Use of the Kazaplan 3D-plan tool, available on the website: www.kazaplan.com (hereinafter referred to as the "Tool") is subject to the acceptance of, and compliance with, these General Terms & Conditions of Use.
Article 1. Purpose & Scope
These General Terms & Conditions of Use define the conditions under which Users may access and use the online Kazaplan 3D-plan tool (hereinafter “the Tool”) via a Kazaplan or partner personal account.
By using the Kazaplan 3D-plan tool, Users automatically acknowledge that they have carefully read and unreservedly accepted these Terms & Conditions of Use, and undertake to abide by the terms thereof.
These Terms & Conditions of Use are subject to change without notice, notably owing to technical requirements and developments. Any changes shall immediately take effect from the date of publication thereof online.
Article 2. Definitions
The Kazaplan database, which is owned by Idilink, is, in accordance with the definition of Article L112-3 of the French Intellectual Property Code, an independent collection of works, data or other materials which can be individually accessed by electronic means.
General Terms & Conditions of Use:
Refers to this document which constitutes a contract between the User and Idilink, that is the web hosting company that hosts the plans posted on kazaplan.com.
Refers to all Users of the Site collectively
Refers to the User’s personal space created and managed via a personal login and password, which enables the User to access and use the Kazaplan 3D-plan tool. A Personal Account can be either a Kazaplan Personal Account if it is set up via the Internet site www.kazaplan.com, or a Partner Personal account if it is created via a Partner Site.
Refers to the company Idilink, a limited liability company with a stock capital of 40,000 EUR, headquartered rue Sadi Carno, Ronchin, France, and registered with the French companies register of Lille Metropolitan Area under the number B 509.633.715.
Refers to the 3D-plan tool published by Idilink, which can be accessed via the Website www.kazaplan.com.
Refers to the 3D-plan solution governed by these Terms & Conditions, created and developed by the company Wanadev, which is the legal owner, and which is made available to Users - via the site www.kazaplan.com or via Partner Sites - by the company Idilink, licenced by Wanadev.
Refers to Idilink’s partners which offer the Tool on their own websites (“Partner sites”).
Refers to websites managed by Idilink’s Partners, via which the User registered and created a Personal Account in order to be able to access and use the Tool.
Refers to the Internet user who logs on to the site www.kazaplan.com (and who, in doing so, becomes a “Member of the Kazaplan community” upon registration) or on to a Partner Website and who agrees to these Terms & Conditions so as be able to use the Tool.
Article 3. Important:
The provision of the Tool is currently at the experimental stage. Consequently, the User hereby acknowledges and accepts that features of the Tool are likely to change during the use thereof. The possibility is not excluded that even after the User has accepted these General Terms & Conditions of Use, Idilink may unilaterally decide no longer to make the Tool available to Users, without the latter being entitled to make any claim against Idilink on this basis.
Article 4. Overview of the Tool
The Tool integrates both architectural and interior design software, which allows Users to create their virtual house, notably to:
- design and draw the 2D plan of the inside of the house, with the possibility of placing and moving walls and partitions, adding floors, doors and windows;
- model the inside of the house in 3D, adding objects selected from among the range of furniture and accessories proposed in the Kazaplan catalogue and by partners;
- create their own furniture in 3D using the furniture developer;
- have a broad selection of wall paint and coverings, to change all the decor of their virtual house, from the floor to the ceiling,
- store their plans online for free on the site kazaplan.com
- access their own plans from any computer via their Kazaplan account on www.kazaplan.com or from one of the Partner Sites
- share their plans, as well as experiences using the tool, with other users who are members of the Kazaplan Community on the Kazaplan site.
Idilink is responsible for hosting the plans, collecting and processing Users’ personal data for itself and on behalf of its Partners for the purposes of managing Partner Personal Accounts.
4.2. Use of plans created using the Tool
Users with a Kazaplan or Partner Personal Account can save the plan(s) they create online using the Tool, provided they have followed the procedure described in Article 6 below.
Once a plan has been saved, users can - at any time - reopen that plan, add to it, modify it or use any of the tool’s features by logging on to their personal account, either on Kazaplan or on their selected partner site.
Users grant a free, non-exclusive, transferable and worldwide license to Idilink to publish any plans created using the tool on Kazaplan or Partner Sites; this license is valid from the date of registration of the User until the deletion of the User’s personal account.
Article 5. Technical prerequisites
Use of the Tool does not require the User to download any software beforehand.
In any event, Idilink is not responsible for any incompatibility issues between the Tool and the User’s computer equipment. Such issues must exclusively be dealt with by the User.
The Tool can be used anywhere provided that the minimum technical conditions are met, particularly those relating to access to a mobile telephone network or Internet network and those conditions relating to the technical compatibility of the computer equipment used.
Under no circumstances shall Idilink be held responsible for difficulties experienced in accessing the tool due to technical reasons.
Article 6. Registration procedure and conditions for using the Tool
In order to access the Tool and to use the features thereof, Users must register on Kazaplan or on the Partner Site of their choice, which requires a login and a password to be provided.
To register, Users must first:
- either already have a Kazaplan or Partner personal account;
- or create a personal account, by entering a valid email address and choosing a login name and Password, on Kazaplan or on Partner Site.
Once the Account has been created, the User needs to click on “Register” and carefully fill in the necessary form, including all the relevant identification details (required fields), namely: full name, email address, country of residence, login name, and chosen password.
Registration is free.
Once registered, Users can freely consult their plans saved on Kazaplan, as well as their personal information. Users can work on their own plans or on pre-designed plans, provided they are logged in to their Personal Account on Kazaplan or on a Partner Site.
Users are responsible for ensuring the protection of their Kazaplan login and password, as well as for any acts carried out using their personal account.
Users should therefore take all the necessary precautions to ensure this protection. Users are asked to use secure passwords (i.e. “strong” passwords containing a combination of upper-case/lower-case letters, numbers and symbols). Idilink shall not be held responsible for any loss or damage resulting from a failure on the part of any User to comply with the foregoing requirements.
Users undertake, upon registration and while using the Tool, to provide personal information that is accurate and up-to-date.
All passwords chosen by Users are, and should remain, personal and confidential. Users are solely responsible for their password and undertake not to reveal it to any third party, and to take all the necessary precautions to prevent a third party from accessing their account.
Users agree to immediately notify Idilink if ever their password should be lost or stolen.
Failing this, and unless proof is provided to the contrary, any connection or transmission of data made using a User’s password shall be considered to originate from that User, and the latter shall be solely responsible therefor.
To be considered valid, any claims/complaints must be made to Idilink via the contact form on the Contact page.
Article 7. Data protection and freedom
Upon registration, Users have to provide a certain amount of personal data for identification purposes, or quite simply to ensure that no one else can access their account.
Idilink is equipped with secure technology designed to facilitate the management of the registration process and the personal accounts of users. To this end, Idilink creates a computerized file containing the personal data of all Users registered via Kazaplan or via a Partner Site.
The information collected and recorded is exclusively used for this purpose, and is only shared with partners with a view to managing partner personal accounts.
Users’ personal data is therefore exclusively processed by Idilink with a view to managing the use of the Tool, for itself and on behalf of its partners.
On an exceptional basis, this data may also be used for commercial prospection purposes provided that a user has expressly agreed thereto by ticking the corresponding box during registration.
Prior to the signing of this document, Idilink and its Partners made the necessary User-file related declarations with the French Commission for Data Protection and Liberties, as well as with all other relevant national authorities.
In accordance with articles 39 et seq of Law n° 78-17 of 6 January 1978 (amended in 2004) relating to data processing, files and freedom, any User has a right to access, and to rectify, block or delete any personal information by contacting [contact Idilink].
In accordance with Article 6, 5° of Law n° 78-17 of 6 January 1978, personal data are only kept in a form which allows the identification of data subjects for as long as necessary with respect to the purpose for which those data were collected and processed.
Users’ personal data can only be accessed by authorised personnel.
On any forms intended to collect personal data, Users are informed of the identity of the person responsible for processing their data, of their rights concerning their personal date, of the intended recipients of the processed data and are notified whether the providing of such data is mandatory or optional.
Article 8. Intellectual property/copyright
8.1. Use of rights
The Tool made available on Kazaplan or on Partner Sites was designed and developed by the company Wanadev, which owns all the intellectual property rights to the Tool.
Idilink has acquired the right to use the tool from Wanadev, thereby giving Users the possibility to make use of the Tool on the site Kazaplan.com or on Partner Sites.
The Tool must only be used subject to these Terms & Conditions of Use.
The Tool is provided by Idilink on a purely cost-free basis and for an exclusively private use.
Any use that is not expressly authorised in these General terms & Conditions shall be considered prohibited, and any User found using the Tool for any such purpose may be prosecuted by Idilink or by any interested third party.
The use of Kazaplan does not grant the User ownership of the intellectual property rights to any programme, service, graphics, logo, creation, technology, brand, or other item or feature related to the Tool.
8.2. Non-infringement guarantee
Users of the Tool undertake to abide by all relevant intellectual property and copyright laws.
Any whole or partial modification, representation or reproduction either of the Tool or part thereof, in any form or by any means, is prohibited without the prior express authorisation of Idilink.
The liability of Idilink cannot be incurred by the User in the event of any claim made by the Company Wanadev or by a third party for breach of intellectual property rights committed by a User of the Tool.
Article 9. User rights and responsibility
The Kazaplan 3D-plan Tool is used under the full and sole responsibility of the User.
Users are solely responsible for any information they provide in relation with the Kazaplan 3D-plan Tool.
In the event of abnormal, abusive or illegal use of the Kazaplan 3D-plan Tool, Users are solely responsible for any damage or loss caused to third parties and for the consequences of any subsequent legal claims or proceedings.
Users also waive the right to pursue any legal action against Idilink in case of legal prosecution by a third party initiated against the former due to abnormal, abusive or illegal use of the Kazaplan 3D-plan Tool by a User.
Users undertake not to use the Kazaplan 3D-plan Tool to:
- publish, transmit, share, store or make available in any other manner, any content that is contrary to public order, prejudicial, harmful, threatening, illegal, defamatory, prohibited, abusive, malicious, vulgar, obscene, fraudulent, invasive of privacy or image rights, hateful, intended to incite violence, racial or ethnic hatred, or which is otherwise reprehensible;
- create multiple accounts, or to steal the identity of a third party;
- transmit any data containing computer viruses, or any code, file or computer program designed to prevent, destroy or limit the functionality of the software, computer equipment or electronic communications;
- publish, transmit, share, store or make available in any other manner, any content that may constitute or encourage an act that is punishable under criminal law, or provide instructions on how to perpetrate such an act, or any other act that may infringe the rights of a third party or which is likely to incur the liability of a third-party or to contravene local, national or international law.
Users are solely responsible for the content they add to the Kazaplan 3D-plan tool, especially any content that may be offensive or illegal or likely to infringe the rights of a third party.
Article 10. Responsibility of Idilink
10.1. Access to, and functioning of, the Tool
Idilink shall make every effort to ensure the proper performance of Kazaplan and its related services, within and subject to the limits of its responsibility defined herein.
With regard to Users, Idilink undertakes to use all reasonable means to ensure the proper performance of Kazaplan, but does not provide any guarantees whatsoever in this respect, either express or implied, including any guarantee with regard to the quality or the suitability for a particular use of the services provided to Users.
Access to Kazaplan:
Kazaplan is in theory accessible 24/7; however, Idilink declines any responsibility should the service not be available in the event of any of the following, (please note that this list is not exhaustive):
- in the event of interruption of Kazaplan owing to technical maintenance operations or information updates;
- in the event of a temporary inability to access Kazaplan (and/or) related websites or applications owing to technical problems irrespective of the cause or origin
- in the event of unavailability or saturation or any other cause that prevents the mobile phone network used to access Kazaplan from functioning correctly
- in the event of infection by computer viruses present on the network
- more generally speaking, in the event of direct or indirect damage of any kind caused to Users, resulting from access to, or use of Kazaplan (and/or of related sites or applications)
- in the event of abnormal or illegal use of Kazaplan
- in the event of loss of a User’s login and/or password or in the event of identity theft
10.2. Content placed on Kazaplan by Users
Idilink is not responsible for the creation of any content placed on Kazaplan by Users, which is published online under the sole responsibility of the latter.
As Idilink does not a priori moderate the content placed on Kazaplan by Users, Idilink cannot be held responsible for any content that may be illegal, contrary to the standards of public decency or to the public order of the country concerned or which constitutes an infringement of the rights of others, in particular copyright or personal data protection rights.
Idilink cannot be held responsible for any exchanges between Users and other members of Kazaplan on Kazaplan.
Idilink cannot be held responsible for any content displayed on Kazaplan or sent using Kazaplan by a third party.
Thus, having regard to the legal classification defined by article 6 of the Law n°2004-575 on Confidence in the Digital Economy (LCEN) of 21 June, 2004, Idilink is classified as a hosting company for the content placed on Kazaplan by Users.
Idilink is therefore a priori not responsible for the content placed by Users, and does not need to fulfil any obligation to monitor the said content.
10.3. Public content on kazaplan.com
Despite the greatest care taken in creating and updating Kazaplan, Idilink cannot make any guarantees, either express or tacit, concerning the information published on Kazaplan, of which it itself is the author.
Consequently, Idilink cannot be held responsible for any loss, either direct or indirect, resulting from any errors, inaccuracies or omissions contained in the information published on Kazaplan.
10.4. Plans created using the Tool and content
Idilink cannot be held responsible for the plans produced using the Tool by a User. Idilink shall accept no responsibility in the event of claims or disputes initiated by a third party or by another User in connection with plans, with a User’s Personal account or with any other aspect relating to the Tool.
Idilink cannot be held responsible for the content displayed on partner Sites that offer the Tool, for the access thereto (or lack thereof) or for the functioning of those sites.
10.5. Force majeure
Idilink cannot be held responsible, or considered to have defaulted in the performance of these General terms & Conditions of Use, for any delay in or failure to perform an obligation if the cause of that delay or failure is related to a case of force majeure as defined by French jurisprudence, including the interruption, suspension, and reduction of, or disturbances with, electricity supply, or if it is related to interruptions of electronic communication networks or to events beyond the control of Idilink.
It is hereby noted that the use of hypertexts can lead Users to third-party Websites or applications, which are independent of Kazaplan.
The liability of Idilink shall under no circumstances be incurred with respect to hypertext links used on the Kazaplan site and which direct Users to other sites or applications.
It is Users’ own responsibility to make sure the hypertext links displayed on the sites they visit are safe.
Similarly, the insertion of hypertext links to the whole or part of Kazaplan is permitted, on a purely nonexclusive and permanently revocable basis, without Idilink having to provide any justification in case of revocation, and provided that the link is not of a deceitful, false, pejorative or in any other way harmful nature.
Idilink reserves the right to oppose the insertion of links to its site.
10.7. Changes to these Terms & Conditions of Use
Idilink reserves the right to modify the terms, conditions and provisions of this document, in particular in the event of technical, legal or jurisprudential changes or when new services are offered.
Users are therefore advised to regularly consult the latest version of these General Terms & Conditions of Use available on Kazaplan.
The mere use of Kazaplan by a User after a modification has been made to these Terms & Conditions of Use is tantamount to the acceptance of the amended Terms & Conditions by that User.
Article 11. Severability
If any part of these general Terms & Conditions of Use should prove to be null, invalid or inapplicable for any reason whatsoever, the term or terms in question shall be declared non-existent, while the remaining terms shall retain their full force, effect and scope and shall continue to be applicable. The terms declared non-existent shall then be replaced by those terms that are closest in content and meaning to the voided clause.
Article 12. Applicable law and assignment of jurisdiction
These General Terms & Conditions of Use are exclusively subject to French law.
Any dispute, including pre-trial, which may arise from the use of Kazaplan shall be submitted to the competent Courts of Lille, even in the case of a plurality of defendants or of the introduction of third parties.