Lovys, a simplified joint-stock company (société par actions simplifiée) with share capital of €2,036.79, registered with the Bobigny Trade and Companies Register under number 832028021, whose registered office is at 5 rue Pleyel – 93200 Saint-Denis, France (“Lovys”), which operates the website www.lovys.com and the Lovys mobile app (together, the “Lovys Platform”), distributes home, dog and cat, phone, car, health and loan insurance products.
All Users (as defined below) are asked to read these General Terms of Use carefully before using the Services (as defined below) of the Lovys Platform.
“Account” means a User's digital profile created through the Lovys Platform and used for the purpose of taking out insurance products and/or services.
“General Terms of Use” or “GTU” means these general terms of use of the Lovys Platform, which govern the User's use of the Services of the Lovys Platform.
“Lovys Platform” means the website www.lovys.com and the Lovys mobile app.
“Services” means (i) information on the insurance products offered on the Lovys Platform, (ii) the provision of free quotes with a view to possibly taking out an insurance contract, (iii) taking out insurance products and/or services and (iv) the online management of any insurance product and/or service on the Lovys Platform.
“User” means any person using the Services.
Defined terms have the same meaning whether used in the singular or plural, or in the feminine or masculine.
Access to and/or use of the Lovys Platform and the Services offered on it requires unconditional and unreserved acceptance of, and compliance with, all of the terms of the GTU. The GTU are governed by French law.
The GTU constitute a contract between Lovys and the User. This contract is entered into for an indefinite period from the time the User starts using the Lovys Platform.
Lovys reserves the right to change the Lovys Platform and the GTU at any time, or to supplement the GTU with new contractual terms, in particular in the event of technical, legal or case-law developments or when new Services are provided. Users are therefore advised to consult the GTU regularly in order to refer to the version in force.
Lovys will not notify the User of changes to the GTU concerning the technical aspects of the Lovys Platform and the Services, provided that they result in neither a price increase nor a reduction in quality, and that the characteristics on which the User based their commitment were set out in the GTU.
For other changes to the GTU and the Services, Lovys will inform the User by any means. In this case, a User has thirty (30) days' notice in which to tell us that they disagree, after which they will be deemed to have tacitly accepted the terms. If the User does not wish to accept all or part of the GTU, they are asked to refrain from any use of the Lovys Platform and the Services.
To create an Account, the User must:
Creating an Account involves providing a username and choosing a personal, confidential password. After registering on the Lovys Platform, the User has a personal area for which the User alone is responsible. The User undertakes not to disclose their password to third parties and to take all necessary precautions to prevent third parties from accessing it. The User undertakes to notify Lovys without delay if their password is lost or misappropriated and to change their login details immediately (in such a situation, the User also authorises Lovys to take any appropriate measures, for example resetting the username and password or suspending access to the Account). Failing this, and unless proven otherwise, any login or transmission of instructions or data made using the password will be deemed to come from the User and will be their sole responsibility.
The Lovys Platform offers its Users a service for issuing and managing insurance contracts on a monthly subscription basis.
Insurance products and services can only be taken out on the Lovys Platform after entering into an insurance contract concluded remotely and signed digitally, the documentation for which is available in the personal profile created by the User on the Lovys Platform.
The GTU are therefore supplemented by the terms of the documents making up the insurance contract(s) taken out by each User on the Lovys Platform.
The Lovys Platform is available from any location provided that minimum technical conditions are met, in particular in terms of access to the mobile phone network and the Internet, and the technical compatibility of the equipment used to access it.
Lovys credits are a promotional or loyalty-programme digital currency that can be used as a discount on eligible insurance payments with Lovys. Credits are non-transferable, cannot be exchanged for cash and cannot be resold.
Lovys credits are valid for a limited period, specified when they are issued. When taking out an insurance contract, Lovys credits can only be used for contracts taken out with monthly payment. They can under no circumstances be used when taking out a contract with annual payment.
The amount of credits that can be applied per payment may be subject to restrictions in accordance with Lovys policies. Lovys reserves the right to modify or withdraw the credits programme at any time without notice. Any misuse or fraud relating to credits may result in their cancellation.
Referral rules: Where the same person is invited to join Lovys by several customers, only the invited friend or relative and the first customer to have sent the referral are eligible to receive the associated credits, provided that the invited person actually takes out a Lovys insurance policy. To receive a reward, your friends and family must therefore take out a Lovys insurance policy. Rewards cannot be used to pay for a first subscription.
When a user pays a premium or any other amount due via a secure payment link provided by Lovys, the payment is processed by our payment service provider. The payment method used to make the transaction may be securely transmitted to Lovys by this provider and stored by Lovys to facilitate future payments relating to the user's contracts or services.
If the user does not already have a saved default payment method, the payment method used for this transaction may be set as the default payment method to allow future premiums to be paid automatically.
If the user already has a default payment method, the payment method used via the secure link will only be saved and will not replace the existing default payment method.
The user can add a new payment method at any time from their client space.
Lovys is bound towards the User only by an obligation of means (best-efforts obligation) and provides no warranty, express or implied, including any warranty of quality or fitness for a particular purpose of the Services provided to the User (without prejudice to Lovys's obligations in its capacity as an insurance broker).
The Lovys Platform and all the elements that make it up (for example, site structure, trademarks, domain names, text, images, graphics, sounds, data, software, etc.) are the exclusive property of Lovys or are used by Lovys with the permission of the rights holder, and are subject to the applicable French and international legislation. In particular, they are protected by copyright and trademark law.
The User undertakes not to infringe any of these intellectual property rights and not to use any element of the Lovys Platform without the prior written permission of Lovys. The Lovys Platform and all the elements that make it up are also protected by the contractual commitments set out in the GTU.
In particular, the User undertakes not to reproduce, modify, alter, distribute, transmit, give away, rent, sell or generally exploit all or part of the Lovys Platform, by any process and on any medium whatsoever, without the prior written permission of Lovys. The following are specifically prohibited: (i) any text or data mining activity, (ii) the use of a bot, data scraper or any other tool enabling all or part of the content of the Lovys Platform to be extracted automatically and (iii) the substantial extraction of all or part of the content of the Lovys Platform.
By uploading content to the Lovys Platform, the User automatically grants Lovys a licence to use that content for the purposes of managing the Lovys Platform, worldwide and for the period necessary to manage their account.
The User declares that the copyright thus granted does not infringe the rights of third parties and is not subject to any claim.
Finally, the User indemnifies Lovys against any claim of any kind whatsoever that may arise in respect of the ownership of the rights granted, whether in respect of intellectual property rights, image rights, unfair competition or free-riding (parasitisme), and undertakes to reimburse Lovys for any sums it may be ordered to pay on that basis.
Lovys makes every effort to ensure the proper functioning of the Lovys Platform and the Services, within the limits of liability set out in the GTU.
Lovys uses all the means at its disposal to ensure high-quality access to the Lovys Platform, which is in principle accessible 24 hours a day, 7 days a week. As this is an obligation of means, Lovys cannot guarantee this result. Accordingly, Lovys accepts no liability, without this list being exhaustive, in the event of interruption of the Lovys Platform (for example following maintenance operations or due to technical problems), in the event of computer viruses and, more generally, in the event of direct or indirect damage of any kind caused to the User as a result of accessing or using the Lovys Platform (including in the event of unlawful use following identity theft).
Lovys cannot provide any guarantee, express or implied, as to the accuracy of the information it publishes on the Lovys Platform. Consequently, Lovys cannot be held liable for any direct or indirect damage resulting from any errors, inaccuracies or omissions in the information contained on the Lovys Platform.
Lovys cannot be held liable or considered to be in breach of the GTU due to any delay or non-performance where the cause of the delay or non-performance is related to an event of force majeure as defined by the case law of the French courts. Force majeure includes, in particular, the interruption, suspension or reduction of electronic communications networks, or events beyond Lovys's control.
The Lovys Platform is used under the sole and entire responsibility of the User. The User is solely responsible for the information they communicate via the Lovys Platform. In the event of abnormal use or unlawful exploitation of the Lovys Platform, the User is solely liable for any damage caused to third parties and for the consequences of any claims or actions that may result.
The User also waives any recourse against Lovys in the event of proceedings brought against them by a third party as a result of the unlawful use and/or exploitation of the Lovys Platform.
Generally, the User undertakes to comply with all regulations in force in France.
The User undertakes not to use the Lovys Platform to (i) publish, transmit, share, store or otherwise make available any content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorised, abusive, insulting, malicious, fraudulent, invasive of privacy or image rights, inciting violence or racial or ethnic hatred, or otherwise objectionable, (ii) create multiple Accounts or impersonate a third party, (iii) transmit any material containing computer viruses or any computer code, file or program designed to interrupt, destroy or limit the functionality of any software, computer equipment or electronic communications, or (iv) publish, transmit, share, store or otherwise make available any unlawful content or content that undermines public order.
The User is solely responsible for the content they add to the Lovys Platform, in particular any content that may be offensive or illegal or likely to infringe the rights of third parties.
It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.
For any difficulty or complaint, the User can contact Lovys at the following email address: contact@lovys.com
By using the Lovys Platform, the User acknowledges having read the privacy policy available at the following link: https://lovys.com/fr/en/confidentiality-policy. The privacy policy also includes the Lovys Platform's Cookie Policy.
The User has the right to consult, free of charge, their data hosted on the Lovys Platform and any other information concerning them.
In addition to the GTU, the User undertakes to comply with the general terms of service of the platforms providing access to the Lovys Platform in the form of a mobile app (for example, the Apple App Store (for iOS devices) and the Google Play Store (for Android devices)) and of the third-party tools used by the Lovys Platform (for example, Stripe or Adyen, for online payments).
The User's use of these third-party platforms and tools involves the collection and processing of personal data for which Lovys cannot be considered the data controller as defined by the amended French Data Protection Act no. 78-17 of 6 January 1978 (loi Informatique et Libertés). See https://lovys.com/fr/en/confidentiality-policy.
By using the Lovys Platform, the User declares that they have read the general terms of service of the platforms providing access to the Lovys Platform and of the third-party tools used by the Lovys Platform (available on their websites) and that they consent to these general terms.
Lovys points out that the use of hyperlinks may lead the User to other websites or apps independent of the Lovys Platform, for which Lovys can under no circumstances be held liable.
Likewise, the insertion of hyperlinks to all or part of the Lovys Platform is authorised, on a non-exclusive basis and revocable at any time, without Lovys having to provide any justification, provided that such a link does not give the Lovys Platform a misleading, false or derogatory character or one that may harm it. Under this authorisation, Lovys reserves the right to object.
Lovys cannot be held liable for any direct, indirect or incidental damage resulting from accessing or using information from third-party sites.
A complaint is a statement by which the User expresses their dissatisfaction to Lovys. It relates to the performance of the service of issuing and managing insurance contracts on a monthly subscription basis.
Lovys does everything it can to offer the User a high-quality service.
Despite its vigilance, difficulties may arise. If the User wishes to express their dissatisfaction and make a complaint to Lovys, they can:
Their request will then be reviewed by the Lovys team responsible for handling complaints.
If any part of the GTU should prove to be null and void, invalid or unenforceable for any reason whatsoever, the term or terms in question will be deemed not to exist and the remaining terms will remain in full force and effect. The terms deemed not to exist will then be replaced by the terms closest to the content and meaning of the cancelled clause.
The official language of the GTU is French. In the event of any difference, inconsistency or conflict between this version and any translated version, the French version will prevail. The GTU are governed exclusively by French law. Any dispute arising from the use of the Lovys Platform will be submitted to the competent Courts of Paris.
