Terms of use

1. Identification

The company Bigblue (hereinafter "Bigblue"), a French simplified joint stock company with a capital of 39,134.30 euros, whose registered office is 2 rue d'Austerlitz 31000 Toulouse, registered under the number 824 041 461 at the RCS of TOULOUSE, is the owner of the Bigblue applications and sites available from the URLs https://bigblue.co and all its subdomains, including the following subdomains:

• https://www.bigblue.co/
• https://app.bigblue.co/
• https://returns.bigblue.co/
• https://prod-buyer-sat.web.app/

The Site is hosted by Amazon. It can be accessed from the www.bigblue.co or https://bigblue.co URL. The app is hosted at Google Cloud Platform and is available at https://app.bigblue.co.

2. Definitions

Herein, the terms below have the meanings given to them herein:

Buyer: refers to the Merchant's customer.

Application: means the application intended for Merchants. Bigblue is the owner of the Application.

Customer or Merchant: refers to any professional subscribing to the Logistics Service offered by Bigblue.

ToU: refers to these general conditions of use of the Site and services.

Modules: refers to the software parts of the Bigblue Service outside the Site and the Application allowing the realization of the Service (including in a non-exhaustive way the integrations, the interfaces of tracking the package and return to the Buyers ...).

Service: refers to the logistics optimization solution provided by Bigblue, via the Application, as well as all the activities managed by Bigblue on behalf of the Merchant via the other applications operated by Bigblue, including the Site.

Site: refers to the website operated by Bigblue that allows the connection between Prospects, Merchants and Bigblue, as well as the presentation of Bigblue Services. Bigblue is the owner of the Site.

User: refers to any person who uses the Site or any application operated by Bigblue. This term includes both Merchants and Buyers or visitors to the website.

3. Purpose

The Service allows the management, monitoring and optimization of the delivery of the Customer's Products. Customers can track and manage their deliveries directly on the Application. The Service also makes it possible to directly manage the returns and satisfaction of Buyers.

The purpose of these ToU is to define the conditions of registration and use of the Service for Customers as well as the conditions under which Bigblue manages the Service.

As such, Bigblue insists on the fact that the use of the Services, including the Site and the Application, does not imply any transfer, for a fee or free of charge, of the Users' personal data. For more information on the management of Users' personal data, please refer to the Privacy Policy.

The ToU must be respected by any User. The ToU apply by right to unauthenticated Users of the Site or Modules. If necessary, they must be accepted before any account creation, by ticking the box provided for this purpose. If you do not consent to these ToU, you may not use the Service. Bigblue acts only as the Customer's service provider. As such, Bigblue is in no way a party to the contract between the Customer and the Buyer. Bigblue is not responsible for the contractual relationship between the Customer and the Buyer, nor for the consequences thereof.

These ToU contractually bind the User to Bigblue.

4. Access to the Service

Access to the Service requires the User to have Internet access. All costs necessary for the equipment, the connection to the Internet are the sole responsibility of the User.

The User declares to have read the characteristics and limitations of the Internet described below:

• That data transmissions over the Internet enjoy only relative technical reliability and that no one can guarantee the proper functioning of the Internet;
• That Bigblue has taken important measures to secure access to the Service, but that data circulating on the Internet may be misappropriated, and that thus the communication of passwords, confidential codes, and more generally, any sensitive information is carried out by the User at his own risk;
• That the Internet is an open network and that the information transmitted by this means is not protected against the risks of misappropriation, fraudulent, malicious or unauthorized intrusion into the User's information system, hacking, alteration or unauthorized extraction of data, modifications, malicious alterations of programs or files or contamination by computer viruses. That it is therefore up to it to take all appropriate measures to protect its own data and/or software stored on its servers from contamination by viruses such as attempts to intrusion into its computer system by third parties via the access service.

As a result of the above, and in full knowledge of the characteristics of the Internet, Bigblue declines all responsibility in the event of the occurrence of any of the facts mentioned above or which would not be the direct consequence of a fault on its part.

The User acknowledges having been sufficiently informed about the computer conditions required to access the Service.

5. Account

5.1 Obligation to provide information

The User acknowledges having verified the suitability of the Service to his needs and having received all the information and advice necessary for him to register with full knowledge of the facts.

5.2 Duration

Registration for the Service is valid for the entire duration of the Contract concluded between Bigblue and the Customer. The Parties are hereby bound from the day of acceptance of these ToU by the Customer and its Users, upon its first use of the Service.

5.3 Registration

In order to be able to create an account, the Customer must have the capacity to contract (major, capable). He acknowledges registering in his name and on his personal account.

Registration for the Service is carried out by the Customer on behalf of its employees, as End Users. The User certifies that the information concerning him is accurate and undertakes to keep it up to date via their account or via the Customer on whom it depends. He accepts the ToU. The information requested is mandatory and allows Bigblue to have all the information on the identity of the Customer and the Users.

The account can only be used by the Registered User. Access to the account is through an identification by Google account or login link which are strictly personal. The User undertakes to use them personally and not to share them.

During the first use, the User will receive a personal login link to verify his identity.

In case of suspicion of a usurpation of his account, the User must notify Bigblue without delay.

6. Obligations of the User

6.1 Use of the Service

The Customer undertakes not to use the Service for purposes other than those specified in these ToU and for purposes other than those provided for in the contract between Bigblue and the Customer.

6.2 Respect of Bigblue's property rights

Unless otherwise stated, the elements accessible on the Service such as databases, management tools, texts and more generally all the information made available to the User are the full, entire and exclusive property of Bigblue. In particular, the User shall refrain from:

• To copy or reproduce, decompile, in whole or in part the Site or the Application by any means and in any form;
• To use the Site or the Application otherwise than according to the strictly interpreted stipulations of these ToU;
• To carry out total extractions, substantial or repeated, by temporary or permanent transfer, or to use by making available to the public, all or part in quantitative or qualitative terms of the Site or the Application and other databases visible on the Site or the Application, whether for commercial or other purposes;
• Extract or use repeatedly and systematically all or part of the information visible on the Site or the Application, when such an operation clearly exceeds a normal and private use of the service offered by Bigblue;
• Exploit, market or distribute any component of the Site or application, including the information visible on the Site or the Application and any other database;
• Use software or manual processes to copy Bigblue's web pages or to record or collect information on such pages without Bigblue's express prior written consent;
• Use devices or software to disrupt or attempt to disrupt the proper functioning of the Service; or implement actions that would impose a disproportionate burden on its infrastructure.

The User's registration only gives him a personal, non-transferable and non-exclusive right of private use.

Bigblue expressly reserves all rights to the domain name www.bigblue.co and related domains and subdomains, the Name Bigblue, its logo, service marks, trade names and/or trademarks. Other trademarks, products and company names mentioned on the Site or Application may be trademarks of their respective owners or licensors and the rights to such marks are reserved to their respective owners or licensors.

6.3 Liability

Failure by the User to comply with the points referred to above will result in bigblue's right to close the User's account without notice, compensation or compensation of any kind.

If several complaints from Users concern the Customer, the latter will be informed. Bigblue reserves the right to limit access to the Service for the User. Bigblue reserves the right to take legal action against the User.

7. Liability of Bigblue

Bigblue does not guarantee the uninterrupted availability of the Service. Bigblue will make its best efforts to provide the Service reliably and continuously, but cannot guarantee operation free of any technical problems.

The Customer acknowledges that no one can guarantee the proper functioning of the Internet network. Bigblue undertakes to take all reasonable security measures to ensure the protection of the Site and the Application and secure access to them.

The User undertakes to inform Bigblue within twenty-four (24) hours of the discovery of a technical malfunction preventing him from accessing or using the Service normally.

Bigblue does not warrant that the Service will be free of anomalies or errors, nor that these can be corrected.

The User is informed of the inherent limitations of the Internet and makes use of the Service at his own risk. In particular, the User is asked to back up his data, the responsibility of Bigblue can not be sought in case of loss of data.

The compensation due by Bigblue in the event of a temporary or permanent interruption of the Service is part of the contract concluded between Bigblue and the Customer.

In general, Bigblue cannot be held liable for any damage caused by force majeure, by the Customer or by a third party, or for any indirect and/or unforeseeable damage.

Bigblue cannot be held responsible for any event detrimental to the User in connection with a problem with the delivery of the products ordered by the Buyer.

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8. Termination

Upon termination of the contract concluded with Bigblue, the Customer will have the option to download his data within a period of months, at the end of which the Customer's account will be blocked. The Customer or a User, insofar as he is authorized to do so, may request the deletion of his account at privacy@bigblue.io in which case his data will be completely deleted within 1 month, without any subsequent possibility of recovering them. The contract data necessary for Bigblue to justify compliance with its legal obligations and defend its rights and interests in court may be kept for a longer period, in strict compliance with the applicable regulations.

9. Assignment

The User expressly refrains from assigning, for a fee or free of charge, all or part of the rights and obligations he holds under this Agreement.

The Customer undertakes not to use the Service only for his own account.

10. Protection of personal data

As part of the provision of the Service, Bigblue is required to collect and process personal data of Users. To learn more about the protection of personal data at Bigblue, please consult the Privacy Policy.

11. Miscellaneous

The nullity of one of the clauses of the ToU in application in particular of a law, a regulation or following a decision of a competent court passed into force of res judicata will not entail the nullity of the other clauses of the ToU which will retain their full effect and scope between the parties.

No provision hereof shall be deemed to have been discarded, supplemented or modified by one of the parties without a prior written act signed by the authorized managers of the parties in the form of an amendment to these ToU, expressly deciding to exclude the application of a contractual clause, to supplement or modify it.

The fact that Bigblue does not avail itself at a given time of any of the clauses of these ToU, and / or a breach by the User of any of its contractual obligations can not be interpreted as a waiver by Bigblue to subsequently avail itself of any of the said clauses or contractual obligations.

Article 12 - Settlement of disputes

These ToU are governed by and interpreted in accordance with French law. In the event of a complaint or dispute, the Customer may contact Bigblue by sending a email at privacy@bigblue.io.

In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law.