Preamble

EVY distributes an affinity insurance solution, allowing users (the "Users") to insure certain product(s) purchased from sellers (the "Sellers").

For the User, the EVY system includes one or more affinity insurance products, an after-sales service, as well as a dedicated interface (the "User Dashboard") accessible from the EVY Site thanks to an identifier chosen at the time of subscription to the insurance product, during a purchase from a Seller.

The User Dashboard allows, in particular, to follow the transactions made with the Seller and EVY, to manage them, to export the accounting data, to declare claims, to follow the management of claims or the repair, replacement or reimbursement of the products concerned, if necessary.

Article 1 - Purpose

The present document constitutes the general conditions of use (hereinafter referred to as the "Terms & Conditions") of the EVY Site which allows, in particular, to declare claims and to follow the management of claims after prior subscription to the affinity insurance solution (hereinafter referred to as the " Service (s) ") proposed by the company EVY, SAS with a capital of 1.955.08, registered in the Paris Trade and Companies Register under the number SIREN 902 019 819 and whose registered office is located at 38 rue des Mathurins 75008 Paris, operating the Internet site www.evy.eu (hereinafter the "Site") and whose business is the distribution of insurance products.

The present document specifies the GTC of the Services proposed by EVY to the Users. All Users are requested to read carefully the present General Conditions before subscribing to EVY Services.

Article 2 - Definitions

"Terms and conditions" or " T&Cs " refers to the general conditions of use of the Site as well as the general conditions of use which govern all contractual relations between EVY and the User within the framework of the Service;

"User Dashboard" refers to the page to which the User has access after having subscribed to the Service;

"Identifiers" refers to an email address enabling the User to access the Service;

"Internet" refers to the set of interconnected computer and telecommunications networks, worldwide in scope, communicating via servers using specific protocols, to any terminal equipment, present or future, connected directly or indirectly to a termination point of the aforementioned networks, with a view to the transmission, processing or reception of information;

"User" or "End User" refers to any user who has subscribed to the EVY Service directly or indirectly, via the purchase of a product from an EVY partner, whether on the Internet or in a physical shop;

"Parties" refers to both EVY and the User;

"Service(s)" refers to all the services offered by EVY, in particular affinity insurance of products, back-office management and claims management;

"Website " refers to the Internet site created, developed and operated by EVY and accessible to the User;

The terms defined shall have the same meaning whether they are used in the singular or in the plural, in the feminine or in the masculine.

Article 3 - Duration

Entry into force

The present T&Cs shall enter into force as from 9 May 2022 and shall be applicable to the User on the date of their acceptance, i.e. at the time of his subscription to EVY Services on the Internet site of a partner Seller.

Duration

The present T&Cs are concluded for the duration of the Service(s) subscribed to with EVY by the User.

Modifications

EVY reserves the right to modify the terms, conditions and mentions of the present T&Cs at any time, in particular in case of technical, legal or jurisprudential evolutions or at the time of the implementation of new services. In case of modification, the new T&Cs shall be transmitted by e-mail to the User at the e-mail address communicated by the latter to EVY at the time of subscription to the Service(s). The User shall be deemed to have accepted the modified T&Cs.

Suspension

EVY may, with one week's notice, suspend the User's access to the Services if it considers that his or her use of the Services presents any risk or in particular for any of the following reasons

- person or entity whose assets are frozen,

- fraudulent or improper use of the Services by the User,

- high suspicion of non-delivery of a product paid for and charged to an EVY Service,

- multiple complaints received by our support,

- suspicion of computer operations aimed at facilitating the distribution of viruses, malware, of any kind, including facilitating the copying of our sites and infrastructures,

- failure to comply with all or part of the T&Cs.

Termination will result in the closure of the User Dashboard and the removal of access to the Service. All sums due to the User on the date of closure will then be transferred to his bank account. EVY is authorised to archive all the elements that motivated such a decision, in order, in particular, to produce them in the competent courts.

The User remains responsible, including financially, for all his payments, including when access to his User Space or the Services is suspended.

In case of suspension of the Services due to suspicion of non-consensual use by the User, EVY is likely to contact the User in order to give him/her access to his/her Services or accounts, in a secure manner.

The User is invited to contact our support in case of suspicion of fraudulent subscription to the Services or fraudulent connection by a third party on his Services or accounts.

Article 4 - Use of the Service

4.1 - Conditions of access to the Service

To use the site and access the content, you must:

- be at least 18 years old or able to contract,

- have the capacity to enter into a binding contract and not be prohibited from doing so under any applicable law,

- be a resident of a country where the Service is available,

- not be a person or entity designated by European asset freezing measures

Finally, all registration information must be accurate, true and complete, and this must be the case at all times.

4.2 - Registration process

To access the EVY User Dashboard Services and benefit from the features and advantages of the User Dashboard, you must have subscribed to an EVY insurance product when purchasing equipment from a Seller.

The provision of certain information (including your email address) when purchasing from a Vendor will automatically create an EVY account, which you will be able to finalise online to access your User Space.

To access the online Services, you are asked to expressly validate your acceptance of the present T&Cs. You hereby confirm that you have read and accepted the present T&Cs which establishes a contractual relationship between you and EVY.

In order to create your Account and benefit fully from the Services, certain personal data are necessary, such as your login details, your first and last name, your e-mail address, your postal address and your telephone number.

4.3 - Description of the Service

As described in the preamble to these Terms and Conditions, for the User, the EVY system includes one or more affinity insurance products, an after-sales service, as well as a User Dashboard accessible from the EVY website.

The User Dashboard allows, in particular, to follow the transactions made with the Seller and EVY, to manage them, to export the accounting data, to declare claims, to follow the management of claims or the repair, replacement or reimbursement of the products concerned, if necessary.

Article 5 - Personal Data and Cookies

5.1 - Personal data

The personal data collected from Users is processed by EVY for the following purposes: management of the Service, management of registrations and creation of accounts, provision of the Service, management of the contractual relationship.

The information that must be provided is identified as such on the registration form. If the user fails to provide this information, he/she will not be able to access his/her User Space.

The personal data processed may be communicated to EVY's subcontractors, to financial organisations, to any company linked to EVY within the framework of the publishing and administration of the EVY website, to administrative and judicial authorities, to EVY's lawyers and advisers and to any person intervening within the framework of an audit, if necessary.

The User benefits at any time from a right of access, a right to data portability, a right of rectification, a right to request the deletion of data, a right of limitation and a right of opposition to information concerning him/her, which he/she may exercise by sending an e-mail to EVY at the following address: dpo@evy.eu.

In any case, for any further information on the collection and use of personal data, the User is invited to consult EVY's Privacy Policy, which can be accessed by clicking on the following link https://www.evy.eu/privacy-policy

Article 6 - Responsibility of EVY

6.1 - General

EVY undertakes to carry out the obligations incumbent upon it with all the care customary in its profession and to comply with the rules of the trade. EVY may have recourse to subcontractors of its choice for the realisation of the Service and shall remain solely responsible to the User for the execution of its obligations. EVY shall in any case be bound by an obligation of means and not of result.

6.2 - Limitation of liability

The User Dashboard and the Services it contains are subject to an obligation of means. Some of these Services may change or be removed. EVY cannot guarantee the availability of these Services nor their perfect adequacy to your needs.

EVY cannot be held responsible for errors made by the User in the indication of his information when subscribing to the Services.

6.3 - Maintenance and development of the Service

EVY cannot guarantee continuous and secure access to the Service, as its proper functioning may be affected by numerous factors beyond EVY's control. Consequently, EVY cannot be held responsible for any delay or disturbance that may affect the Service, for any virus or malicious software, malfunction, bug, error or inaccuracy of any kind present on the Site.

EVY reserves the right to temporarily suspend access to the Service, without indemnity or prior notice, in order to carry out maintenance operations linked to technological developments or necessary for the continuity of the Service.

EVY reserves the right to modify or update its hardware, its operating system and, in general, all or part of the Service, taking into account the evolution of the technology. EVY reserves the right to terminate the Service permanently, without compensation to the User.

Article 7 - Responsibility of the User

The User undertakes to collaborate in good faith with EVY and to provide it without delay with all relevant information in order to deliver the most efficient Service possible. In particular, he/she must have a valid e-mail address and ensure that his/her e-mails are received correctly.

Furthermore, the User undertakes to update the information provided as soon as possible and will be solely responsible for the possible consequences of not updating this information.

The User undertakes not to offer any other person access to the Service under his identity or pseudonym and will bear the consequences of the use of his account, even without his knowledge, by a person using his login and password.

Article 8 - General provisions

8.1 - Autonomy of provisions

If any of the provisions of the T&Cs should be declared null and void or inapplicable, in view of a rule of law in force or a judicial decision that has become final, it will be modified in order to obtain its validity or will be deemed unwritten, without however leading to the nullity of the T&Cs, nor altering the validity of their other provisions.

8.2 - Non-waiver

The fact that one or other of the parties does not claim the application of any of the provisions of the General Conditions or accepts its non-performance, whether permanently or temporarily, cannot be construed and shall not constitute a waiver by such party of its right to subsequently enforce this provision or any other provision of the T&Cs.

Article 9 - Complaint

For any difficulty or complaint, the User is invited to contact EVY's Customer Service so that the Parties can try to find an amicable solution to the existing dispute by e-mail at the following address: support@evy.eu

The User must communicate to the Customer Service the elements justifying his identity and the reasons for the difficulties encountered.

Article 10 - Applicable law and jurisdiction

After prior written request by the Users to EVY within a reasonable period of time, any disputes which may arise in relation to these T&Cs and in particular its validity, interpretation or qualification, its execution or non-execution, its interruption or termination, may be brought before the competent court.

The present T&Cs are subject to French law. The language of the T&Cs is French.

Purchase terms and conditions

Principle

The supplier hereby acknowledges and accepts that the purchaser (EVY and any of its affiliates) may be required by law or contract to ensure that the products it sells or the services it provides comply with a number of essential standards, and the supplier shall make its best efforts to cooperate with the purchaser in any steps concerning its products that may be reasonably requested for this purpose.

Human and Trade Union Rights

The supplier undertakes to comply with the human and trade union rights established for employees by its national laws and by any international conventions applicable to it (including the two International Labour Organization Conventions on Child Labour), and to guarantee decent working conditions for its employees.

Environment

The supplier undertakes to comply with all environmental laws and regulations applicable in its jurisdiction. It confirms that it has established procedures within its organization to verify this compliance and to remedy any difficulties that may arise.

Transparency

Where the purchaser is required to provide its co-contractors with proof of compliance by its own suppliers and subcontractors with certain social or environmental mandatory rules, the supplier shall, upon request and without delay, provide the purchaser with any information or reports reasonably requested for this purpose. The supplier hereby authorizes the purchaser, if and when necessary, to carry out or arrange for site visits (at purchaser’s costs) to ensure compliance with the said rules.

Indemnification

The supplier agrees to fully indemnify, defend, and hold harmless the purchaser, its affiliates, directors, officers, employees, agents, and customers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising from or related to any allegation or claim that the products have been manufactured in violation of any rules applicable in the supplier’s jurisdiction on human rights, trade union rights or environmental protection.

Intellectual Property Rights

The supplier warrants that the products supplied do not infringe any patent, trademark, trade name, copyright, or other intellectual property right of any third party. The supplier shall ensure that it has obtained all necessary rights, licenses, and authorizations to supply the products and that their use, importation, and resale do not violate any third-party rights.

Indemnification for Infringement

The supplier agrees to fully indemnify, defend, and hold harmless the purchaser, its affiliates, directors, officers, employees, agents, and customers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising from or related to any allegation or claim that the products infringe any intellectual property right of a third party.

In the event of any such claim or legal action, the supplier shall, at its own expense, assume the defense of such claim using counsel reasonably acceptable to the purchaser. The purchaser shall promptly notify the supplier in writing of any such claim and shall provide reasonable cooperation, at the supplier’s expense, in the defense of the same.

Remedies in case of Infringement

If any product is found or believed to infringe any third-party intellectual property right, the supplier shall, at its own expense and at the purchaser’s option:

• procure for the purchaser the right to continue using the product;
• replace or modify the product to make it non-infringing, provided that the replacement or modification does not degrade the functionality or performance of the product; or
• refund the purchase price of the infringing product(s) and reimburse any related costs incurred by the purchaser.