Terms and conditions of use

PREAMBLE

The present General Conditions are concluded between :

– Parklink Development Ltd. with its registered office at Room 1201, Allied Kajima Building, 138 Gloucester Road – Wanchai, Hong Kong, registered with the Hong Kong Companies Registry under No. 2110561, represented by its current managing director residing in that capacity at the said office,
– and any professional wishing to subscribe to the Services, hereinafter referred to as “theCustomer”,
together “the Parties”.
The Customer declares that he has the legal capacity to commit himself or his company and to relax, in particular on the website www.rebadge.services, hereinafter referred to as “the Site”.

ARTICLE 1. DEFINITIONS

“Box” means the box ordered by Customer that is required for the provision of theServices.
“Customer”: any person, natural or legal, private or public, having access to the Services under these Terms and Conditions.
“Account”: the Customer’s account, a personalized online space accessible on the Site after the Customer has been identified, allowing the Customer to consult his copies and his invoices.
“Publisher”: Parklink Development Ltd.
“Software” means the software included in the Rebadge cases
“Services”: all the services offered by the Publisher, including the duplication of contactless residential access badges, notably using the Mifare standard. Services are available for each Box until these Terms and Conditions are terminated.
“Site”: the Internet site published by the Publisher, accessible in click here.

ARTICLE 2. SUBJECT

The purpose of these General Conditions is to define the terms and conditions under which the Publisher provides the Customer, who accepts it, with the Services.

ARTICLE 3. EFFECTIVE DATE – SCOPE

The Parties agree that their relations will be governed exclusively by these General Conditions, hereinafter the “General Conditions”, which are available on the website www.rebadge.services

Any subscription to the Services proposed on the site www.rebadge.services supposes the consultation and the preliminary acceptance of the present General Conditions.

Consequently, the Customer acknowledges that he/she is fully aware that his/her agreement to the content of these General Terms and Conditions does not require a handwritten signature of this document, insofar as he/she wishes to access the Services online.
When creating the Account, this acceptance will be confirmed by checking the box: “I accept the Terms of Service”. Checking the box will be deemed to have the same value as a handwritten signature by the Customer.

ARTICLE 4. DURATION

The Services are provided to the Customer from the creation of his Account, and until the termination of these Terms.

ARTICLE 5. USE AND PROVISION OF SERVICES

5.1. Access to Services

The Services are only offered to Customers who have a Box connected to the Internet.
It is the Customer’s responsibility to ensure that the Box is connected to the Internet.
The Services include, but are not limited to:
– making copies of contactless badges,
– the sale of accessories related to the Box,
– the management of the Boxes,
– follow-up of the invoicing.
They are more fully described on the Site.

5.2. Support

Customer service can be reached by e-mail at [email protected]

5.3. Modification of the Services

The Editor reserves the right to make any changes and improvements to the Services of its choice, in particular due to technical developments.
Moreover, the Editor reserves the right, without notice or compensation, to temporarily suspend access to the Services to ensure maintenance operations related to technological developments or necessary for the continuity of the Services.

ARTICLE 6. PRICE – PAYMENT

6.1. Price

The use of the Services entails a copying fee, which is charged to the Customer for each use. The applicable prices are those displayed on the Site on the day of the order. Copies are never free of charge, except for the costs of loaner boxes.
These prices can be modified at any time by the Publisher. The prices shown are only valid on the day of the order and do not apply to the future. The prices indicated on the site are in euros, excluding tax, unless otherwise stated.

6.1.1 Technical interventions

In the event that the Publisher needs to make a technical intervention (repair, support, etc.) whose source of the problem is not related to a hardware defect of the Publisher, the Publisher may, at its discretion, charge for the above intervention, at a rate of 50 EU HT per hour, with a maximum of 150€ per incident. This fee will be added to the current invoice.

6.2. Billing – Payment

The Customer will be charged only when the copy is a verified perfect clone. The Publisher will not charge any fee in the event that a copy does not result in an identical clone. All invoices are final. Billing for the Service fee will be done by the Publisher at the end of the month. All invoices are due by the Customer before the 5th of the following month. A reminder by e-mail or SMS will be sent to the Customer.

The Customer can pay through HSBC by bank transfer or by credit card. Failure by the Customer to pay the said invoice to the Publisher within 15 days will result in the automatic interruption of the Service, until full payment of the invoice concerned. In addition, the Customer shall owe the Publisher a late payment penalty equal to three times the legal interest rate in force, calculated on the amount due, including VAT, and running  from the due date of the price without any prior notice of default being required. In addition to the late payment penalties, any failure to pay will automatically result in the application of a fixed penalty of 40 € for collection costs (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code).
It is specified that the Publisher has no access to any data relating to the Customer’s means of payment.

ARTICLE 7. OBLIGATIONS OF THE PUBLISHER

7.1. Nature of the Publisher’s obligations

The Editor is only responsible for an obligation of means concerning the Services.

7.2. Scope of the Publisher’s obligations

The Editor undertakes to provide only the Services presented on the Site, and this exclusively for any other service.
Thus, it is not responsible, in particular, for the functioning and security of the Internet connection of the Box.
More generally, the Editor cannot be held responsible for elements outside of its control and for damages that could possibly be suffered by the Customer’s technical environment and in particular his computers, software, network equipment (modems, telephones…) and any equipment used to access or use the Services.
The Services being linked to the existence of an Internet connection, the Editor cannot guarantee the absence of modification, intrusion, alteration, unavailability of the Services operated by a third party (person, virus, …).
The Editor undertakes to make its best efforts to ensure the 24-hour availability of the Services.
It does not enter into any ancillary data security or consulting obligations for the copied badges.

7.3. Responsibility of the Editor

The Publisher shall not be liable in case of force majeure or fault of the Customer, as defined in this article.

7.3.1. Force majeure

Under these terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the host of the Site or to the developers, a breach of security attributable unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such prevention, limitation or disruption.

7.3.2. Client’s fault

For the purposes of these Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its agents, non-payment of invoices due, failure to use blank ReBadges, failure to follow the advice given by the Publisher on the Site and the provision of incorrect information (such as the absence of the right to copy a badge) shall be deemed to be a fault of the Customer.


The failure to keep a record of the surname, first name and ID number of the badge holder for any copying operation, the use of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or spirit of these General Terms and Conditions, will also be considered a fault of the Customer.
In the event of misconduct by the Customer, the Publisher may temporarily suspend the Customer’s access to the Services or terminate it under the conditions set forth in Article 11.

7.3.3. Technical problems – Hyperlinks

In case of impossibility of access to the Site, due to technical problems of any kind, the Customer will not be able to claim any damage or compensation. The unavailability, even prolonged and without any limitative duration, of one or several Services cannot be constitutive of a fault and cannot give place to the granting of damages on behalf of the Editor.


The hypertext links on the Site may lead to other websites. The responsibility of the Editor could not be committed if the contents of cessites contravene the legislations in force. Also the responsibility of the Editor could not be committed if the visit, by the Customer, of one of these sites, would cause him a damage.

7.3.4. Limitation of liability of the Editor

The responsibility of the Editor is limited to the direct, personal and certain damage suffered by the Customer and related to the failure of the Services. The Publisher shall in no event be liable for consequential damages such as loss of data, business interruption, loss of orders, loss of brand image, business interruption, loss of profits or loss of customers.

 
In any case, if the responsibility of the Editor is retained, the total amount of the indemnities that he could be brought to pay to the Customer cannot exceed the amount actually received by the Editor under the present General Conditions in the 2 months preceding the complaint and this, whatever the legal basis of the complaint and the procedure used to make it succeed.

 
These General Terms and Conditions allocate the risk between the Parties; the agreed prices reflect this allocation of risk and justify the resulting limitation of liability.

ARTICLE 8. OBLIGATIONS OF THE CLIENT

Customer is solely responsible for the use of his or her Account, the Services and each Box. The User shall not hold the Publisher liable for any claim or proceeding against it as a result. The Customer undertakes to deal personally with any claim, demand, or opposition and more generally with any proceedings against him/her from any third party related to his/her use of the Boxes, his/her Account, or the Services.


He agrees not to disclose his identifiers to third parties and not to allow the use of the Services by third parties.
He undertakes to keep a register mentioning the surname, first name and ID number (passport, ID card, driver’s license) of the badge holder for all copying operations.


The Editor does not carry out any form of data processing other than those specifically related to the operation of the Services. It is in no way responsible for the processing of personal data of the Customer, nor of the Customer’s clients, within the meaning of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. It is the Customer’s responsibility to ensure compliance with its obligations under this law and, more generally, under the legislation.

ARTICLE 9. INTELLECTUAL PROPERTY

The Editor is the owner of all the rights, in particular patents, trademarks, copyrights and the right of producer of databases, relating to the contents (texts, images, diagrams…) of the Site, the Services and the Box, to their structure, and to the software implemented for their operation.


It grants the Customer, solely to enable it to use the Services in the context of its business, a purely personal, non-exclusive, non-assignable and non-transferable right to use the Software, for the entire duration of this Agreement, for France only.


The right to use the Software is understood to be solely the right to execute the Software, solely within the Box, solely within the framework of the operation of the Box, solely within the framework of the use of the Services, in accordance with its purpose.


Customer may use the Software only for its own account, in accordance with this Agreement, and for no other purpose.
This concession is granted only on condition that the Customer pays the invoices in full, in accordance with Article 6.


The Customer may not make the Software or any other content available to a third party, and is strictly prohibited from any other use not provided for herein, as well as any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.


Consequently, except with the prior and express written authorization of the Publisher, the Customer is in particular not authorized and will not authorize any third party to :


– access the Services other than through the Box or by logging into his Account on the Site,
– sell, lease, sublicense, distribute, or otherwise transfer in whole or in part the Software or any other content;
– decompile, disassemble, recompile or otherwise attempt to access the source code of the Software, in whole or in part;
– create, develop, sublicense, install, use or deploy third-party software or services to circumvent, enable, modify or provide access, authorization or rights that violate the technical restrictions of the Software and Services ;
– translate, modify or create derivative works based on the Software;
– authorize any use of or access to the Software or Services by a third party;
– remove any product identification, proprietary, copyright or other notices contained in the Software or the Site.

ARTICLE 10. STAD REGULATIONS

The Customer certifies that he/she is aware of the regulations relating to attacks on automated data processing systems (STAD), reproduced below.

Extracts from the Penal Code

Article 323-1
“The fact of fraudulently accessing or remaining in all or part of an automated data processing system is punishable by two years’ imprisonment and a fine of 30,000 euros.
When this results in either the deletion or modification of data contained in the system, or an alteration of the functioning of the system, the penalty is three years’ imprisonment and a fine of 45,000 euros.
When the offences provided for in the first two paragraphs have been committed against an automated personal data processing system implemented by the State, the penalty is increased to five years’ imprisonment and a fine of €75,000.

Article 323-2
“The fact of hindering or distorting the operation of an automated data processing system is punishable by five years’ imprisonment and a fine of 75,000 euros.
When this offence has been committed against a system of automated processing of personal data implemented by the State, the penalty is increased to seven years’ imprisonment and a fine of €100,000.

Article 323-3
“The fact of fraudulently introducing data into an automated processing system, extracting, holding, reproducing, transmitting, deleting or fraudulently modifying the data it contains is punishable by five years’ imprisonment and a fine of 75,000 euros.
When this offence has been committed against a system of automated processing of personal data implemented by the State, the penalty is increased to seven years’ imprisonment and a fine of €100,000.

Article 323-3-1
“The fact, without a legitimate reason, in particular research or computer security, of importing, possessing, offering, transferring or making available equipment, an instrument, a computer program or any data designed or specially adapted to commit one or more of the offences provided for in articles 323-1 to 323-3 shall be punishable by the penalties provided for the offence itself or for the most severely punished offence, respectively.”

Article 323-4
“Participation in a group formed or an agreement established with a view to preparing, as characterized by one or more material facts, one or more of the offences provided for in articles 323-1 to 323-3-1 is punishable by the penalties provided for the offence itself or for the most severely punished offence.

ARTICLE 11. TERMINATION

Either Party may terminate this Agreement at any time, subject to a two-month notice period, by sending a registered letter with acknowledgement of receipt to the other Party.
In the event of serious misconduct by the Customer, the present contract may be terminated without notice.
In addition, the Publisher reserves the right, without compensation, to terminate the Services.
Any definitive closure of the Services will be notified via the Site with a notice period of 2 months, except in the case of legal or regulatory provisions to the contrary or a court decision.
In any event, any amounts due upon expiration of this Agreement shall be immediately invoiced and immediately due and payable.

ARTICLE 12. GENERAL PROVISIONS

12.1. Completeness – Divisibility

These General Terms and Conditions express the entirety of the obligations of the Parties with respect to the provision of the Services.
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such event, the parties shall, to the extent possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of this Agreement.

12.2. Changes to these Terms and Conditions

The present General Conditions can be modified at any time by the Publisher. The General Conditions applicable to the Customer are those in force on the day of his order. The date of publication of these Terms and Conditions is the effective date.
The Customer has the option of saving or editing these General Conditions, it being specified that both the saving and editing of this document are the sole responsibility of the Customer.

12.3. Applicable law

These terms and conditions are subject to the application of Hong Kong law.

12.4. Dispute Resolution – Jurisdiction

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will have to be subjected to the appreciation of the Editor before any legal action with a view to a friendly settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.
In the absence of an amicable agreement, the Parties agree to submit to the jurisdiction of the Hong Kong Court for the settlement of their disputes.

12.5. Non-waiver

The Publisher’s failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.

About ReBadge

Rebadge is the pioneer of building badge copying in France and around the world. Thanks to its patented technology, Rebadge identifies 100% of the key fob models and allows copying the models authorized by the condominiums and building managers. The key fobs are of high quality, certified, and guaranteed for 2 years. With more than 2,500 points of sale and a vigik® badge copy service, Rebadge offers its customers a local, fast, economical and reliable service.