Terms and conditions of use

Last update: 9 November 2021
WeWard SAS
Please read these terms of use carefully before using the services offered by WeWard SAS (hereinafter referred to as "the Company" or "WeWard SAS"), a simplified joint stock company with a share capital of €1113.50, having its registered office at 6 Boulevard André Maurois - 75016 - Paris, registered under the number 85361417000027 at the Paris Trade and Companies Registry. These terms of use define the conditions and legal obligations related to the use of the services offered by the Company through the Weward Application (hereafter "the Application"), functions or content.

Definitions

Website: refers to the WeWard website operated by the WeWard Company and accessible at www.weward.fr

Service(s) : refers to the functionalities of the Application as defined in Articles 2 and 4;

User : refers to any person registered on the Application and using the Service(s);

Wards: refers to the points earned by the User by taking steps in the street or places recommended by the Application and visited by the User.

Article 1 - Acceptance of the General Conditions of Use

1.1

By registering and/or using the Application in any manner, including, but not limited to, visiting or browsing the Application, you agree to these terms and conditions (the "Terms of Use") set forth herein. The Terms of Use also incorporate the WeWard SAS Privacy Policy, as well as any other operating rules, policies and procedures that may be published on the Application, which are incorporated by reference and subject to change by WeWard without notice, in accordance with the terms set forth in the "Changes to Terms of Use" section below.

By checking the box "I accept the terms and conditions of the service and have read the privacy policy", the User confirms that he/she has accepted these Terms without reservation. These Terms of Use apply to all Users of the Application. These Terms of Use constitute a contract between the User and the Company, which consists of these Terms of Use and the Privacy Policy.

1.2

WeWard reserves the right, in its sole discretion, to modify or replace, in whole or in part, these Terms of Use, or to modify, suspend or discontinue the Service (including, without limitation, the availability of any features, databases or content) at any time by posting a notice on the Application or by sending an email notification. WeWard may also set limits on certain features and services or restrict access to all or part of the Application, without notice and without liability. It is the User's responsibility to regularly check whether these Terms of Use have been modified. Continued use of the Service after the publication of changes to these Terms of Use shall constitute acceptance of such changes.

1.3

If the User refuses to comply with all or part of the obligations and conditions contained in these Terms of Use, he/she is invited not to access the Application and not to benefit from the Service.

Article 2 - General description

2.1

The Application is a service for valuing daily efforts and rewarding physical and sporting activities, such as walking.

The purpose of the Application is to allow its Users to convert the steps taken in the street, the recommended places visited, the purchases made or the bonuses achieved (surveys, advertisements, etc.), the data of which are received by the Company, into points ("Wards") to be converted according to the offers referenced on the Application.

2.2

To use the Application, the User must have a Smartphone and/or a tablet with internet access and a personal account.

Article 3 - Registration and eligibility

3.1

The User must be a natural person over 15 years of age, and have accepted these Terms of Use without reservation. The minor User acknowledges that the use of the Application is a "current act" within the meaning of Article 1148 of the Civil Code.

3.2

The usual tariffs and charges of the operators, such as SMS and data charges, remain payable by the User.

3.3

Given the nature of the Application, the User undertakes to use the Service for strictly personal purposes and consequently refrains from using the Application in the context of the exercise of a professional or commercial activity or in the interest of an activity competing with the Company.

3.4

Membership of the Application is free of charge and does not give rise to any obligation to purchase (in particular in respect of the rewards or places listed) or any financial consideration on the part of the User towards WeWard SAS.

3.5

In order to create an Account, the User must
- Either complete a registration form accessible from the Application by providing his/her user name, e-mail address and/or telephone number and a password.
- Or transfer his/her data to a third party service such as Facebook or Google and, if necessary, complete any missing data. In such a case, the User acknowledges that he/she authorises the use of his/her data by the Company (see Privacy Policy).

3.6

The User undertakes not to:
- Create several accounts on the Application;
- Create an account for someone other than him/herself without the latter's authorisation;
- Use as a user name the name of another person with the intention of usurping his/her identity;
- Use a user name that is rude, vulgar, obscene or otherwise illegal.

3.7

In order to benefit from all the Services of the Application, the User will have to agree to share his/her geolocation and physical activity tracking through the sensors native to his/her smartphone, without which the User will not be able to be awarded Wards. For more information regarding the processing of geolocation data, the User may consult the WeWard Privacy Policy.

3.8

The User declares and guarantees that the information provided is accurate and complete. The User undertakes to provide an effective email address and/or telephone number of which he/she is the owner.

The User undertakes not to voluntarily transfer false data to the Company, such as falsified GPS coordinates, erroneous physical activity or falsified or non-owned receipts. The User agrees not to artificially or mechanically simulate physical activity and/or location. The User agrees not to use third parties to generate Wards on his behalf.

The User agrees not to attempt to find devious ways to accumulate Wards such as:
- Artificially simulating steps;
- Artificially simulating geolocation points;
- Forcing the viewing of advertisements as part of daily bonuses;
- Sending falsified or non-owned receipts;
- Falsifying referrals by creating accounts that do not actually belong to another user.

The Company reserves the right to refuse and/or cancel a username/delete the User account, at its sole discretion, in the event of fraud. The Company reserves the right to deny any User who does not comply with these Terms of Use access to all or part of the Service.

The User agrees not to publish his or her referral code on a review site such as Apple Store, Google Play or Trustpilot. The Company reserves the right to deactivate a referral code at its sole discretion in the event that it is posted on a review site.

3.9

The User is solely responsible for all activities that occur under his or her account and for maintaining the confidentiality of his or her password. The User shall not use the account of another person. The User shall immediately notify the Company in writing of any unauthorised use of the User's account or any other breach of security related to the User's account of which the User becomes aware.

Article 4 - Description of the Service

4.1 Wards

Wards are the points that Users of the WeWard Application can generate:
- by verified physical movement (e.g., steps) or
- by visiting geographical locations referenced on the WeWard Application or
- by daily bonuses such as viewing an advertisement or answering a survey or
- by a receipt sent to the WeWard Application or
- by purchasing from a partner website following the use of a link provided by the Application via email or
- by purchasing from a partner website following the redirection to the site from the WeWard Application or
- by referring a user.The quantity of Wards generated thanks to verified physical movements is limited and may vary over time.

The quantity of Wards generated thanks to bonuses or surveys may vary over time.
The quantity of Wards generated following the visit of a geographical location or the sending of a receipt may vary according to the Users and may be subject to a random draw (promotional lottery) whose winning probabilities will be specified on the Application.
The quantity of Wards generated following a purchase on a partner site may vary depending on the Users, depending on the products purchased, depending on the amount of the shopping basket and may vary over time. The Wards accumulated will be considered as acquired, and therefore usable, when the partner site has validated the reward. The reward can be invalidated by the partner site for various reasons such as:

- The User has returned items;
- The User has used another reward system in addition to WeWard
- The User has purchased products that do not fall within the scope of a partner's reward (see "Reward Conditions" in the WeWard Application).

The amount of Wards generated through referrals is limited to 40,000. The terms and conditions of the referral are specified in the Application and may vary over time.

Wards can be redeemed for products, services and other benefits via the WeWard Application only (hereinafter: the "Rewards").

The Company reserves the right to destroy Users' Wards where the Company has reason to believe that they have been created by means other than those referred to above and to suspend or deactivate the relevant accounts.The Company reserves the right and absolute discretion to determine and change from time to time the physical movements eligible for Wards, the movement verification algorithms and the quantities of verified movements that Users must make in order to generate Wards using the WeWard Application. For example, and without limitation, the Company may change the step verification algorithm and the number of steps required to generate a Ward from time to time. Details of the eligibility criteria are provided in the FAQ section of the WeWard Application. The Company may limit the maximum amount of Wards that Users of the Application can generate each day.

4.2 The Awards

Rewards are mostly provided by third party partners. Each Reward requires a certain number of Wards indicated in the Application. Under no circumstances can the User obtain a Reward if he/she does not have a sufficient number of Wards corresponding to the desired Reward. To obtain a Reward, the User must follow the instructions in the "Rewards" section of the Application:
- If the User chooses a dematerialised Reward, he/she will receive an e-mail at the e-mail address he/she has indicated within a maximum period of 72 hours, indicating the procedures for obtaining his/her Reward.
- If the User chooses a materialized prize, it will be sent to him/her within an estimated 30 working days to the postal address he/she has indicated in his/her user account.
- If the User chooses to participate in a promotional lottery, the conditions will be specified on the Application. The User may only participate in the lottery via Wards obtained without financial sacrifice (Wards won by walking, completing challenges, or visiting places). The lottery aims to allow users to win more expensive prizes thanks to their physical activity. It therefore motivates Users to increase their walking time and promotes the WeWard application.
- If the User chooses a Euro Reward, he/she will have to fill in his/her bank account details and an identity document to receive a transfer. The Euro Reward is only available above a certain amount which may vary. The conditions will be specified on the Application.
- If the User chooses to participate in an associative project (reforestation, fight against poverty, medical research, support to sick/disabled people...), the project to be financed as well as the Association that will carry out this project will be specified on the Application. The amount collected includes all costs for the realisation of the project, taking into account the management costs for the Association and WeWard.

It is specified that the Reward in euros will only be offered if the User has a sufficient number of Wards. Charges may be applied to the Euro Reward, and the conditions will be specified on the Application.

The choice and use of Rewards are the sole responsibility of the User. In no event shall the Company be liable for any damages whatsoever caused to the User or any third party as a result of the use of the Rewards.

The User acknowledges that the Company assumes no responsibility for products, services or other benefits offered on the Application in the "Reward" section that are provided by third party partners. The User acknowledges that the Company does not guarantee the quality, proper functioning, safety of goods, services or other benefits offered on the Application. The User acknowledges that the Company assumes no obligation to return, exchange or refunds in connection with transactions on the Application. Without limiting the effect of these Terms of Use in any way, transactions made are subject to the prevailing legal terms and conditions of the party offering the relevant goods, services or other benefits.

The list of Rewards may be changed at any time by the Company, without the Company having to give any reason and without any liability. In the event of any Reward being unavailable for any reason whatsoever, the Company reserves the right to re-credit the User with the Wards spent or to replace them with a Reward of the same value and with equivalent characteristics, without any liability on its part.

Any sale and/or exchange of Wards other than as provided for in these Terms of Use is strictly prohibited.

If the User chooses to convert his/her Wards into Euros, the sums received cannot be considered as a salary and the User acknowledges that he/she is not in any way subordinate to WeWard SAS.

Bank transfers are only available to European bank accounts.

It is the User's responsibility to declare the sums received to the tax authorities.

Article 5 - Intellectual property

The Application, the trademarks, logos and any other distinctive sign of the Company and/or its partners, as well as any software used in the provision of the Service, as well as the content of the Application (i.e., any text, video, photograph or any other information in any format and of any nature whatsoever appearing on the Application) are the exclusive property of the Company and/or its partners and/or third parties and may be subject to protection by copyright, trademark law, patent law or any other intellectual property right. The present Terms of Use do not entail any transfer of property of any kind to the User.

It is therefore forbidden to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sub-license, give as security, transmit in any other way the elements of the Application or to carry out reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Application, without the express authorisation of the Company or the holder of the rights.The User agrees not to use the Application or the Website in a manner that is unlawful or inconsistent with these Terms of Use, or to act in a fraudulent or malicious manner, for example by hacking or inserting malicious code, including viruses, or harmful data, into the Application or the Website;

. The User agrees not to infringe the intellectual property rights or those of third parties in connection with the use of the Application or the Website; The User agrees not to transmit any defamatory, explicit, offensive or otherwise objectionable content on the Application or the Website; The User agrees not to use the Application or the Website in any manner that could damage, disable, overburden, impair or interfere with our systems or security or interfere with other Users; The User agrees not to use any technology that interferes in any way with the proper working of the Application or the Website, including blocking any advertisements or promotions displayed on it. Any use of Adblock® type software is prohibited. The User agrees not to collect or harvest any information or data from the Application or the Website for commercial purposes, unless otherwise agreed in writing by the Company. If the Company discovers a violation by the User, the Company reserves the right to immediately suspend or terminate access to the Application and delete the relevant account.

Article 6 - Absence of medical advice

The WeWard Application tracks and verifies the amount and frequency of Users' physical movements, generates Wards and uses them to redeem for Rewards. The Services provided by the Company do not contain, do not constitute, and should not be construed as medical advice or medical opinions. The Company is not a licensed health care professional, does not collect health data and is not in a position to provide medical advice. The User should always consult a qualified, licensed healthcare professional before starting or changing a diet or exercise program. The WeWard App is not a diagnostic or disease prevention tool. Use of the Application does not create a doctor-patient relationship between the User and the Company.

Article 7 - Data processing and liberties

The use of the Application and the provision of the Service offered entail the processing by the Company and, where applicable, by its partners, of the User's personal data.

The terms and conditions of this processing are detailed in the Privacy Policy, which forms an integral part of these Terms of Use.

Article 8 - Liability

8.1

Given the technical computer and telecommunications constraints inherent in the use of the Application and the Website, the Company may not be held liable in the event of damage caused by a malfunction in one or more of the stages of access to the Application and/or the Service offered, due in particular, but not exclusively, to the inconveniences inherent in the use of the Internet network, such as a break in service, external intrusion, the presence of computer viruses or a malfunction of any kind whatsoever. The User is invited to report any difficulties he/she may encounter while using the Application to the Company without delay.

The Company does not guarantee optimal operation of the Application if the version used does not correspond to the latest version of the Application on the download platforms (Google Play and Apple Store). The Company cannot be held liable for any damage caused by a malfunction on an earlier version of the Application.

If the Company has legitimate reasons to believe that the security of the Application is compromised or that misuse of the Service offered would be due to unauthorised use of the User's identification data, the Company may temporarily deactivate the User's Account in order to preserve the integrity of the Application, as well as that of the User's Account data. The User undertakes to cooperate with the Company and in particular to modify his identification data directly on the Application by modifying his identifier, email address and/or password, on first request.

8.2

The User undertakes to use the Application in accordance with its purpose and not to carry out any illicit, unfair or dishonest action or action that could be assimilated to a fraudulent practice of any kind whatsoever, in particular with a view to artificially obtaining a number of Wards greater than those corresponding to the physical activities and visits to places carried out.

8.3

The Company may not be held liable in the event that the non-performance or poor performance of the Company's obligations is attributable either to the behaviour of the User, or to the unforeseeable and insurmountable act of a third party to these Terms of Use (in particular the sources of information published by third parties) and in particular partners over whom the Company has no control, or due to a case of force majeure, as defined by Article 1218 of the Civil Code. Force majeure includes in particular: natural disasters, fires, strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of Internet connectivity due to public or private operators. In addition, the Company shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs.

8.4

Without prejudice to the cases of exclusion of the Company's liability referred to in these Terms of Use, the Company's liability may only be incurred as compensation for direct, real, foreseeable and certain damage suffered by the User, provided that the User proves that the Company's contractual fault is the direct cause of the damage.

The User acknowledges and accepts that loss of opportunity, operating losses in the accounting sense of the term, loss of productivity, contracts and/or margins, loss of earnings or Wards, as well as the non-realisation of savings or expected earnings or any damage to image, may not give rise to compensation. In any event, and in the event that the Company is held liable, the compensation due may not exceed the amount corresponding to the Rewards to be converted that would have been awarded to the User via the Wards during the three (3) months preceding the incident.

8.5

In order to facilitate their exchanges, the User accepts that the Company's computer systems and files will be considered as proof between them unless the User provides evidence to the contrary of at least equal value.

Consequently, the computer files and registers stored in the computer systems operated by the Company or on its behalf under reasonable conditions of security and reliability may be validly used and produced as proof of the execution of these Terms of Use, and more generally of any event, communication or relationship occurring between the parties in connection with the use of the Application, the Website and the use of the Service by the User.

Thus, the Company may validly produce in the context of any procedure, for the purposes of proof of any act, fact or omission, the data, files, programmes, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on any digital or analogue media, and rely on them, except in the case of obvious error.

Article 9 - Duration of the contract - Termination

9.1. Duration of the contract

These Terms of Use are subscribed to for an indefinite period from the time of their first acceptance by the User under the conditions described in Article 1.

9.2 Termination of the relationship by the Company

9.2.1. The Company may suspend access to the Application and the Service if the User fails to comply with these Terms of Use. In this case, the Company will notify the User of this suspension by e-mail and will give the User formal notice to cease this violation.

At the end of a period of three (3) days from the date of this notification, which has remained without effect, the Company may terminate the contractual relationship with the User as of right, without formality and subject to any damages to which it may be entitled as compensation for the prejudice resulting for it from this situation. This termination may occur without notice in the event of a serious breach by the User of its obligations under these Terms of Use or in the event of suspected fraud.

9.2.2. The Company reserves the right to deactivate the User's account after a period of total inactivity equal to or exceeding thirty (30) days. However, the User will be able to reactivate his account within thirty (30) days of the suspension.

This period runs from the date of the User's last connection to his management interface.

Finally, and generally speaking, the Company may suspend any account by electronic notification.

9.3. Termination of the relationship by the User

The User may terminate these Terms of Use at any time by following the procedure provided for this purpose on the Application.

Within forty-eight (48) hours of this unsubscription, which implies the termination of the contractual relationship, all or part of the User's data may be deleted from the Company's databases and the User will no longer have access to the Application or to the Service, with the exception of that which the Company is required by law to keep or under the conditions set out in the Privacy Policy.

In the event of the User's death, and upon production of the relevant supporting documents, the account will be deactivated. Its content can only be transmitted to the beneficiaries by court order or under the conditions described in the Privacy Policy.

Article 10 - Disputes

10.1.

These Terms of Use and their interpretation are subject to French law, without prejudice to the applicable conflict of law rules.

10.2.

In the event of a problem, the User is invited to contact: contact@weward.fr

In accordance with Article L. 612 - 1 of the French Consumer Code, the User is offered the possibility of having recourse to a mediator free of charge in order to resolve amicably any dispute between him/her and the Company. The User may consult : Consumers may also consult the European platform for dispute resolution.

The User is invited to contact the Company to inform it of his request so that the Company can provide him with the contact details of the mediation body and the precise conditions for such recourse to this mediation procedure.

10.3.

In the event of failure or refusal of mediation as referred to in Article 10.2, any legal action shall be brought before the competent court in accordance with the provisions of the Code of Civil Procedure.

Article 11 - Contact

For any question or information, Users may contact the Company:
- either by e-mail at the address: contact@weward.fr
- or by post at the address mentioned in the preamble to these Terms of Use.