Terms and Conditions
Welcome to Weink!
1 - Company information
WEINK is a joint-stock company (“Société par actions simplifiée”) registered with the Trade and Companies Register of Paris under number 951933050, whose registered office is located 60 rue François 1er, 75008, Paris (“WEINK”).
WEINK can be contacted at the following:
- Email address: support@weink.app
2 - Acceptance of the Terms and Conditions
These general terms and conditions (the "Terms and Conditions") constitute the sole document governing the contractual relationship between WEINK and the Users, defined below, of the platform accessible at the following address: https://weink.app/ and its application (the "Platform").
Users accepts the Terms and Conditions by ticking a box on the registration form. If the User does not accept all Terms and Conditions, they cannot access the Services.
The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
3 - Definition
In these Terms and Conditions, capitalized terms are defined as follows:
« Account »
refers to the account in the User's name enabling them to access the Services.
« Beans »
means the tokens that can be collected and spent and redeemed on the Platform under the conditions defined herein.
« Content »
refers to content of any kind (editorial, graphic, visual, photographic, audio, audiovisual or other) published by the Writer on the Platform and in particular in the Manuscript.
« Manuscript »
refers to the work written by the Writer and submitted to WEINK with a view to being published on the Platform.
« Offerwall »
refers to the page included in the Platform that allows Users to participate in games with a view to obtaining a reward, the Beans.
« Reader »
means the User who consults Content on the Platform and who does not provide any Content.
« Services »
means the services offered by WEINK to Users via the Platform as detailed in the article "Description of Services".
« User »
refers to the user of the Platform who is a Writer or Reader.
« Wallet »
refers to the User's electronic wallet in which the Beans will be deposited.
« Writer »
means the User who publishes any Content on the Platform. User who has a Manuscript on the Platform is considered as a Writer. If the Writer removes all Manuscripts from the Platform, he becomes a Reader.
4 - Conditions of access to Services
(i) The User is a natural person with full legal capacity, or failing that the User is at least 16 years of age.
(ii) The User is:
- When the User is a Writer: they are a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
- When the User is a Reader: they are a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity,
5 - Subscription and access to Services
To access the Services, the User must have the following hardware or software: iPhone Requires iOS 15.0 or later. iPad Requires iPadOS 15.0 or later. iPod touch Requires iOS 15.0 or later. Mac Requires macOS 12.0 or later and a Mac with Apple M1 chip or later. Apple Vision Requires visionOS 1.0 or later. Requires Android 7.0 and up.
To access the Services the User must fill in the form on the Platform.
The User must provide WEINK with all information which are mandatory.
Registration automatically opens an Account in the User’s name enabling the User to access the Services using their login and password.
Users may only have one account per person in order to avoid any misuse of the Platform.
Users are solely responsible for maintaining the confidentiality of their Account information, including their password. WEINK will not be held liable for any unauthorized access or use of their Account. If a User suspect that their Account has been compromised, they must notify WEINK immediately at the email address: support@weink.app.
6 - Description of the Services
6.1 - Services
Before subscribing, the User acknowledges that they can find out about the characteristics of the Services and their constraints, in particularly technical constraints, on the Platform.
The User acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which WEINK is not responsible.
The Services to which the User has subscribed are described on the Platform.
6.1.1 - Services reserved for Writers
6.1.1.1 Publication of the Manuscript on the Platform
Writers wishing to publish their Manuscript on the Platform must first submit form accessible in their Account. Once the form is completed, Writers can send their Manuscript by email at the following address authors@weink.app. No Manuscript will be considered if the Writer has not filled in the form. Once the Manuscript is received, WEINK can correct typos only on the Manuscript, if the Writer has made this request on the form, provided that the only modifications will consist, in all cases, to check spelling mistakes. WEINK reserves the right to refuse and return the Manuscript to the Writer, particularly if it contains spelling mistakes. WEINK does not check the Content and the contents of the Manuscript.
6.1.1.2 Exclusivity on Manuscript
Writers may grant WEINK exclusive rights to publish one or more Manuscripts on the Platform for a period of 2 months.
If this exclusivity is granted, the Writer undertakes to remove the entire content of its Manuscript from all platforms offering free access to it, leaving only the first 3 chapters accessible if the book has more than 10 chapters and none if it has less.
In return, WEINK undertakes, within 6 months of the activation of exclusivity, to:
- Feature its Manuscript to all Readers, in the featured space on the Platform for 1 month,
Promote its Manuscript on WEINK's Instagram Page by posting 1 content dedicated to the Manuscript to its community,
- Repost the Writer's Tiktok contents related to the Manuscript to WEINK TikTok community.
In the event of non-compliance with the commitments set out in this clause, the Writer will have all the Beans obtained during the period of exclusivity withdrawn, which will be returned to WEINK, and all the publications produced by WEINK in this context will be deleted.
6.1.1.3 Manuscript update
The Writer may ask WEINK to update the Manuscript at any time. The modified Manuscript should be sent to WEINK at the following address: anais.garnier@weink.app. WEINK will update the Manuscript as soon as possible.
6.1.1.4 Withdrawal of a Manuscript from the Platform
A Writer may ask WEINK to remove the Manuscript from the Platform by sending a request to the following address: authors@weink.app. WEINK undertakes to remove the Manuscript as soon as possible, and not to exceed 20 working days from the time it receives the request.
6.1.2 - Services reserved for Readers
The Reader may consult Manuscripts published by Writers on the Platform.
The Reader has access to certain functionalities presented on the Platform.
6.1.3 - Beans gain, utilization and conversion.
6.1.3.1 Beans gain
All the User can earn Beans by watching rewarded videos on the Platform (Reward Ad) or by accomplishing challenges displayed on the Offerwall. The User can watch up to 15 videos per day, and for each video watched, a part of the profit generated from the advertisement will be given to the User in Beans and added in the User ‘Wallet’. This advertising service is operated by a certified third party.
The number of Beans to be won on the Offerwall or won is indicated on the Platform.
6.1.3.2 Use and conversion of Beans.
· For the Reader
Once the Beans have been obtained, the Reader can use the Beans for the functionalities that allow them to do so on the Platform. In particular, the Reader may decide to offer them either to WEINK or to a Writer.
The Reader cannot redeem Beans into dollars.
· For the Writer
- When the Writer is over 18 :
To redeem Beans, the Writer must have a Manuscript published on the Platform.
Beans obtained by the Writer thanks to Readers or through advertising consultation, can be redeem in dollars at any time on his Account. The methods for redeeming Beans into dollars, and the price obtained per Beans is indicated on the Platform. The Writer must have reached a number of Beans equivalent to 100 euros to be able to request a redeem.
The payment of Beans redeemed into dollars requires that the Writer have Paypal. In cases where the country's legislation does not permit PayPal, payment may be made via bank transfer.
The Writer will be responsible for any conversion fees.
When redeeming Beans, Writer aged 18 and over may be subject to a verification process that involves providing a selfie and a photo of official identification. This is done to prevent fraud and ensure that Beans are not collected through automated processes or fraudulent software. The selfie will be linked to the Account. The Writer may continue to use other features of the Platform without providing a selfie or identification. Identity documents will not be stored and will only be used once to prevent fraud. The Writer is responsible for providing accurate information.
Generating income from the Manuscript published on WEINK can be exciting, but it's important to understand that such income might be subject to taxes such as VAT or income tax. As the Writer of the Manuscripts and more generally the Content, the Writer is solely responsible for complying with the laws applicable in their country regarding taxes.
Before publishing any Manuscript and Content, WEINK highly recommend that each Writer research and identify the applicable taxes and laws in their country.
The Writer is entirely responsible for complying with the applicable tax laws and paying any taxes that may be due on the income generated by his Content and Manuscript. WEINK is not responsible for any taxes, and Writer should consult with a tax professional or seek guidance from his local tax authority if they have any questions or concerns.
- When the Writer is a minor:
Unfortunately, minors are not allowed to withdraw Beans until they turn 18 (eighteen) due to legal restrictions.
6.1.4 - Other services
WEINK reserves the right to offer any other Service.
7 - Maintenance
For the duration of the Services, the User benefits from maintenance, in particular corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.
WEINK makes every effort to provide the User with corrective maintenance to correct any malfunction or bug found on the Platform.
The User also benefits from ongoing maintenance, which WEINK may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions). The addition of features may be subject to payment of a fee.
Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.
8 - Duration of the Services
The User subscribes to the Services for an indefinite period.
9 - Financial terms
Services are provided free of charge.
As part of the Services, the User enables WEINK to generate advertising revenue.
WEINK’s prices may be revised at any time under the conditions of the article "Modification of the Terms and Conditions”.
10 - Right of withdrawal
10.1 - For the Writer
As a professional, the Writer has no right of withdrawal.
10.2 - For the Reader
The Reader has a right of withdrawal.
This right of withdrawal is valid for 14 calendar days from acceptance of the Terms and Conditions. The Reader can exercise this right free of charge by sending to WEINK before the end of this period to the address mentioned in article "Company information":
- the completed withdrawal form,
- or any other unambiguous statement expressing the Reader’s wish to withdraw.
If the Reader exercises their right of withdrawal, WEINK will refund all payments received, using the same means of payment that the Reader used (unless the Reader expressly accepts a different means), without undue delay and no later than 14 calendar days from the date on which WEINK was informed of the Reader’s wish to withdraw.
11 - Legal warranty of conformity
Readers only are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the Reader is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties.
The legal warranty of conformity entitles the Reader to have the digital content or service brought into conformity without undue delay following their request, at no cost and with no major inconvenience to them.
The Reader may obtain a reduction in price by keeping the digital content or service, or they may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if :
1° The professional refuses to bring the digital content or service into compliance,
2° The compliance of the digital content or service is unjustifiably delayed,
3° The digital content or service cannot be brought into conformity without incurring costs for the Reader,
4° Bringing the digital content or service into conformity causes major inconvenience to the Reader,
5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The Reader is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the Reader is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the Reader is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Readers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Reader to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.
12 - Intellectual property rights
12.1 - Intellectual property rights on the Platform
The Platform is WEINK’s property, as are WEINK’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers' rights in force. The license granted to the User does not entail any transfer of ownership.
The User is granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration specified in the article "Duration of the Services".
12.2 - Intellectual property rights on Manuscript and Content
The Writer retains the intellectual property of the Manuscripts and Content that they upload to the Platform.
They guarantee WEINK that they are the owner of the Manuscripts and Content, or that they have obtained the necessary rights to upload them on the Platform.
The Writer grants WEINK, free of charge, worldwide, for the duration of the Services and for a period of one month at the end of the Services, a licence to use the Content and Manuscripts, which includes:
- the right to reproduce and the right to fix the Content and the Manuscript, in whole or in part, in any format, on any medium, in particular material, analogue or digital, on any product or packaging of any kind whatsoever and by any process, whether such media, products, packaging and processes are existing or future, foreseeable or unforeseeable;
- the right to represent and publicly exhibit the Content and the Manuscript, free of charge or for a fee, in any physical or intangible place, using any means of distribution, of any kind whatsoever, existing or future, foreseeable or unforeseeable;
- the right to use the reproductions and/or representations of the Content and the Manuscript made in accordance with the methods described above, for promotional purposes, or for communication purposes, whether commercial or not, or in an advertising context;
- the right to adapt, translate, modify, arrange, transform and correct the Content and the Manuscript, including but not limited to retouching, cropping, changing the format or colours of the Content and the Manuscript or modifying the presentation and formatting of the chapters of the Manuscript, in particular to take account of technical, material or commercial constraints or for any other reason, subject to respect for the Writer’s moral rights.
WEINK may use the Content and the Manuscript on the Platform or on any other medium to promote WEINK's activities.
The Writer guarantees that the Content and the Manuscript do not contain any element likely to infringe the rights of a third party, particularly in terms of counterfeiting, unfair competition or privacy and image rights, or likely to undermine public order or morality, and that this licence does not infringe the rights of third parties, whatever they may be. In the event of a challenge by a third party, WEINK reserves the right to implement the measures set out in the " Notification of illicit Content and withdrawal of Manuscript and Content”.
Consequently, the Writer guarantees WEINK against any action, claim, request or opposition from any person invoking an intellectual property right or an act of unfair competition and/or parasitism which may be infringed by this licence.
13 - Notification of illicit Content and withdrawal of Manuscript and Content
Each User may notify WEINK that Content or a Manuscript infringes the rights of a third party at the following email address: support@weink.app. The User making a notification must provide WEINK with a sufficiently detailed explanation of why the Content or Manuscript is illicit. Content is illegal if it infringes the rights of a third party or is contrary to these general terms and conditions.
The User must also provide WEINK with :
- a clear indication of the location of the illicit Content or Manuscript enabling the Content in question to be identified, for example by sending a URL link.
- the name and e-mail address of the person submitting the notification,
- a statement confirming that the User submitting the notification confirms that the information and allegations contained therein are accurate and complete.
WEINK will acknowledge receipt of this notification by any means and in particular by email.
The User who is the subject of a notification will be informed of any such claim. The User is informed that WEINK reserves the right to remove the Content/Manuscript or restrict access to the Content/Manuscript pending a decision on the notification. WEINK cannot be held liable in this respect.
In the event of repeated offenses or complaints or in the event of abusive notification, WEINK may terminate a User's Account if it is determined that the User is a repeat offender.
14 - Testimonials
The User may provide testimonies regarding their use of the Services.
Consequently, the User agrees that WEINK may:
- distribute testimonies free of charge on the Platform and on any other French or foreign websites, published by any companies with which WEINK has agreements, by any means and on any medium, for the purposes of promoting the Platform,
- translate testimonies into any language,
- modify testimonies (only to the technical constraints of the Platform (alterations or degradations in their quality).
15 - User’s obligations and liability
15.1 - Obligations common to all Users
15.1.1 - Concerning the provision of information
The User undertakes to provide WEINK with all the information required to subscribe to and use the Services.
15.1.2 - Concerning the User’s Account
Each User may only create one Account.
The User :
- guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
- acknowledges that this information is proof of their identity and is binding as soon as it is validated,
- is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using their login and password is deemed to have been made by the User.
The User must immediately contact WEINK using the contact details provided in article "Company information" if they find that their Account has been used without their knowledge. The User acknowledges that WEINK shall have the right to take all appropriate measures in such a case.
15.1.3 - Concerning the use of the Services
The User is responsible for their use of the Services and for any information they share in this context. The User agrees to use the Services personally and not to allow any third party to use them in their place or on their behalf.
The User undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:
- engage in any illegal or fraudulent activity,
- undermine public order and morality,
- infringe the rights of third parties in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- promote their services and/or websites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.
The User also refrains from:
- copying, modifying or misappropriating any element belonging to WEINK or any concepts it exploits within the framework of the Services,
- engaging in any behavior likely to interfere with or hijack WEINK’s computer systems or undermine its computer security measures,
- infringing WEINK’s financial, commercial or moral rights and interests,
- marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Platform or to any element belonging to WEINK.
15.1.4 - Concerning the Manuscript and the Content
Each User undertakes not to infringe the intellectual property rights of the Manuscripts and Content on the Platform. In particular, Users undertake to:
- Copying, redistributing, reproducing, recording, transferring, performing, or displaying the Content to any third party, broadcasting, or making available to the public any part of WEINK or the Content ;
- Reproducing the Content outside of WEINK, such as printing or saving the Content outside of WEINK ;
- Modifying, or creating derivative works of the Content and Manuscript, except to the extent permitted by applicable law;
- Selling, renting, sublicensing, or leasing any part of WEINK or the Content;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or WEINK (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
15.2 - Specific obligations of the Writer
The Writer is responsible for Content and Manuscript that they publish as part of the Services.
The Writer accepts that Content and Manuscript posted on the Platform is made public by default and may be viewed by other Users of the Platform.
Manuscript with stories with explicit sex scenes, self-harm themes, and graphic depictions of violence, including but not limited to sexual, verbal, emotional, and physical abuse, must be rated by the Writer 18+ on the Platform.
The Writer agrees not to distribute any Manuscript or Content (this list is not exhaustive):
- infringing public order and morality. If the Manuscript or Content is for people over 18, the Writer undertakes to insert the trigger warning (+18 years).
- infringing the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
- prejudicial to third parties in any way whatsoever,
- misleading, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
- harmful to the computer systems of third parties.
When using the Platform, the Writer is subject to tax and social security obligations. WEINK recommends that the Writer reads such obligations carefully.
The Writer is responsible for all formalities and payments arising from the use of the Services.
15.3 - Responsibility of the User
The User shall indemnify WEINK against any claim and/or action that may be brought against it as a result of the breach of any of the User’s obligations. The User shall indemnify WEINK for any loss suffered and reimburse WEINK for any sums it may have to bear as a result.
16 - WEINK’s obligations and liability
WEINK undertakes to provide the Services with diligence, it being specified that it is bound by a best-effort obligation.
WEINK undertakes to comply with all applicable regulations.
16.1 - Concerning the quality of the Services
WEINK uses its best effort to provide the User with quality Services.
To this end, WEINK carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article "Maintenance".
However, WEINK shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:
- circumstances external to its network (including but not limited to partial or total failure of the User’s servers),
- failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
- interruption of Services by telecom operators or Internet service providers,
- intervention by the User, including but not limited to incorrect configuration of the Services,
- force majeure.
WEINK is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.
Furthermore, WEINK does not guarantee that the Services, as they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults,
16.2 - Concerning the Platform service level guarantee
WEINK offers no guarantee of the Platform's level of service.
However, WEINK makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in article "Maintenance" or in the event of force majeure.
16.3 - Concerning the backup of data on the Platform
WEINK shall use its best efforts to safeguard all data entered on the Platform.
However, except in the case of proven negligence on the part of WEINK, it is not liable for any loss of data during maintenance operations.
16.4 - Concerning data storage and security
WEINK provides sufficient storage capacity for the operation of the Services.
WEINK makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
16.5 - Concerning the publication of Content
WEINK undertakes to keep the Manuscript confidential from the moment the Writer sends it to WEINK until it is published on the Platform.
WEINK acts as a hosting service provider for the Manuscript and more generally of any Content that the Writer publishes online. Consequently, it is not responsible for such Content and Manuscript.
If WEINK receives a notification concerning illicit Content, it will act promptly to remove it or render access to it impossible as described in article “and may take the measures described in article "Sanctions in the event of breach".
16.6 - Concerning advertising on the Platform
WEINK may publish and/or send to the User any advertising or promotional messages, in particular by referring the User to third-party platforms.
However, WEINK is not responsible for:
- technical availability and content, products and/or services of these platforms,
- the User’s relationships with these platforms.
16.7 - Concerning subcontracting and assignments
WEINK may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as WEINK. Nevertheless, WEINK remains solely responsible to the User for the proper performance of the Services.
WEINK may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the User.
17 - Limitation of WEINK’s liability
WEINK’s liability is limited solely to proven direct damages suffered by the User as a result of using the Services.
Only where the User is a Writer, i.e. a professional, WEINK limits its liability. With the exception of bodily injury, death and gross negligence, WEINK’s liability shall not exceed 5000 €.
18 - Admissible modes of proof
Proof may be established by any means.
The User is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and WEINK’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
19 - Personal data processing
To find out more about the processing carried out by WEINK, the User is invited to consult WEINK's privacy policy, which is available on the Platform.
20 - Force majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship as defined in article 1218 of the French Civil Code.
If one of the parties is prevented from fulfilling its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.
The prevented party nevertheless remains bound by the performance of obligations not affected by force majeure and by all payment obligations.
21 - End of Services
The User may unsubscribe from the Services, directly and free of charge, via the dedicated function via their Account.
Termination is effective immediately and all data related to the Account will be deleted within 15 days.
The User no longer has access to their Account once the Services have ended.
The User is hereby informed that it’s their responsibility to give or convert these Beans when they are a Writer before deleting their Account. All Beans will be deleted upon deletion of the Account, without it being possible to recover the Beans afterwards.
22 - Sanctions in the event of breach
The following are material obligations to the User (the "Material Obligations"):
- not to provide WEINK with incorrect or incomplete information,
- to comply with usual rules of politeness and courtesy in dealings with WEINK,
- not to use the Services for a third party,
- not to engage in any illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations. In particular, not to infringe the copyright of a third party.
In the event of a breach of any of these Material Obligations, WEINK may:
- suspend or terminate the User’s access to the Services,
- remove all Beans from User Account,
- delete all Content related to the breach,
- publish on the Platform any information message WEINK deems useful,
- notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
- take any legal action.
These sanctions are without prejudice to any damages that WEINK may claim from the User.
In the event of a breach of any obligation other obligations than a Material Obligation, each party may request the defaulting party by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.
Termination of Services entails deletion of the Account.
23 - Modification of Terms and Conditions
WEINK may modify its Terms and Conditions at any time and will inform the User by any written means (and in particular by email) at least 7 calendar day before they come into force.
Modified Terms and Conditions are applicable as soon as they come into force.
If the User does not accept these modifications, they must unsubscribe from the Services in accordance with article "End of Services".
If the User uses the Services after the entry into force of the modified Terms and Conditions, WEINK considers that the User has accepted them.
24 - Relationship between the Parties
It is expressly agreed that neither party may rely on these provisions to claim, in any way, the status of agent, representative or employee of the other party, nor bind the other party to third parties, beyond the Services provided for herein.
25 - Language
In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.
26 - Registration on the opposition list for telephone canvassing
In accordance with law n° 2014-344 of March 17, 2014, the Reader is informed that, as a consumer within the meaning of the French Consumer Code, they have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom they have no current contractual relationship.
27 - Mediation
In the event of a dispute between the Reader and WEINK, the Reader may have recourse free of charge to the following consumer mediator for an amicable settlement:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
If the Reader is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.
28 - Applicable law and jurisdiction
The Terms and Conditions are governed by French law.
Only for the Writer: In the event of a dispute between the Writer and WEINK, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.
