously improving the Services offered. Thus, their uses include gathering statistics and traffic, enabling Members to access the Client JOIN2SHIP Account directly with their user name and password and to customise the Site layout based on the Members’ display preferences for the device. For more information on the use of cookies, click on the table ‘Privacy Policy’.

8.2.4 Data security – Back-ups

The Service Provider shall retain and back up the Data entered using the Services until the end of the Contract. In the event of loss or accidental destruction, the Service Provider shall do their utmost to recover the data destroyed using the most recent back-ups as of the date of the incident.

8.3.5 Statistical data

The Service Provider shall be entitled to create generic statistical data using the Client’s anonymised Operational data. These anonymised statistical data shall remain the Service Provider’s property.

9. ADDITIONAL SERVICES

In addition to the Services, other services may be recommended by the Service Provider or requested by the Client to meet their specific needs, particularly services during the preparatory phase (start-up fee, configuration etc.), consultancy and interface development services. These additional services shall be invoiced separately based on specific quotes. These additional services shall be governed by these General Terms and Conditions.

10. CLIENT COLLABORATION

In order to allow the provision of Services, the Client undertakes in particular to:

  • refer to the Documentation prior to any support request;
  • provide the Service Provider with any necessary information requested by the Service Provider in order to understand and resolve the Malfunctions encountered;
  • facilitate access by the Service Provider’s staff to any of their installations if necessary and to ensure that the Service Provider’s staff can access the premises freely as well as to indicate an appropriate contact.
  • install and administer any hardware and software not supplied by the Service Provider, as well as the networks required for the use of the use of Services.

11. PRICING TERMS

11.1 Subscriptions

Certain Services are currently available free of charge. Consequently, the Service Provider does not invoice for their use. The Service Provider reserves the right to invoice the Client for some or all of the free Services should he subsequently decide to charge for them, on the proviso that the Client is given reasonable notice and that the Client continues to use the functionality of the Services in question.
Certain Services are invoiced on the basis of several types of Subscriptions which are in principle calculated on the basis of the number of orders placed, under the conditions set out in the Pricing terms.
The automatic renewal of a Subscription may be cancelled at any time. In this case, the Subscription shall continue to run until the end of the billing cycle before the termination takes effect.
The prices of the Subscription chosen by the Client are set out in the Pricing terms.
The Client may pay the invoice amounts by payment card or PayPal and, in the case of the Enterprise Subscription, by bank transfer.

11.2 Taxes

All of the prices listed in the Pricing terms are in Euros and exclusive of any VAT or other taxes which are invoiced in addition according to the current rate on the invoice date. The exchange rate risk and any difference in taxes remain payable by the Client who accepts liability for these.

11.3 Invoicing and payment terms

Any invoice issued by the Service Provider shall be uploaded to the Client’s JOIN2SHIP Account.
Any Additional services provided by the Service Provider in addition to the Services shall be quoted and invoiced separately.
The Client acknowledges that the payment of the Service Provider’s invoices represents a substantive obligation. Thus the Client undertakes to pay their Subscription in full upon receiving the invoice on their JOIN2SHIP Account or by any other deadline agreed in the Pricing terms. Should the Client dispute an invoice or part of an invoice they must (i) notify the Service Provider within ten (10) days of receiving the invoice on their JOIN2SHIP Account and (ii) pay the invoice. In the absence of notification in this time, the invoice may no longer be disputed and no action may be taken against the Service Provider.
In the event of non-payment of the outstanding amounts payable on the invoice date, a penalty shall be automatically applied without the need for a reminder, from the due date, at a rate of three times the official interest rate on that date. Payment is deemed to have been made when the Service Provider collects all sums owed by the Client.
In the event of that the credit available under their Subscription has been spent, no additional credit has been purchased or the Subscription has not been renewed, the Client shall have access only to the free part of the Site and shall continue to have access to the Operational data affecting them that has already been entered subject to the terms of the article Removal of the JOIN2SHIP Account’.

11.5 Pricing changes

The Client may, at any time, change the prices invoiced for the use of the Services, it being understood that, for the Services invoiced as part of a Subscription, the change shall only take effect at the end of the current Subscription billing cycle. The Service Provider shall notify the Client of any change in pricing by email far enough in advance so as to enable the Client to cancel their Subscription prior to the change taking effect.

11.6 Additional pricing

The pricing terms applicable in the event that the Client exceeds their Subscription are set out in the Pricing terms.

12. SERVICE PROVIDER’S INTELLECTUAL PROPERTY RIGHTS

The Service Provider and their affiliated companies shall retain all of the rights to and interests in the Content, Services, Support, any documents or information shared in providing the Services as well as the methods, tools and know-how contributed or designed by them for the purposes of the Services, irrespective of the Client’s contribution to their design and provision, as well as all intellectual property rights and all related property rights.
The Solution and any third-party software supplied with the Solution are protected by the applicable laws governing copyright, trade secrets, industrial property and any other laws governing intellectual property.

13. CONTENT SHARED BY THE MEMBERS IN THE JOIN2SHIP COMMUNITY

13.1 Content shared by the Client and Members in the JOIN2SHIP Community

The Services may reveal content posted online in the JOIN2SHIP Community directly by the Members. This content, for which the Member grants a licence to reproduce and share on the Site for the term of the Contract, worldwide, is the sole responsibility of the person sharing it. Consequently, they are responsible for their own content and required to provide the Service Provider with a guarantee that they have all the necessary rights and authorisations to use this content for the purposes of the Services. The Service Provider accepts no liability in relation to the measures taken by the Client or any of their Members relating to their content posted in the JOIN2SHIP Community, particularly sharing with the JOIN2SHIP Community. The posted content requires the prior authorisation or its owner or legal authorisation.

13.2 Checking of the content shared by the Members in the JOIN2SHIP Community

You acknowledge that, under their legal obligations, the Service Provider is the host of content shared in the JOIN2SHIP Community and may come to check certain content posted online through the Services in order to determine the legality or any breach of these General Terms and Conditions, such as in cases where illegal content is reported (by clicking on Report abuse). The Service Provider may also change the content, make it inaccessible or refuse to display it should they deem such content to be in violation of the law on these General Terms and Conditions. However, the Service Provider is not required to monitor or check the content submitted by the Members.

14 UNSUBSCRIBING REQUESTS

14.1

The Client may remove their account from the Site and Services at any time by clicking on Remove the JOIN2SHIP Account on the pages of the relating JOIN2SHIP Account. The JOIN2SHIP Account, Member data and Client Information shall then be removed immediately. However, Operational data that are relevant to the Client (but not exclusively so) shall remain online for a one (1) year period following the date on which the Client removes their account (including any personal data of their Members that may appear in such Operational data) if they remain active for other Clients. Indeed, the Operational data, such as for example appointments, may involve several JOIN2SHIP Clients and it is important that all the Clients in question have access to them for as long as such Operational data remain active.

14.2

Members may remove their accounts from the Site and Services at any time by clicking on Remove the JOIN2SHIP Account on the pages of the relating JOIN2SHIP Account. The profile is then removed immediately resulting in the removal of the Member’s profile and Member Data. However, certain personal data enabling the Member to be identified may remain online after their profile has been removed if such data is included in the Client’s Operational data provided for as long as the latter, such as appointments, remain active for the Client and for a maximum of one (1) year from the date on which the Member’s profile is removed.

15. REMOVAL OF THE JOIN2SHIP ACCOUNT

The Service Provider reserves the right to remove the JOIN2SHIP Account of a Client without notice and with immediate effect in the following cases:

  • the JOIN2SHIP Account remains inactive continuously for a full year;
  • it is impossible to check the information supplied by the Client;
  • inaccurate information is supplied;
  • fraudulent registration by a non-business internet-user;
  • infringement of the Service Provider’s intellectual property rights.

With the removal of the Account, irrespective of the reason:

  • authorisation to use the Site and Services granted under these General Terms and Conditions immediately ceases and the Client undertakes to stop using and to prevent their Members from using the Site, Services and Documentation,
  • any outstanding fees and prices invoiced to the Client shall become immediately due and payable,
  • Operational data shared by several JOINSHIP Clients shall remain visible only by other Clients affected by such data as long as they remain active,
  • the Service Provider undertakes not to retain the Member Data and Client information in their possession under the terms and conditions above under the Section ‘Personal data’.

The removal of the Account for any reason shall not result in the refund of any sums collected by the Service Provider.

16.LIABILITY

16.1 Damages

The Service Provider and Client shall each take appropriate action to minimise any damages suffered by themselves, by a third party or the other party, as a result of, or in connection with the Services.

16.2 Liability

The Service Provider discharges their contractual obligations with all of the care possible in accordance with industry standards.
The Service Provider is bound by a ‘best efforts’ commitment and shall not be held liable for any delay in providing the aforementioned services. Moreover, the Service Provider may not be held liable in the event of an ill-considered application or in the event that the user advice supplied for a support case or the advice from the Service Provider are not followed.
The Service Provider, Client, affiliate companies or licensees shall not be held liable for (i) any indirect, incidental or consequential damages arising from or related to this Contract, the Solution or Services (including, in particular, any loss of earnings, downtime of the IT infrastructure, any damage or loss of Data used, opportunity cost, loss of profits, operating loss, commercial damage or damage to brand image) nor (ii) direct damages for an amount that may not be in excess of the amount of the Subscription paid by the Client in the twelve (12) months having preceded the damages.
The Client acknowledges that they alone may anticipate and quantify the damage liable to be suffered by them in the event of a difficulty arising under this Contract and that the terms and conditions (particularly Pricing Terms) of this Contract have been set in light of the restrictions on and exemptions from liability on the part of the Service Provider, as set out under this article.
In general terms, unless the Client invokes the Service Provider’s contractual liability within one (1) year of the damage being suffered, the Client shall be deemed to have waived their right to claim any contractual breach and any action against the Service Provider shall be permanently prohibited.
These stipulations remain applicable in the event that the Contract is terminated even in the case of a court-ordered termination or annulment.

17. INSURANCE

Each Party hereby declares that, on Contract signature date, they have taken out a civil and professional liability insurance policy with a company known to be solvent for any damages that may arise through the provision of this Contract. Each Party shall pay premiums for the duration of the Contract.

18. NON-DISCLOSURE

Under these General Terms and Conditions the ‘Confidential Information’ refers to all of the private or confidential information disclosed by the issuer (the ‘Issuer’) to the recipient (the ‘Receiver’) including (i) any information of a financial nature, or relating to clients, employees, products or services and particularly software code, graphics, techniques, specifications, development and marketing plans, strategies and forecasts belonging to the Issuer; (ii) for the Service Provider, of any Solution, any third party software supplied with the Services, Services provided under the Contract and any documents or information shared during the provision of Services and any additional services, techniques, methods, tools and know-how belonging to the Service Provider or other processes and/or technologies implemented for the purposes of providing the Services and Additional Services; (iv) for the Client, information (including Data) to be shared with the Service Provider or information of which the latter may become aware as a result of the Services supplied to the Client; and (iv) the terms of this Contract, including in particular the information on the pricing of Services.
However, the following is not considered to be Confidential Information: parts of the aforementioned information which was in the public domain at the time it was disclosed or entered the public domain without infringement of these provisions or which the Receiver can prove was in their possession prior to the effective date of this undertaking, or which were disclosed by the Issuer with the prior agreement of the other Party, or which were shared with the Issuer or their staff by third parties without any infringement of a duty of non-disclosure towards the other Party.
The terms of this duty are valid for the term of the Contract and five (5) years thereafter.
All documents shared by the Service Provider under this contract shall remain their exclusive property and shall be returned on request.

19. REFERENCE

Unless expressly requested by the Client, the Service Provider is authorised by them to use and reproduce their company name, brand(s) and logs in their commercial documents on a medium of their choice, as well as on the Site and on their website https://www.ddslogistics.com, to cite the Client among their trade references as a user of JOIN2SHIP.

20. GENERAL INFORMATION

20.1 Waiver

The failure by either party to this contract to invoke the application (or breach by the other party) of any of the obligations under the Contract shall not be interpreted by a future waiver of the obligation in question.

20.2 Rules of interpretation

The article and paragraph headers within this contract are intended solely for the purpose of structuring the text of the aforementioned articles and paragraphs and no interpretation shall be inferred from them.
If one of the Contract clauses is held to be invalid or declared as such in application of a law or regulation or following a final ruling of a relevant court, the other provisions shall retain their force and scope. The invalidity of a clause not render the Contract invalid in its entirety. The parties to this Contract shall come together to replace this clause with a new clause in the spirit of the Contract.

20.3 Independence of parties

The Contract may under no circumstances be interpreted as establishing a company between the parties nor a business leasing contract or even an outsourcing agreement on the part of the Client. It excludes any concept of the loan of staff under legislation on temporary work.

20.4 Assignation or Transfer of the Contract

The Client is not permitted to transfer the Contract, or any of the rights, benefits or obligations herein, whether by operation of law or by any other means, without the express written permission of the Service Provider, although the Client may transfer the Contract as part of a merger or sale of the totality or near totality of their shares to a third party.
The Service Provider may transfer the Contract, in part or in full, to any third party, at their discretion.

21. DISPUTES

21.1 Out of court procedure

In the event of difficulties arising from the performance or interpretation of the Contract, the parties to this Contract decide to submit to a conciliation procedure prior to any court proceedings, even in the event of an emergency. The first party to act shall notify the other party by recorded delivery, signed-for letter of their intention to implement the aforementioned procedure, specifying any difficulties encountered.

21.2 Choice of law and Jurisdiction

This Agreement is subject to French law. If, within 30 days of the notification referred to under the sub-section ‘Out of court procedure’), the parties to this Contract have not reached an amicable agreement, they agree, where applicable, to refer any dispute of any kind, relating to the validity, interpretation or performance of the Contract, to the jurisdiction of the competent Court of Nanterre only, notwithstanding multiple respondents, third party claims, emergency or interim proceedings, whether summary or ex parte proceedings.

PRIVACY POLICY

1. Personal data collection and purposes of processing by DDS LOGISTICS

In accordance with current laws and/or regulations on the protection of personal data, DDS Logistics hereby notify users of the site www.join2ship.com (the “Site”) that, in supplying the services offered via the Site, it shall process their personal data in its capacity of ‘processor’ of its client subscribers, the ‘controllers’ of such processing.
Moreover, DDS Logistics may come to process information submitted by users at the stage of the subscription forms supplied on the Site, for its own purposes and in its capacity of ‘data controller’. Such processing is to be carried out by authorised personnel of DDS Logistics for administrative and commercial management purposes only.

2. Right of the Site’s users in relation to the processing of their personal data

In accordance with current data protection laws and/or regulations, users are entitled to access and alter their personal data. They also are entitled to contest the processing of their personal data on legitimate grounds, as well as to contest the use of such data for marketing purposes.
In order to exercise these rights, users must write to the following postal address: DATA DYNAMIC SYSTEMS, 150, rue Gallieni – 92100 Boulogne-Billancourt.
DDS LOGISTICS takes all necessary and reasonable precautions to protect users’ personal data and in particular guarantees that devices storing any personal data have all the necessary security safeguards to prevent any unauthorised access.

3. Duration of data storage

Personal data collected shall be retained for the time strictly necessary for the abovementioned purposes of processing. Beyond this period, they will be kept for exclusively statistical and anonymised purposes under the conditions stipulated in Article 8.4 of the General Terms and Conditions of Services and Use of the Join2Ship Site accessible online on the Site.

4. Use of cookies

Users of the site www.join2ship.com are notified that, when they visit the site, a cookie may become automatically installed on their browser, depending on the cookie options chosen. These options may be changed at any time.
These cookies are installed with a view to continuously improving the services offered by the Site www.join2ship.com. Thus, their uses include gathering statistics and traffic, enabling subscribers to access their account directly with their user name and password and to customise the Site layout based on the user’s display preferences for the device.

Any copy, even partially, and all transfer to a party in any form is strictly
forbidden without a written authorization from DDS LOGISTICS®