General terms and conditions of use of the YEAPAH! website

Introduction-Scope of application

Welcome to the YEAPAH! website (hereafter “the site”).

This website of the company BLUE CONCEPT is provided to help customers gather information about different Caribbean islands concerned, including the French and Dutch Antilles, to submit opinions on places, associations and Activities and serves as a platform on which intermediaries (collectively referred to as “partners”) can offer coupons, offers and discounts (collectively referred to as “coupons”).

The terms “we”, “our”, “our” and “YEAPAH!” refer to the company BLUE CONCEPT. The term “You” refers to the customer who visits the site and/or feeds the content of this site.

This Site is proposed to you subject to your acceptance, without modification, of the general conditions and notifications set forth below (jointly referred to as the “Agreement”). By accessing or using this site in any way, you agree to be bound by this agreement and declare that you have read and understood its provisions. Please read this agreement carefully. It contains information on your legal rights and restrictions on these rights, as well as a section on current legislation and dispute resolution. If you do not agree to these Terms of use, you are not authorized to use this Site.

We reserve the right to change or modify the agreement, in accordance with these terms and conditions, and you understand and agree that, by continuing to use or accessing this Site, you agree to any changes made thereto. The date of the last amendments to the agreement will appear at the bottom of this page and any changes shall take effect after publication. We will inform our members of the material changes made to these terms of use, either by sending them a notification to the email address they provided to us when they were registered or by reporting the Changes on our Site. Be sure to return regularly to this page to read the latest version of the agreement.

This Site incorporates a search engine with advanced visualization and results selection capabilities to support user-issued queries. In addition to this classic search service, this Site offers other value-added services for which specific conditions of use may exist, in particular because of the existence of a registration obligation to obtain an identifier and a password. The Site was developed in accordance with the French legislation. It responds therefore to a use on the French territory. All access to the site, outside this territory, is done at the risk of the user and it is for the latter to ensure that the site is in compliance with the local legislation from which it is trying to access.

Use of this site assumes that you assurance that (i) all information you provide on this site is true, accurate, up-to-date and complete, (ii) If you have a YEAPAH! account, you will protect the information related to your Account and you will oversee and be fully responsible for any use of your account by a third party, (iii) You are 13 years or older, allowing you to create an account and to feed the content of our Site and (iv) you have the legal capacity To conclude this agreement and to use this Site in accordance with these general conditions.

YEAPAH! does not knowingly collect information from children under the age of 13. We reserve the exclusive right to prohibit access to this Site and the services we offer at any time, and for any reason, in particular, but not exclusively, for violation of this agreement.

Any copy, transmission, reproduction, reissue, redistribution or sending of the contents of the Site, in whole or in part, shall be strictly prohibited without the prior written authorisation of YEAPAH!.

The use of the Site in accordance with these terms and conditions is free for its users. However, the Site contains links to third-party websites, which are owned and operated by independent resellers or service providers. These third parties may pay for the use of certain content or services provided on the website. Before you proceed with a transaction with a third party, it is up to you to carry out any checks that you deem necessary or timely to determine the costs incurred. When YEAPAH! provides cost details on the Site, this information is provided only as an indication and for ease of reference. In no event shall YEAPAH! guarantee the accuracy of such information, and in no event shall YEAPAH! be liable for the content or services provided on the websites of the third parties in question.

These general terms and conditions of use are available at any time on the website and will, if necessary, prevail over any other contradictory version or document.

The legal information of the company BLUE CONCEPT is as follows:

The company BLUE CONCEPT

SAS with a capital of €5000

Headquartered at 23 rue du Port, Imm Computech 97150 Saint-Martin

Registered under the number Siret 83176752000016

Having for APE code the 6201Z

Tel: (+59)0590. 27 24 36

Mobile: (+59)0690.48 02 68

In accordance with the Law on Informatics and Freedoms of 6 January 1978, reinforced and supplemented by the RGPD (General Regulation on data protection) which entered into force on 25 May 2018, the customer has at all times a right of access, rectification, Of opposition, erasure and portability of all of his personal data by writing, by letter and justifying his identity, to

BLUE CONCEPT

23 rue du port, Imm Computech

97150 Saint-Martin

For a good understanding of the following conditions, please read these definitions:

User: The user is any person who uses the site or any of the services offered on the site.

Identifying: The term “identifier” covers the information required to identify a user on the site to access member-only areas.

Password: The “password” is a confidential information, which the user must keep secret, allowing it, used in conjunction with its identifier, to prove the identity.

Opinion: Expression of a consumer’s opinion on a subject matter judged by different qualitative or quantitative elements of assessment or a work, the consumer has experienced, that he has been the purchaser (if the object is Paid) or not. A consumer opinion is made up of information relating to personal consumption experiences. This notice is intended to be returned to the public individually. A notice on the YEAPAH! website refers to the comments (Notation, notice and, if applicable, any evidence of the consumer experience owned by the user and/or owner of the rights of use) written and Posted by the contributors in the Services when their functionality allows.

Rating: The rating allows a consumer to give his or her opinion according to a scale of appreciation.

Professional (s): Refers to any professional (natural or legal person) appearing in the replies lists of the https://yeapah.com website.

Service (s): Designates any service offered on YEAPAH! that requires the creation of an account and profile to benefit from all the features offered by the service or services. Below are some examples of services: Coupons, events, creation of a landing page (dedicated space), connection to this dedicated space, change of the content of this dedicated space, diverse interaction on the site

Access to Services

The Services are available on the Internet, and available free of charge, 24 hours a day and 7 days a week, all year round, to any user with access to the Internet. All costs relating to access to Services, whatever they may be (e.g. material costs or Internet access) are solely the responsibility of the user who is solely responsible for the proper functioning of his computer equipment and his Internet access.

In addition, BUSINESS365 cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control that would prevent or degrade access to the Service.

YEAPAH! implements all reasonable means at its disposal to ensure access to Services, but is not bound by any obligation to achieve it.

YEAPAH! reserves the right, without notice, to suspend permanently or temporarily the use of all or part of the Services, in particular to update them, to modify them, to maintain them, and, in general, for any Other technical and organizational cause.

Consequently, YEAPAH!’s liability may not be retained in any way whatsoever, and in any capacity, in the event of temporary or total unavailability of all or part of the Services, of a difficulty related to the time of Response, and in general, of any performance defect of all or part of the Services.

The use of the Services implies acceptance, without condition of the Conditions of use.

In any event, the use of the Services is carried out under the sole control and responsibility of the user.

Reservations Services to registered users

The inscription

Access to certain services and especially to services dedicated to professionals is conditioned by the registration of the user.

YEAPAH! reserves the right to refuse access to the Service, unilaterally and without prior notice, to any user who does not comply with these terms of use.

Registration and access to the services of the site are reserved exclusively to the major natural persons capable, having completed and validated the registration form available on line on the site YEAPAH!, as well as the present general Conditions of uses.

Users under the age of 13 may not subscribe to a profile on YEAPAH!. Thus a user who fills a date of birth less than 13 years will not be able to validate his profile.

When registering, the user undertakes to provide accurate, sincere and up-to-date information about his person and his marital status. The user must also carry out a regular check of the data concerning him in order to maintain the accuracy.

The user must therefore provide a valid email address, on which the Site will send him a confirmation of his registration to his services. An e-mail address cannot be used multiple times to register for services.

Any communication made by YEAPAH! and its partners is therefore deemed to have been received and read by the user. The latter is therefore committed to regularly consult the messages received on this email address and to respond within a reasonable time if necessary.

Only one registration for the services of the site is admitted by natural person. Each individual user will therefore only be able to hold a single user account.

The user is given an identifier allowing him to access a space reserved for him (“My Account”), in addition to entering his password.

The username and password are editable online by the user in the My Account section. The password is personal and confidential, so the user agrees not to communicate it to third parties.

YEAPAH! reserves in any event the possibility of denying a request for registration to the services in case of non-compliance by the user with the provisions of these general Conditions of use.

Business customers

For any registration dedicated to the professional space (hereafter “PRO”), the user must provide:

A document justifying the existence of the legal entity (this can be a KBIS or INSEE extract of less than 6 months or the statutes of the entity. He is committed to providing accurate information about his activity;
A correct and valid email address to confirm its registration, the latter can only be used once for each account creation.
After receiving all the required documents, YEAPAH! reserves the right to validate or not the registration of the PRO Client within 72 hours. In the absence of a reply, the registration must be considered implicitly refused and the application may be reiterated only 10 days later.

Unsubscribe

The regularly registered user will be able to request his unsubscribe at any time by going to the dedicated page in his personal space. Any unsubscribe from the site will be effective immediately after the user has completed the form provided for this purpose.

Deleting a posteriori profile

After the creation of a profile, YEAPAH! may, at its sole discretion, delete a user’s profile temporarily and/or definitively, if the latter fails to comply with the terms of these Conditions of use.

The duration

The use of the Services is indefinite, YEAPAH! can end it at any time. The user may at any time waive the use of the Services.

The conditions of use shall be binding on the user for the duration of the Service concerned until new general conditions of use replace them (see point 7 amendments).

Disclaimer

YEAPAH! is only responsible for the content he has edited himself.

YEAPAH! is not responsible for:

In the event of technical, computer or site compatibility problems or failures with any hardware or software;

Direct or indirect, material or intangible, foreseeable or unforeseeable damages resulting from the use or difficulties of use of the site or services;

Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the failure to secure the information circulating there;

The protection of its equipment and data

The use of the site or its services

If it does not respect neither the letter nor the spirit of the present general Conditions of use.

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS YEAPAH!’S LIABILITY FOR PROBLEMS THAT MAY ARISE WHEN YOU USE THIS SITE. IF YOU DO NOT UNDERSTAND THE CONTENT OF THIS SECTION OR OTHER SECTIONS OF THE AGREEMENT, PLEASE CONTACT A LAWYER BEFORE USING OR ACCESSING THIS SITE.

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS, IN PARTICULAR WITH REGARD TO THE COMMERCIAL OFFERS ANNOUNCED BY THE PARTNERS.

YEAPAH! DOES NOT GUARANTEE THE ACCURACY OF THE CONTENTS AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR INACCURACIES CONCERNING THE INFORMATION AND DESCRIPTION OF THE PLACES, ACTIVITIES, COMPANIES, ASSOCIATIONS AND OTHER ENTITIES APPEARING ON THIS SITE (INCLUDING, WITHOUT LIMITATION, TARIFFS, AVAILABILITIES, PHOTOGRAPHS, LIST OF COMPANIES AND ASSOCIATIONS, GENERAL DESCRIPTION OF PRODUCTS, NOTICES AND NOTES, ETC.).

YEAPAH! RESERVES THE RIGHT TO CORRECT ANY INFORMATION APPEARING ON ITS SITE AND/OR IN THE CURRENT COMMERCIAL OFFERS OF WHICH THE CONTENTS WERE INCORRECT.

YEAPAH! does not in any way take any POSITION in relation to the relevance of the information, products and services contained on this site (content of the site), in whole or in part, and the presence on this site of offers relating to products or services Could constitute an endorsement or recommendation of these products or SERVICES by YEAPAH!.

THIS INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

YEAPAH! SHALL NOT BE LIABLE FOR ANY WARRANTIES, CONDITIONS OR OTHER PROVISIONS WHICH STATE THAT THIS SITE, ITS SERVERS AND THE E-MAILS SENT BY YEAPAH! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHIN THE LIMITS OF THE LEGISLATION IN FORCE, YEAPAH! SHALL NOT BE LIABLE FOR ANY WARRANTIES OR CONDITIONS REGARDING SUCH INFORMATION, PRODUCTS AND SERVICES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION CONCERNING THE QUALITY SUITABILITY TO A PARTICULAR OBJECT, THE RIGHT OF OWNERSHIP IN QUESTION, THE EVICTION AND THE ABSENCE OF INFRINGEMENT.

YEAPAH! EXPRESSLY DISCLAIMS ANY LIABILITY FOR WARRANTIES, REPRESENTATIONS OR OTHER CONDITIONS REGARDING THE ACCURACY OR EXCLUSIVENESS OF THE CONTENT OF THE SITE.

THIRD PARTY PARTNERS WHO, ON THIS SITE, COMMUNICATE INFORMATION ABOUT THEIR ACTIVITIES ARE INDEPENDENTS AND NOT AGENTS OR EMPLOYEES OF YEAPAH!. YEAPAH! IS NOT RESPONSIBLE FOR ANY ACTS, ERRORS, OMISSIONS, DECLARATIONS, WARRANTIES, BREACHES OR NEGLIGENCE ON THE PART OF THE PARTNERS OR FOR BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

SUBJECT TO THE FOREGOING, YOU USE THIS SITE AT YOUR OWN RISK AND YEAPAH! SHALL NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXTRAORDINARY OR CONSEQUENTIAL DAMAGES OR LOSSES OR LOSS OF INCOME, PROFIT, OF CUSTOMER, OF DATA, OF CONTRACTS, OF USE OF MONEY OR OF DAMAGES AND LOSSES ARISING FROM AN INTERRUPTION OF ACTIVITY, YOUR ACCESS, THE POSTING OR THE USE OF THIS SITE, THE INABILITY TO ACCESS IT, TO DISPLAY OR TO USE IT ( INCLUDING, BUT NOT LIMITED TO, THE CONFIDENCE GIVEN TO THE OPINIONS AND OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE; OR ARISING OUT OF ACCESS, POSTING OR USE OF THIS SITE) WHETHER BASED ON NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF YEAPAH! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE TERMS OF USE AND THE DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED IN ACCORDANCE WITH EXISTING LEGISLATION.

Links to third party sites

This Site may contain hyperlinks referring to websites managed by parties other than YEAPAH!. These hyperlinks are only provided as an indication. YEAPAH! does not control these sites and is not responsible for their content or privacy or other practices at work on these sites. In addition, it is up to you to take precautions to ensure that the link you select or the software you download does not contain viruses, worms, Trojan horses, blemishes or other harmful elements. The presence of hyperlinks on these sites cannot constitute approval of the elements present on these sites or any association with the managers of these sites.

Finally, YEAPAH! reserves the right to delete at any time a hyperlink pointing to its site, if the site deems it not in accordance with its editorial policy.

Notification and withdrawal policy for illicit content

In the event of any claim or objection by you concerning the elements or contents placed on the site, or if you believe that any material or content placed on the site violates your copyright, please contact us immediately. YEAPAH! will endeavour, as far as possible, to remove illicit content as soon as practicable.

Changes

YEAPAH! May, in its sole discretion, amend, enrich or delete these general conditions, in whole or in part, for legal, technical or regulatory purposes, if it deems it necessary or as a result of a modification of the services provided , the nature or the presentation of the Site. You expressly consent to be bound by the general terms and conditions that have been changed.

YEAPAH! reserves the right to modify, suspend or discontinue any aspect of the YEAPAH! services, including the availability of options, databases or content. YEAPAH! may also limit certain options and services or restrict your access to all or part of the site or any other YEAPAH! website, without notice or any other obligation, for technical or security reasons. , to prevent unauthorized access, loss or destruction of data, or when we consider, in our sole discretion, that you are infringing the provisions of these general conditions, a statute or a regulation, and when we decide To stop the provision of a service.

BY CONTINUING TO USE THE YEAPAH! SITE NOW OR AFTER CHANGES HAVE BEEN PUBLISHED, YOU MEAN THAT YOU ACCEPT THESE CHANGES.

Privacy

Data collected and processed, and collection mode

In accordance with the provisions of article 5 of European Regulation 2016/679, the collection and processing of data from users of the Site comply with the following principles:

Legality, loyalty and transparency: The data can only be collected and processed with the consent of the user who owns the data.

Limited Purpose: data collection and processing shall be carried out to meet one or more objectives determined in these Terms of use;

Minimizing data collection and processing: Only the data necessary for the proper execution of the objectives pursued by the site are collected;

Storage of reduced data over time: The data is kept for a limited time, for which the user is informed.

The completeness and confidentiality of the data collected and processed: The data controller is committed to ensuring the completeness and confidentiality of the data collected.

In order to be lawful, and in accordance with the requirements of article 6 of European Regulation 2016/670, the collection and processing of personal data may only take place if they comply with at least one of the following conditions listed:

You have expressly agreed to the treatment;

The treatment meets a legal obligation;

The treatment may be explained by a necessity related to the performance of a public service mission or under the exercise of public authority;

The processing and collection of personal data is necessary for the legitimate and private purposes pursued by the controller or by a third party.

We collect information through cookies and other similar technologies (such as Web beacons). Cookies are small text files that are automatically copied to your computer or mobile device when you visit a Web site. These files are stored by your browser. Cookies contain basic information about the use you make of the Internet. Your browser sends these cookies to our website every time you see it so that your computer or mobile device is recognized and your browsing experience is personalized and improved.

You will also find general information about cookies, including how to see which cookies are installed on your device (mobile) and how to manage and delete them, on websites such as Www.allaboutcookies.org and www.youronlinechoices.com/fr/

Data Hosting

As mentioned above, the Site YEAPAH! is hosted by:

SG Hosting Inc.

Whose head office is located at the following address

901 N. Pitt St, Suite 325, Alexandria, 22314VA

The host can be contacted via the Internet:

Https://www.sitebground.com/contact_us.hm

or via the number:

+1.866.605.2484

The data collected and processed by the site is exclusively hosted by the company Blue Concept.

The data controller

The person responsible for the processing of personal data is the company Blue Concept. It can be contacted in the following way: contact@blueconcept.fr

User rights and PRODÉDURES to implement user rights

If you decide to close your account, we will deactivate it and delete your personal data. Remember that once your account is closed, you will not be able to connect or access your personal information. However, you will be able to open a new account at any time.

In accordance with the applicable law, you also have a right of access, a right of rectification, a right of deletion, a right of limitation of the treatment, the right to the portability of the data and a right of objection. Below you will find further details and information on how you can exercise your rights. We respond to your request within a month, but have the right to extend this two-month period.

In accordance with the applicable law, you may have the following rights to your personal data:

The right to request access to your personal data. You can receive a copy of the personal information we hold about you and make sure that we treat them legally.
The right to request correction of your personal data if it is inaccurate. You can also complete the incomplete personal data in our possession, given the purposes of the treatment.
The right to request the deletion of your personal data if:
Your personal data is no longer necessary for the purposes for which we have collected or processed it; Yes
You withdraw your consent when the processing of your personal data is based on consent and it is not otherwise legally justified; Yes
You object to the processing of your personal data and it is not otherwise justified by compelling legitimate reasons; Yes
Your personal data is processed illegally; Yes
Deleting your personal data is necessary to fulfill a legal obligation.
The right to oppose the processing of your personal data. We will accede to your request unless the treatment is motivated by a serious and compelling legitimate interest or we must continue to process your personal data in order to engage, exercise or defend a lawsuit.
The right to request the limitation of the processing of your personal data if:
You dispute the accuracy of your personal data during the period during which we are required to verify the accuracy of the personal data; Yes
The treatment is illegal and you oppose the deletion and instead ask for a limitation of treatment; Yes
We no longer need your personal data for treatment purposes, but you need it for lawsuits; Yes
You object to the treatment for the period during which we are required to verify the compelling legitimate motives.
The right to portability of data. You can ask us to send you personal data about you. You can also ask us to send this personal data to a third party as far as possible. You have this right only for the personal data that you have provided to us, or if the treatment is based on the consent or necessary for the execution of a contract between you and us and if it is carried out by automated means.
You can exercise more than one of your rights through the section of your personal information account. To exercise your other rights, you can send an email request to contact@blueconcept.fr.

You will not be charged a fee for accessing your personal data (or exercising any of the other rights described in this Privacy policy). However, we may charge you a reasonable amount if your claim is clearly unjustified, repeated or excessive.

In order for the data controller to be entitled to his or her request, you must provide your first name, surname and e-mail address.

The data controller is required to respond to you within a maximum of 30 (thirty) days.

Intellectual Property

Trademarks, logos, signs and other content of the site are subject to protection by the intellectual property Code and, more specifically, by copyright.

Some of the Photos put online are not owned by YEAPAH!, but are protected by TheirAuthors. These are necessarily signed by the owner himself.

The user requests the prior authorisation of the site for any reproduction, publication, copy of the various contents.

The user agrees to use the contents of the site in a strictly private setting. A use of the contents for commercial purposes is strictly forbidden.

Any content put online by the user is his sole responsibility. The user agrees not to put online any content that may affect the interests of third parties. Any legal action brought by a third party against the site will be taken care of by the user.

The content of the user can be at any time and for any reason deleted or modified the site admins. The user does not receive any justification and notification prior to deleting or modifying user content.

User Publishing

The site allows users to post notices and comments.

In its publications, users undertake to abide by the rules of the Netiquette and the rules of law in force.

The site exercises a moderation A priori or/and a posteriori On publications and reserves the right to refuse to put them online, to modify them or to delete them, without having to justify them to the member.

The member remains the full owner of his or her intellectual property rights. But by publishing a publication on the site, it gives the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate and distribute its publication, directly or by an authorized third party worldwide, on any Support (digital or physical), for the duration of the intellectual property. In particular, the member gives up the right to use its publication on the Internet and on mobile telephony networks.

The publishing company agrees to include the name of the member in the vicinity of each use of its publication.

Use of Services for business customers

The Coupons

In order to publish coupons on the Site, the professional client must create a PRO account under the conditions mentioned in point 2 business customers.

The period of validity of the coupons is defined by The Advertiser without being able to exceed a period of 12 months.

No coupon is for sale on YEAPAH!, the coupons are only for advertising and non-commercial.

The Partner Advertiser is fully responsible for the images published during the commissioning of the coupons, as well as the conditions of use of the latter.

YEAPAH! completely discharges itself from any malfunction that could be generated by the coupons put online, their offers and conditions.

In order to publish an “EVENT”, the professional client must have already created a PRO account.

The events proposed by the Partner Advertiser are his full responsibility. YEAPAH! is relieved of any change or failure to the events proposed by the partner advertisers. The partner Advertiser also has to communicate general conditions of its events. Any change is the total charge of the Advertiser.

Applicable law and competent court

These terms of use are governed by French law.

In the event of a dispute concerning the interpretation and/or application of these Terms of use, in the absence of an amicable resolution, express jurisdiction is attributed to the French courts, notwithstanding plurality of defendant or appeal in guarantee, even for Emergency procedures or conservatory proceedings, in interim or by request.