Terms & Conditions
Table of Contents
- Use of the services
- Intellectual property
- Responsability of Lovys
- Rights and responsabilities of the User
- Hypertext links
- Final provision
Lovys, a French société par actions simplifiée (simplified joint stock company) with a share capital of 2,036.79 euros registered with the registry of trade and companies of Bobigny under number 832028021, having its registered office located at 12 rue Anselme, 93400 Saint-Ouen-sur-Seine (France) (“Lovys“), operating the website www.lovys.com and the mobile application Lovys (together, the “Lovys Platform”), is in the business of the distribution of insurance products.
“Account” means the digital profile of a User created through the Lovys Platform and used for the purpose of subscribing to insurance contracts and/or services.
“Lovys Platform” means the website www.lovys.com and the Lovys mobile application.
“Services” means (i) the information relating to the insurance products offered on the Lovys Platform, (ii) the provision of free quotes for the possible subscription of an insurance contract, (iii) the subscription of insurance contracts and/or services and (iv) the online management of any insurance contract and/or service on the Lovys Platform
“User” means any person using the Services.
The defined terms shall have the same meaning whether used in the singular or plural, feminine or masculine.
3. Use of the Services
Conditions for registration
To create an Account, the User must:
- be resident in France for tax purposes;
- be of legal age and legally capable;
- have a personal mobile phone to complete the registration on the Lovys Platform; and
- have an internet connection with sufficient data transmission speed.
The creation of an Account involves the provision of a login and the choice of a personal and confidential password. After registration on the Lovys Platform, the User has a personal space for which the User is solely responsible. He/she undertakes not to disclose his/her password to third parties and to take all necessary precautions to prevent third parties from gaining access to it. The User agrees to notify Lovys without delay in the case of loss or misuse of his/her password and to immediately modify his/her connection identifiers (in such a situation, the User also authorises Lovys to take all appropriate measures: for example, resetting the identifier and password or suspending access to the Account). Failing this, and unless proven otherwise, any connection or transmission of orders or data made by means of the password will be deemed to have originated from the User and will be subject to his/her exclusive responsibility.
Objective of the Lovys Platform
The Lovys Platform offers its Users a service of issuing and managing insurance contracts by monthly subscription.
The subscription to insurance contracts and services on the Lovys Platform is only possible after the conclusion of an insurance contract subscribed remotely, signed digitally and for which the documentation is accessible in the personal profile created by the User on the Lovys Platform.
Availability of the Service
The Lovys Platform is available in any location as long as the minimum technical conditions are met, in particular in terms of access to the a mobile phone network, an internet network and the technical compatibility of the equipment used to access it.
Lovys is only bound to the User by an obligation of means and does not provide any express or implicit guarantee, including any guarantee of quality and suitability for a particular use of the Services provided to the User (without prejudice to the obligations of Lovys in its capacity as an insurance broker).
5. Intellectual Property
The Lovys Platform and all of its components (for example, tree structure, trademarks, domain names, texts, images, graphics, sounds, data, software, etc.) are the exclusive property of Lovys or are used by Lovys with the authorisation of the person who holds the rights, and are subject to French and international legislation applicable in this regard. In particular, they are protected by copyright and trademark law.
The User agrees in particular not to reproduce, modify, alter, distribute, transmit, give, rent, sell and generally exploit all or part of the Lovys Platform, by any process and on any medium whatsoever, without the prior written authorisation of Lovys. In particular, the following are prohibited: (i) any text or data mining activity, (ii) the use of a robot or a data extractor or any other tool allowing automated extraction of all or part of the content of the Lovys Platform and (iii) the substantial extraction of all or part of the content of the Lovys Platform.
By putting content online on the Lovys Platform, the User automatically grants Lovys a license to use this content for the needs of the management of the Lovys Platform for the whole world and for the duration necessary for the management of his/her Account.
The User declares that the copyrights thus granted do not infringe the rights of third parties and are not subject to any claim.
Finally, the User undertakes to reimburse Lovys for any sums it may be ordered to pay in relation to any claim of any nature whatsoever that may arise in relation to the ownership of the rights granted, whether with regard to intellectual property rights, image rights or unfair competition or parasitism.
6. Responsibility of Lovys
Access to the Lovys Platform
Lovys makes every effort to ensure 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 commit to achieving this result. Thus, Lovys declines all responsibility, without this list being limitative, in the event of interruption of the Lovys Platform (for example as a result of maintenance operations or due to technical problems), in the case of computer viruses and more generally in the case of direct or indirect damage caused to the User, regardless of its nature, resulting from access or use of the Lovys Platform (including in the case of illicit use resulting from identity theft).
Public content of the Lovys Platform
Lovys cannot provide any express or implied guarantee concerning the accuracy of the information presented on the Lovys Platform of which it is the author. Consequently, Lovys cannot be held responsible for any direct or indirect damage resulting from any errors, inaccuracies or omissions in the information contained on the Lovys Platform.
7. Rights and responsibilities of the User
The use of the Lovys Platform is subject to the sole and entire responsibility of the User. The User is solely responsible for the information he/she communicates from the Lovys Platform. In the event of abnormal use or illicit operation of the Lovys Platform, the User is solely responsible for the harm caused to third parties and the consequences of claims or actions which may result from this.
The User also waives any recourse against Lovys in the case of legal proceedings brought by a third party against him/her due to the use and/or illicit exploitation of the Lovys Platform.
The User undertakes, in general, to comply with all regulations in force in France.
The User agrees 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, unauthorized, abusive, offensive, malicious, fraudulent, invasive of privacy or image rights, inciting violence, racial or ethnic hatred, or that is otherwise objectionable (ii) create multiple Accounts or impersonate any third party, (iii) transmit any material that contains computer viruses or any code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or electronic communications, and (iv) post, transmit, share, store or otherwise make available any unlawful content or content that violates public order.
The User is solely responsible for the content that he/she places on the Lovys Platform, in particular any content that may be offensive or illegal or likely to infringe the rights of third parties.
Access and security
It is the responsibility of each User to take all appropriate measures to protect his/her own data and/or software stored on his/her mobile equipment and/or computer device against any attack.
For any difficulty or claim, the User can contact Lovys at the following e-mail address: email@example.com
User’s personal data
The User has the right to consult, free of charge, his/her data hosted on the Lovys Platform and any other information concerning him/her.
The use of these third-party platforms and tools by the User results in the collection and processing of personal data for which Lovys cannot be considered to be the data controller, as defined by the Law No. 78-17 of 6 January 1978, as amended, concerning computer technology, files and civil liberties. See https://www.lovys.com/fr/politique-de-confidentialite.
By using the Lovys Platform, the User declares that he/she has read the general terms of service of the platforms allowing access to the Lovys Platform and of the third-party tools used by the Lovys Platform (available on their websites) and consents to these general terms.
9. Hypertext links
Lovys specifies that the use of hypertext links can lead the User to other websites or applications independent of the Lovys Platform, for which Lovys cannot in any event be held responsible.
Similarly, the insertion of hypertext links to all or part of the Lovys Platform is authorised, on a non-exclusive basis that may be revoked at any time, without Lovys having to provide any justification and provided that such links do not create a misleading, false, pejorative or prejudicial character with regard to the Lovys Platform. Lovys reserves the right to object to this authorisation.
Lovys cannot be held responsible for any direct, indirect or incidental damage resulting from accessing or using information from third-party sites.
What is a complaint?
A complaint is a declaration by which the User informs Lovys of his dissatisfaction. It concerns the execution of Lovys’ mission of issuing and managing insurance contracts by monthly subscription.
How to send a complaint to Lovys?
Lovys makes every effort to offer a quality service to the User.
Despite its vigilance, difficulties may arise. If the User wishes to express his dissatisfaction and address a complaint to Lovys, he can:
- write to the following address: Lovys – Service des réclamations, 12 rue Anselme, 93400 Saint-Ouen-sur-Seine; or
- send an e-mail to the following address: firstname.lastname@example.org.
His/her request will then be examined by the Lovys team in charge of processing complaints.
How is a complaint handled?
- All complaints are carefully studied by Lovys services.
- Lovys acknowledges receipt of the user’s complaint within a maximum of ten working days from the date it is sent unless a response can be provided within this period.
- A response, positive or negative, will be given to the User within two months from the sending of the first written manifestation of his dissatisfaction.
- Any complaint, its treatment, and the answer given is recorded by the services of Lovys.
- If the User is not satisfied with the answer given, or if no answer has been sent to him within the agreed time limit, the User has the possibility to refer the matter to the Mediation of Insurance. The Mediation may be referred to, in any case, two months after the first written complaint was sent, regardless of the person or department to which it was sent.
Referral to the Mediation officer is free of charge. It can be done in the following ways: by post: La Médiation de l’Assurance – TSA 50 110 – 75441 Paris Cedex 09; or by filling in the online form on his website: www.mediation-assurance.org.
- In the event of a definitive disagreement, users have the possibility to bring the matter before the competent courts in France.
11. Final provisions