Terms & Conditions

ESN France - Buddy System administration (hereinafter referred to as “Buddy System”) has developed a matching platform accessible on a website at the address www.buddysystem.eu or in the form of a mobile application (hereinafter referred to as the “Platform”).
These terms and conditions have the purpose of governing access to and of use of the Platform. Please read them carefully. You understand and recognise that Buddy System is not party to any agreement, contract or contractual relations, of any nature, entered into between the Members of its Platform.
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.

In this document,
“Advert” means an advertisement about a
“Buddy System” has the meaning given to it in Article 1 above;
“Buddy System experience”
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Member Content” has the meaning given to it in Article 11.2 below;
“Member” means any individual having created an Account on the Platform;
“International Student” means any Member who is registered to benefit from a “Local Buddy” support;
“Local Buddy” means any Member who is registered to get in contact with an “International Student”
“Platform” has the meaning given to it in Article 1 above;
“Services” means all services delivered by the Buddy System via the Platform;
“Website” means the website accessible at the address www.buddysystem.eu;

Access to and registration on the Platform, as well as filling your profile, taking advantage of services and events and interacting with users, is free of charge.

You agree to use the Services and the Platform only to be put into contact, on a non-business and non-profit basis, with people wishing to share a “Buddy experience” with you.
Buddy System reserves the right to suspend your Account in the case where you are offering a “Buddy experience” against payment/compensation. Buddy System also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the services offered, entails a situation of profit for you, or for any reason suggesting to Buddy System that you are generating a profit on the Platform.

You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform. Also, as Member, you agree to keep a positive, respectful and kind attitude toward other users you might be in contact with.
Furthermore, when using the Platform and during your Buddy System experience, you undertake:

• not to use the Platform for professional, commercial or profit-making purposes
• not to send Buddy System (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information
• not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Buddy System or a third party or contrary to good morals
• not to infringe the rights and image of Buddy System, notably its intellectual property rights
• not to open more than one Account on the Platform and not to open an Account in the name of a third party
• not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the Buddy System experience
• to comply with these T&Cs and the Privacy Policy
• to fill in the right information concerning you
• to contact the local coordinator and/or the administrator of the Platform when: (i) I am not anymore available to be matched; (ii) the “Buddy” with whom I am matched is not answering after 14 days; (iii) I encounter a problem with any other Member and/or the Platform.

You can terminate your contractual relations with Buddy System at any time, without cost and without reason. To do this, simply go to the “Close my account” tab of your Profile page. In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 7 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Buddy System has a genuine reason to believe this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Buddy System reserves the right to:

• terminate the T&Cs binding you with Buddy System immediately and without notice;
• prevent the posting of or remove any review, message, content, or any content posted by you on the Platform;
• limit your access and your use of the Platform;
• temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Buddy System. Buddy System will decide, at its sole discretion, whether or not to lift the measures put in place.

In the context of your use of the Platform, Buddy System will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by ESN France in compliance with the applicable law and the stipulations of the Privacy Policy.

10.1. Content published by Buddy System

Subject to the contents provided by its Members, Buddy System is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Buddy System grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform, Services and their contents, without the prior written permission of Buddy System. Notably, you are prohibited from:

• reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by Buddy System
• decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force
• extracting or attempting to extract (notably using data mining robots or any other similar data collection tools) a substantial part of the data of the Platform.

10.2. Content posted by you on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Buddy System a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”).
In order to enable Buddy System to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Buddy System, for the whole world and throughout the duration of your contractual relations with Buddy System, to reproduce, represent, adapt and translate your Member Content as follows:

• you authorise Buddy System to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
• you authorise Buddy System to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.

The Platform constitutes an online networking platform on which the Members can create an Account and be matched with other users named “Buddies”.
In using the Platform and in accepting these T&Cs, you recognise that Buddy System takes no part into any agreement between you and the other Member.
Buddy System has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the experience, and it does not offer any Trips on the Platform.

Buddy System shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Buddy System reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

These T&Cs and the documents incorporated by reference express the entire agreement between you and Buddy System relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Buddy System may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Buddy System before it takes effect.

These T&Cs are written in English and subject to French law.
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified Buddy System in writing of any dispute in order to obtain an amicable solution.

For any question, you can contact ESN France - Buddy System administration using this contact form.

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Version dated 6 April 2021