Version of 02/01/2024
The purpose of these General Terms and Conditions of Use (GTCU) concluded between POKAWA, a simplified joint stock company with share capital of 2,470.60 euros, registered with the Paris Trade and Companies Register under number 830 213 203, having its registered office at 7 rue de Bucarest, 75008 PARIS (hereinafter referred to as "POKAWA") on the one hand and the Beneficiary on the other (hereinafter referred to collectively as the "Parties") is to set out the contractual provisions relating to the respective rights and obligations of the Parties in the context of the Sponsorship Offer.
Any registration for the Sponsorship Offer by the Beneficiary implies acceptance by the Beneficiary, without reservation, of these GCU.
These GCU do not govern orders for products placed on the Site or the Application.
Article 1 - Definitions
The terms mentioned below have the following meaning in these GCU:
"Purchase": refers to any order placed by a Beneficiary on the Site or on the Application.
"Eligible Purchase": refers to the first Purchase made by the Godchild, of an amount greater than or equal to fifteen (15) euros, made on the Application or the Site. Purchases made by the Patron via other order channels, and in particular via third-party sellers, are not eligible.
"Application": refers to the "Pokawa" mobile application, downloadable via the App Store and Google Play.
"Beneficiary": refers, in the singular, to the Sponsor or the Godchild, and in the plural, to the Sponsor and his/her Godchild, beneficiaries of the Sponsorship Offer.
"Promotional Code": refers to the promotional code worth five (5) euros sent to the Godchild after he/she has registered for the Sponsorship Offer.
"Account": refers to the Beneficiary's personal space accessible from the Site or the Application.
"Sponsor": refers to any natural person client of POKAWA who held an Account prior to registering for the Sponsorship Offer, and who wishes to benefit from it by sponsoring the Recommendee.
"Recommendee": refers to any person who is not a customer at the time of sponsorship, and who wishes to benefit from the Sponsorship Offer via the Sponsor.
"Sponsorship Offer": refers to all the functionalities offered by POKAWA as part of the Beneficiaries' registration for the sponsorship programme deployed by POKAWA.
"Reward": refers to the promotional code worth five (5) euros that can be used once by the Sponsor following the Eligible Purchase by the Recommendee, on any Purchase made on the Application or the Site.
"Site": refers to the POKAWA Internet site accessible at the following address: www.pokawa.com.
Article 2 - Acceptance of the GCU
To benefit from the Sponsorship Offer, the Beneficiary must accept these GCU.
By accepting the GCU, the Beneficiary undertakes to comply with the various obligations set out therein.
The Beneficiary undertakes to read these GCU carefully when registering for the Sponsorship Offer, and is invited to print them out and keep a copy.
The GCU are referenced in the dedicated tab on the Site and Application and can be consulted at any time.
Article 3 - Technical specifications
By using the Site or the Application to benefit from the Sponsorship Offer, the Beneficiary acknowledges that he/she has the necessary means and skills to use the services offered.
The equipment required to access and use the Site and the Application is the responsibility of the Beneficiary, as are any telecommunications costs incurred by their use.
Article 4 - Registration conditions for the Sponsorship Offer
Any person aged fifteen (15) or over and residing in France may take part in the Sponsorship Offer.
Registration for the Refer a Friend Offer is free.
It is expressly stipulated that only one registration per person will be authorised. Each Beneficiary may only hold a single Account.
Article 5 - How to register for the Sponsorship Offer
5.1. The Sponsor is invited to validate his/her registration for the Sponsorship Offer on the Site or the Application via his/her Account.
To do this, the Sponsor is invited to complete the dedicated form with the following information:
First name, surname ;
The e-mail address associated with the Account.
A unique web link (hereinafter the "Sponsorship Link") to be shared with his Recommendees will then be sent to the Sponsor via his Account.
5.2. Recommendees must use the Sponsorship Link to complete the registration form for the Sponsorship Offer.
They are invited to complete the dedicated form with the following information:
Last name, first name
Registration by the Recommendee under these conditions will generate a Promotional Code for him/her, which will be sent to him/her via the e-mail address given on the sponsorship form.
5.3. General provisions
The information that the Beneficiaries provide to POKAWA when registering for the Sponsorship Offer must be complete, accurate and up to date, and must not be misleading.
POKAWA reserves the right to ask Beneficiaries to confirm, by any appropriate means, their identity, eligibility and the information provided.
The Beneficiaries will be solely responsible for actions taken through their Account. Under no circumstances will POKAWA be held responsible in the event of usurpation of the identity of a Beneficiary. Any action carried out from the Account of a Beneficiary will be presumed to be carried out by this Beneficiary, insofar as POKAWA has no obligation and does not have the technical means to ensure the identity of persons accessing Accounts.
Article 6 - Terms and conditions for using the Sponsorship Offer
6.1. The Recommendee is invited to use the Promotional Code on the occasion of his/her first eligible Purchase on the Application https://pokawa.com/telecharger-application or on the Site https://ordering.pokawa.com/.
The Recommendee is informed of the fact that the Promotional Code cannot be used in conjunction with any other offer proposed by POKAWA.
6.2. Within 24 hours of the Eligible Purchase by the Godchild, the Godparent will receive a link via the e-mail address attached to their account, enabling them to request their Reward.
The Sponsor is informed that this link is only active for a limited period of 12 months from the date of issue.
The Sponsor is informed of the fact that the Rewards cannot be accumulated together, and that the Reward cannot be used in conjunction with any other offer proposed by POKAWA.
Article 7 - Changes to the Sponsorship Offer
POKAWA reserves the right to suspend, cancel or modify the Sponsorship Offer and/or to review and revise the Terms and Conditions at any time.
Article 8 - Obligations of the Parties
8.1. Obligations of the Beneficiary
When registering for the Sponsorship Offer, each Beneficiary undertakes not to undermine public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of the GCU.
In particular, each Beneficiary must :
To behave fairly towards POKAWA;
To be honest and sincere in the information provided to POKAWA;
Use the features of the Sponsorship Offer in accordance with its purpose as described in the GCU;
Not to misuse the Sponsorship Offer to commit or attempt to commit crimes, offences or contraventions punishable by any applicable law;
To respect the intellectual property rights of POKAWA relating in particular to the elements of the Site and the Application;
Do not modify the information put online by POKAWA ;
Do not use the Sponsorship Offer to send unsolicited bulk messages.
The Beneficiary uses the features of the Sponsorship Offer under his/her sole and exclusive responsibility.
8.2. Obligations of POKAWA
The general obligation of POKAWA is an obligation of means. POKAWA has no obligation of result or reinforced means of any kind.
POKAWA undertakes to do its utmost to ensure continuity of access and use of the Site and the Application 7 days a week and 24 hours a day.
Beneficiaries are, however, informed that current Internet communication protocols do not guarantee the certainty and continuity of electronic exchanges.
Article 9 - Warning, suspension and closure of the Account
POKAWA reserves the right to restrict, suspend or terminate the Beneficiary's access to his Account in the event of a breach of these GCU. POKAWA will notify the Beneficiary before any termination of his Account.
In the event of a breach of the provisions of the GCU and/or any applicable law, POKAWA may issue a warning to the Beneficiary by e-mail to the e-mail address used for registration to the Sponsorship Offer. This notification will indicate the alleged grievances as well as the obligations alleged to have been breached.
In the event of repeated violation of the provisions of the GCU and/or any applicable law, POKAWA may automatically suspend access to the Beneficiary's Account, without compensation to the Beneficiary and without prior formal notice. This decision will be brought to the attention of the Beneficiary by e-mail to the e-mail address used to register for the Sponsorship Offer. The notification will indicate the alleged grievances as well as the obligations alleged to have been breached. As of the notification, POKAWA may suspend the Beneficiary's Account until the Beneficiary has rectified the situation. At the end of this period, if the Beneficiary has not corrected the various breaches, POKAWA may delete the Beneficiary's Account.
Article 10 - Intellectual property
The Beneficiary acknowledges the intellectual property rights of POKAWA on the Site and the Application, their components and related content and waives the right to contest these rights.
All content on the Site and the Application, such as, but not limited to, trademarks, texts, slogans, photographs and videos, is the property of POKAWA and may not be reproduced or used without the latter's express authorisation.
Article 11 - Liability
The Beneficiary is solely responsible for his/her use of the Sponsorship Offer functionalities, his/her Account, the Site and the Application.
POKAWA declines all responsibility in particular:
In the event of temporary inability to access the features of the Sponsorship Offer. POKAWA will do its utmost to inform the Beneficiaries of the interruptions;
In the event of a virus attack or unlawful intrusion into an automated data processing system;
In the event of non-compliance with the GCU or unlawful conduct by a Beneficiary ;
In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 12 of the GCU.
Article 12 - Force majeure
POKAWA cannot be held responsible if the non-execution or delay in the execution of one of its obligations hereunder is due to a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract.
If the impediment is definitive, the contract is automatically terminated and the Parties are released from their obligations.
Article 13 - Personal data
Any Beneficiary who is a consumer has the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr).
In the context of the Sponsorship Offer, POKAWA, in its capacity as data controller, collects certain personal data from the Beneficiaries.
This data is collected solely for the purposes of managing and providing the Sponsorship Offer features, responding to your queries about the features offered and managing your requests for rights.
Article 14 - Miscellaneous provisions
If any of the stipulations of the GCU are declared null and void by virtue of a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable.
The fact that one of the Parties has not demanded the application of any clause of the GCU may not under any circumstances be considered as a waiver of the said clause.
Article 15 - Jurisdiction and applicable law
The GCU, their execution and interpretation, and the relations between the Parties are governed by French law.
The Parties shall endeavour to settle any dispute arising between them amicably.
If no agreement is reached or if the Beneficiary proves that he/she has previously attempted to resolve his/her dispute directly with POKAWA by means of a written complaint, the Beneficiary may have recourse to the following mediation service:
firstname.lastname@example.org or by post to the following address
Franchise Consumer Mediation Committee
29 Boulevard de Courcelles - 75008 Paris
The Customer must specify the subject of his request and attach the documents on which it is based. Upon receipt, the mediator shall notify the Parties of the referral by e-mail or by regular mail.
Within the framework of this mediation, the Client may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, the costs of which shall be borne by it. In the event of a joint request for an expert opinion, the costs shall be shared equally between Pokawa or the Seller and the Customer.
The mediation shall be concluded within ninety (90) days from the notification of its referral by the mediator. The Parties shall be free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not compulsory.
If no agreement is reached, the French courts shall have sole jurisdiction.
In addition, the Customer is informed that an Online Dispute Resolution platform has been set up by the European Commission, which can be accessed at the following address : https://webgate.ec.europa.eu/odr/. The purpose of this platform is to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.