General Conditions of Use

Updated on May 8th, 2018 (updates in blue)

 
 

ARTICLE 1: Purpose 

The present "general conditions of use" are for the legal frame of the modalities of making available the services of the application Share Expenses and their use by the "User". 

The general conditions of use must be accepted by any User wishing to use the application. They constitute the contract between the application and the User. Access to the application by the User signifies his/her acceptance of these general conditions of use. 

In the event of non-acceptance of the general conditions of use stipulated in the present contract, the User has to renounce the access of the services proposed by the application. 

asho.eu reserves the right to modify unilaterally and at any time the content of these general conditions of use. 

 

ARTICLE 2: Legal notices 

The publication of the Share Expenses application is provided by asho.eu, whose registered office is located at 40, avenue Laferrière, 9400 Créteil, France. 

The founder of asho.eu is Mr. Luis Marques. 

The host of the associated website www.share-expenses.asho.eu is the Wix.com Company. 

 

ARTICLE 3: Definitions 

The purpose of this clause is to define the various essential terms of the contract: 

  • User: This term refers to any person who uses the application. 

  • User Content: These are the data transmitted by the User within the application. 

  • Member: The User becomes a member when it is identified on the application. 

  • Identifier and password: this is all the information needed to identify a User on the application. The username and password allow the User to access services reserved for the members of the application. The password is confidential. 

 

ARTICLE 4: access to services 

The application allows the User free access to the following services: 

  • Creation and management of an event (including management of participants); 

  • Establishment and management of expenses and revenues 

  • Consultation of summaries of expenses and debts of each participant. 

  • Marking payments of other participants' debts made outside the application as received. 

  • Receiving debt payments from other participants, made via the application 

Only the use of the application to make a payment of debt to the other participants of an event generates a fee. See section 12.6 for more details. 
 

The application is accessible free of charge to any user with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) shall be borne by the User. 

The Non-Member User does not have access to member services. To do this, it must identify him(her)self with his/her username and password. 

The company that publishes the application implements all the means at its disposal to ensure quality access to its services. Since the obligation is the means, the application does not commit itself to achieve this result. 

Any event due to a case of force majeure resulting in a malfunction of the network or the server does not incur the responsibility of the application Share Expenses. 

Access to the application's services may be interrupted, suspended, changed at any time without prior notice for maintenance or in any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract. 

The User may contact the application's editor by e-mail at postmaster@asho.eu

 

ARTICLE 5: Intellectual Property 

Trademarks, logos, signs and any other content of the application are protected by the Code of Intellectual Property and more particularly by the copyright. 

The User requests the prior authorization of the application for any reproduction, publication, copy of the different contents. 

The User agrees to use the contents of the application in a strictly private setting. Use of the content for commercial purposes is strictly prohibited. 

Any content posted by the User is solely his/her responsibility. The User agrees not to put on line any content that may harm the interests of third parties. Any legal action brought by an injured third party against the application will be borne by the User. 

The Content of the User may be at any time and for any reason deleted or modified by the company publishing the application. The User receives no justification and notification prior to the deletion or modification of the User content. 

 

ARTICLE 6: Personal Data 

The information required for registration to the application is necessary and mandatory for the creation of the User's account. In particular, the e-mail address may be used by the company that publishes the application for the administration, management and animation of the service. 

The company that publishes the application ensures to the User a collection and processing of personal information in the respect of the private life in accordance with the French law n ° 78-17 of January 6, 1978 relating to data processing, files and liberties. The application is declared to the CNIL (National Commission of Computing and Freedoms) in France under the number 2119284. 

The publisher agrees not to disclose the User's personal data to other persons or companies. 

  

  

Pursuant to sections 39 and 40 of the French Act dated January 6, 1978, the User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right via: 

 

ARTICLE 7: Liability and Force Majeure 

The information disseminated on the application, and in particular the calculations made by the application, are deemed reliable. However, the application reserves the right to a non-guarantee of the reliability of the information. The information given on the application is purely informative. Thus, the User assumes sole responsibility for the use of the information and contents of the application, in particular: 

  • The calculations made by the application, and in particular the amount of the debt or credit for a given event for the User is provided as is by the application. 

  • The User undertakes to accept the methods and rules of distribution calculations carried out by the application. 

  • The User is responsible for the data entered into the application by him(her)self and/or by the event's administrator(s). 

  

The publisher can not be held responsible for any erroneous use of the application by the User or another participant in an event of which the User is a participant, in particular an incorrect information entry concerning an expense, a recipe or a type distribution, or any error generated in the calculations made by the application due to a connection error in particular. 

No compensation shall be requested by the User to the publishing company in case of disagreement on the calculation carried out by the application. 

No compensation shall be requested by the User to the publishing company in case of use of the PayPal service used to effect the repayment of the user's debt on a given event. 

In the event of will to surrender the payment of its debt to other participants in an event, the User must contact PayPal in order to request the refund of the amount paid. 

In all cases, the charges generated and collected by the publishing company during the payment via the application are deemed to have been acquired by the publishing company as part of its running costs and can not be reimbursed to the User. Only the amounts actually paid to the participants could be reimbursed in the case of a positive resolution of the request. 

  

The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited. 

The User assumes the risks associated with the use of his username and password. The application declines all responsibility. 

Any use of the service by the User which directly or indirectly results in damage must be compensated in favor of the publishing company. 

An optimal guarantee of the security and confidentiality of the transmitted data is not ensured by the application. However, the application undertakes to use all necessary means to guarantee the security and confidentiality of the data. 

The responsibility for the application can not be committed in case of force majeure or the unpredictable and insurmountable fact of a third party. 

 

ARTICLE 8: External application 

In the case of switching to the external application PayPal from the application, the PayPal pages do not in any way bind the responsibility of the application that does not have control of these pages. 

The User is therefore forbidden to engage the responsibility of the publishing company for the content and resources relating to this external application. 

 

ARTICLE 9: Development of the Contract 

The application reserves the right at any time to modify the clauses stipulated in this contract. 

 

ARTICLE 10: Duration 

The duration of this contract is undetermined. The contract shall have effect for the User as of the use of the service. 

 

ARTICLE 11: Applicable Law and Jurisdiction 

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, only the courts of the town of Créteil, France are competent. 

 

ARTICLE 12: Publication by the User 

Article 12.1: Registration on Application 

The application allows the User to register. 

This record stores the following mandatory information: 

  • E-mail address 

  • Name 

  • First name 

  • Display Language 

  • Whether or not to receive email notifications from the application for any operation performed within an event. 

The application allows the User to modify his/her personal data above at any time. 

Only a Registered User (hereinafter referred to as a Member) may use the application. 

 

Article 12.2: Creation of an Event 

The application allows members to create events and invite participants to these events. 

The participant is identified by his/her email address. 

The invitation takes the form of an email sent to the participant. 

The member creating an event becomes de facto the event's administrator and consequently has the right to modify it without requesting any prior authorization from any participant. 

Only the deletion of an event requires the prior authorization of each participant. 

An event administrator can give or remove the administrator rights for an event to another participant. 

 

Article 12.3: Participation in an Event 

A participant invited to participate in an event has the right to refuse participation. 

In case of refusal, the latter will not be able to access any of the data published by the participants in this event. 

In the event of acceptance, the latter acquires the right to consult the details of the event, including all expenses created by the other participants, as well as calculations made by the application allowing to know the debts of each participant . 

By default, a participant has simple attendee rights to the event he is invited to, unless the administrator has given him administrator rights for that event. Refer to section 12.2 for details on the rights of event administrators. 

Only event participants have the right to view the event and its associated expenses, as well as the results of the application calculations (summary of each party's expenses and liabilities). 

A participant defines the composition of his group to participate in the event: 

  • number of adults 

  • number of children 

 

Article 12.4: Creation of expenses, revenues and types of split 

The application allows members to create expenses, revenues, and types of split within an event, and to publish them to participants in the events in which they participate. 

Only event participants have the right to view the event and associated expenses and/or revenues, types of split, and the results of the application calculations (summary of each party's expenses and liabilities). 

Only the author of the expense (or recipe or type of split) and the event's administrator have the possibility to modify it and to delete it. 

 

ARTICLE 13: Calculation of Application 

The application calculates each participant's share of an event for each expense and revenue. 

This distribution is calculated on the basis of the type of distribution chosen for this expenses or revenue. 

The way each participant's share is calculated depends on the characteristics of the type of split chosen and the characteristics of the participants in the event. 

A distribution has the following characteristics: 

  • List of participants 

  • Calculation mode (automatic or manual) 

  • Types of participants involved (adults, children or both) 

  • If the share is calculated in proportion to the time spent 

  • In the case of a pro rata proportion, the duration corresponding to the expense or the revenue 

Calculation rules: 

  • a child counts for half of an adult 

  • The duration calculated in the case of a pro rata to the time spent is the end date minus the start date; eg. between October 1, 2017 and October 10, 2017, the application calculates 9 days. This corresponds to counting a start time and an end time identical. 

  • In case of start and end the same day, the application counts 1/2 day. 

The application also calculates the optimized way for each debit participant in an event to repay its debt to the creditors with a minimum of operations. 

The application also calculates the breakdown by expense/revenue for each participant. 

The calculations made by the application, and in particular the amount of the debt or credit for a given event for the User, are provided by the application as is. 

See article 7 for the rules and limits of liability of the User and the publisher. 

  

  

ARTICLE 14: Payments via PayPal ® 

The application allows a member via PayPal either to repay his total debt, or to make a payment directly to another participant, for a given event.

For this, the User must have previously opened a PayPal account (with the same email address as the one used to register on the application or another, the identification is done by entering the email to use at the time payment)

Payment via PayPal uses a service provided by PayPal. 

No personal data concerning the User's PayPal account is collected by the application. 

Article 14.1: Final overall payment

The application determines the User's debt on a given event. 

The use of Paypal via the application by the User to pay his debt for a given event generates fees collected by the publisher of the application for its operating costs at the time of payment.

The amount paid by the User when using Paypal via the application to pay his debt for a given event is his debt for this event plus the fees calculated by the application.

The app will keep these fees for its service costs. Part of this fee is used to pay the fees requested by PayPal.

To find out how to calculate the fees collected by the publishing company, consult the rates in effect here.

The amount of fees that will be collected is displayed at the time of the request for payment, before the start of the operation itself.

In this case, the participants in an event will receive the amount due to them on the event by the User, without any charge retention.

Article 14.2: Direct payment from participant to participant

The User himself determines the amount he wants to pay to another participant, on a given event.

The use of the application by the User to make this payment does not generate fees by the application. However, it is possible according to PayPal's own rules that PayPal charges a fee (depending on the source of cash used, the User is invited to consult the general conditions of use of PayPal and applicable rates, on paypal. com). If PayPal charges some fees, these will be displayed on the PayPal page at the time of payment. The app does not collect or receive fees in this case.

 

ARTICLE 15: Confidentiality Agreement 

Consult the terms of the confidentiality agreement here

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