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Terms and Conditions of Use
GENERAL TERMS AND CONDITIONS OF USE OF DIGIPOSTE
Revised version dated 3 October 2017
Digiposte is a service provided by La Poste whereby a private person may store, secure, centralize, file, archive and access any Content in a single space, at any time, and share it with third parties or use it in the context of administrative or personal procedures.
Digiposte can be accessed via a web interface using a browser but also from mobile apps and tablets. The features and pricing may vary depending on the medium used (browser or Application).
Terms that start with a capital letter are defined in article 1 “Definitions”.
Subscriber: any natural person with full legal capacity who has opened a Digiposte Account.
Application : Application published by La Poste, downloadable via a smartphone or tablet allowing the Subscriber to access all or part of Digiposte services
Certificate of Authenticity : for documents identified by the letter “C”, Digiposte allows users to download the corresponding certificate certifying the authenticity of the information relating to the Document, attests that the Document has been issued by a recognized body, and guarantees that it has not been altered during its storage with Digiposte.
Certificate of Approved Health Data Hosting : for documents identified by the letter “S”, Digiposte allows users to download a certificate certifying that health Documents are hosted in accordance with the regulations relating to the hosting of health data.
TCU : these general terms and conditions of use of Services (including all documents expressly included by reference in these general terms and conditions), any special conditions issued by La Poste and any amendments thereto.
Code 2D-Doc : barcode designed according to the standards of the Agence Nationale des Titres Sécurisés (ANTS or National Agency for Secured Documents) inserted in a document and which contains the key information on the document, the document issue date or Code 2D-Doc and the electronic signature of the key information in numerical format.
Safe : the space where Subscribers can securely archive Content and/or receive documents from a Sender or a third party.
Collector : the document collection service performed in Subscribers’ names and on their behalf on the websites of bodies they have designated from those offered by Digiposte.
Digiposte Account or Account : the Subscriber’s personal account.
Contents : all the documents (including Documents) and information saved or received by Subscribers on their Account, irrespective of format (e-mail, audio, video, image, photographs, the Digiposte Pass and Digiposte Plus Applications, text, sound, data, software, databases and/or other information).
Paperless Agreement : the agreement signed between a Subscriber and Sender so that the Subscriber can receive Documents.
Effective Sign-up Date : the date the Account is activated by the Subscriber. Activation is triggered by clicking the activation link in the activation e-mail sent by La Poste to the e-mail address given during sign-up. The subscription is effective from the Effective Sign-up Date.
Digiposte Pass : Application published by La Poste, downloadable via a smartphone or tablet allowing the Subscriber to access all documents stored in Digiposte and to use them in mobile mode in everyday life, particularly for the purpose of undertaking administrative and / or personal procedures.
Digiposte Plus : Application published by La Poste, downloadable via a smartphone or tablet allowing the Subscriber to access Digiposte Services and offering additional features specific to Digiposte Plus.
Document(s) : the electronic document(s), bearing a Certificate of Authenticity, provided by the Sender and intended for the Subscriber.
Health Data : Content within the field of data described as “sensitive” in terms of the regulations on the protection of personal data. The processing of Health Data and its hosting is strictly regulated by legal and regulatory provisions, particularly the French Data Protection Law, the Code of Public Health and the Social Security Code.
Digiposte E-mail : the function that enables Subscribers to create a temporary Digiposte E-mail address to send Documents directly to their Safe.
Sender : the legal entity that wishes to send digitized Documents, notifications or offers to Subscribers in the context of a Paperless Agreement.
Document Flow : the sending of original digital Documents sent directly by Senders.
Identification : tthe procedure during which Subscribers identify themselves in order to access their Digiposte Account.
Marketplace : Application stores available to users and proposed by manufacturers (eg Apple App Store and Google Play Store)
My finances : a personal financial management service accessible using the Digiposte Plus Application. The goal of this service is to provide consolidated information on one or more accounts opened with banks or financial institutions.
Premium Offer : the paid subscription giving Subscribers a larger storage space in their Digiposte Safe together with additional features.
Username : the login or e-mail chosen by Subscribers that enables them to connect to their Account.
Service(s) or Digiposte Service : the functions accessible from the Digiposte Website and the mobile Applications whose descriptions and details feature on the Digiposte Website or Applications.
Digiposte Website : the secure website published by La Poste, enabling Subscribers to access their Accounts and all or some of the Digiposte Services.
The purpose of these Terms and Conditions of Use (TCU) is to set out the contractual relations between La Poste and the Subscriber regarding access and use of the Service.
La Poste reserves the right to modify the Service, and therefore the TCU, at any time. All changes will be implemented from the moment the Subscriber agrees to the new TCU, or, when applicable, any other date stated in specific conditions applicable to the Service. In the event of a disagreement with the new provisions, the Subscriber undertakes to stop using the Service.
3. PRESENTATION OF DIGIPOSTE
Within the framework of the Digiposte Service, Subscribers benefit from various features depending on which services are subscribed to. Some of these features are accessible only through Applications.
The common features are:
- Archiving space : enables Content to be archived and/or filed. The initial storage capacity is stated on the Digiposte Website. The size of the archiving space is counted only for Subscribers’ personal Content downloaded or sent by Subscribers or any other third party they have given the Digiposte temporary e-mail to, collected documents, Documents for which the legal storage duration or the storage duration contractually defined with the Sender expires;
- The sharing space : enables Subscribers to share their Content temporarily with third parties. Sharing is the full responsibility of the Subscriber. Subscribers must comply with the legal provisions, particularly with respect to copyright and publicity rights when they share images or photos. Subscribers determine which document(s) they wish to share and for how long. The shared documents may be accessed by third parties via a unique link sent to the Subscriber. Subscribers are solely responsible for the use to which this link is put. Subscribers are hereby informed that publication of this link on open or unsecured spaces can make it possible for any person clicking on this link to access the shared documents.
- Documents collector : enables Subscribers to authorize La Poste to connect in their name and on their behalf on third party websites from which they usually access their documents in order to retrieve Content. Subscribers will have to enter their login information (username/password) for each website concerned. Subscribers remain solely responsible for the use of their login information. They also confirm that they have all the rights required to enable La Poste to collect their documents.
- Procedure creation : enables Subscribers to authorize La Poste to connect in their name and on their behalf on third party websites from which they usually access their documents in order to retrieve Content. Subscribers will have to enter their login information (username/password) for each website concerned. Subscribers remain solely responsible for the use of their login information. They also confirm that they have all the rights required to enable La Poste to collect their documents.
- Creation of a temporary e-mail address : enables Subscribers to create a temporary Digiposte e-mail address to send Content to their archiving space while it is valid. Only documents attached to e-mail messages will be archived in Digiposte. This function is accessible only via the Digiposte Website.
- The “My Health” service : is used, with Subscribers’ agreement and subject to their control, to host and process their Health data. This Data may be:
- entered or added directly by a Subscriber (scans of documents, information forms, etc.)
- sent by partner Senders of Digiposte (Examinations, mutual insurance reimbursements, etc.) directly to a Subscriber’s Safe
- added via Collectors the list of which is defined by Digiposte.
These health documents may be shared in the same way as the other documents in the Safe.
Digiposte complies with the regulatory framework that applies to the hosting of Health Data in accordance with its accreditation as a Healthcare Data Host (HADS). This accreditation imposes reinforced Subscriber authentication so that Subscribers can access and share their Health Data.
Some additional functions of the “My Health” service may be included in a subscription to the Premium Offer.
The following features are available only through Applications :
Features specific to Digiposte Pass:
- Subscription to a Document Flow for an individual or professional Subscriber : this allows Subscribers to receive documents directly from a Sender in their Safe. Subscribers may subscribe in a number of different ways depending on whether they sign up directly to a Flow via the Digiposte service by filling in a subscription form to a Document from the Sender concerned, or by signing up directly with the Sender under conditions laid down by the Sender. Depending on the nature of the documents and / or the contractual relationship between the Sender and the Subscriber, subscription to a Flow may include subscription to a Paperless Agreement. The received documents will be stored during the specific storage period stipulated contractually by each Sender. Original digital documents are not included in the free offer storage space and therefore can be stored during the full legal storage duration set by the Sender and Digiposte, without the Subscriber having to subscribe for additional storage space.
- Some specific procedures can be offered by third parties depending on the specific information the Subscriber has shared with the third party. For procedures initiated by Subscribers, the third parties with which they are in touch may have access to the documents which already feature in their Safe and are required for the procedure as soon as the procedure is created with this third party. La Poste must use its best efforts to ensure conformity between the information and documents linked to the procedures and may under no circumstances be held responsible for non-conformity or unsuitability of this information or documents.
In addition to the features offered by Digiposte Pass, Digiposte Plus offers the following features:
- Checking conformity of information on identity documents : the Service, via the Digiposte Plus Application, enables the conformity of information on identity documents (photo or scan) to be checked. The statement “checked” then appears on the Digiposte Plus Application. The identity documents eligible for such checking are National Identity Cards, Passports and Residence Permits that comply with EU standards. The check only involves the consistency of the information on the identity document to be checked with the information on the barcode of the same identity document. La Poste will make no use on its own behalf of information that may be copied in the information on the Subscriber’s Account.
- The service « My finances » : facilitates and automates tasks linked to online consultation of Subscribers’ bank accounts, particularly by centralizing bank and financial data in Digiposte Plus and by reorganizing them in a structured fashion to give an overview of the financial situation and any changes therein.
The “My Finances” service also has various warning and reporting features to provide information on the transactions conducted on the accounts registered.
Subscribers order La Poste to connect in their name and on their behalf to the Website of the bank from which they usually access their online client banking space. They give La Poste their username and password and authorize La Poste to use them to update their “My Finances” service regularly and automatically. As a result, Subscribers expressly agree that their username and/or password be divulged to and kept by La Poste and its sub-contractors. The login information and bank details receive the same treatment and protection described in these General Terms and Conditions of Use. Subscribers also confirm that they hold the necessary authorizations to enable La Poste to collect their documents and information.
Subscribers may not hold La Poste liable if there is any discrepancy in the information transmitted to them or if the information is not up to date, as such responsibility lies with the bank holding the account which establishes the settings required to update information.
La Poste is fully entitled to withdraw a bank from the list of establishments available in the “My Finances” service and to discontinue the feature of synchronization and updating of the accounts held at the bank concerned.
Certain features complementary to “My Finances” may form part of the subscription to the Premium Offer.
- Folders Management : themes proposed by the Application used to group all Content and documents particular to a given theme in order to simplify procedures and associated actions. The themes proposed may be changed.
- Notification : The Digiposte Plus Application allows Subscribers to be offered information messages, actions and procedures depending on the folders they created or documents stored in Digiposte.
- Family Sharing Space : creates a space where information can be shared with family members provided they have the Digiposte Plus Application.
4. PROTECTING CONTENT
La Poste protects the security and confidentiality of Content. However, in the event of a security alert (anti-virus check etc.), a request from authorities (administrative, legal etc.), an alert from another Subscriber, or a notification in compliance with article 19.3 of the TCU, La Poste reserves the right to:
- conserve, for proof, all Content that does not comply with the rules defined in this document, as well as any logs or connection records attributing the management or control of the Content to the Subscriber, in compliance with the TCU.
- conserve, for proof, all logs, connection records or data, whether personal or not, that prove that the Subscriber is responsible for the behavior or actions in question, in compliance with the TCU.
- modify, reject and / or remove access to any Content that does not comply with the rules stated in the TCU.
- apply the provisions of the “Termination – Breach – Suspension” article.
Moreover, La Poste guarantees the monitoring and traceability of the Service. Each operation (identification, order) is time stamped and dated, and recorded.
5. REGISTRATION CONDITIONS
Signing up to the Digiposte service is free but requires the express acceptance of the TCU. Signing up may be performed regardless of the terminal used (computer, tablet, smartphone, etc.).
Except while special offers apply, subscription and use of certain features of Digiposte Plus must be paid for (price given in the Marketplace).
Subscription takes effect on the Effective Sign-up Date.
Subscription and use of the Service require the subscriber to have legal capacity. Therefore any acts undertaken by minors are performed under the responsibility and control of their legal guardian.
5.1 Information to be entered on the subscription form
The information entered on the subscription form must be correct, sincere and up to date. The Subscriber commits to notifying La Poste of any changes that affect this information, online or through Customer Services. To make some changes, the Subscriber must submit a request to the Customer Service.
Subscribers are solely responsible for failing to update their personal information and expressly recognize that La Poste cannot be held liable for providing misleading information on their identity.
5.2 Postal addresses
Subscribers may enter a main reference postal address that they must confirm using an activation code sent by post to the address entered. Each time Subscribers change their reference postal address, they must confirm it using a new code sent to their new postal address. Subscribers may add secondary postal addresses.
5.3 Access to the Service
Access to the Service is protected by a login and password. It is up to the subscriber to choose a sufficiently strong password to prevent unauthorized access to the Service.
In certain applications, Subscribers may choose to access the application using a digital 4-figure code.
For security purposes, the Subscriber may be asked to re-authenticate to the Service by using his/her login/password, particularly for any access to health Data.
For mobile Applications, authentication may be possible using the subscriber’s fingerprint, provided his/her terminal includes this feature. In this situation, the Subscriber is informed that the authentication is performed directly on his/her terminal and that La Poste is not sent any biometric data. As La Poste has no control over this feature, the Subscriber is solely responsible for choosing to use it. La Poste may not be held liable in the event of malfunction or defect of this mode of authentication.
5.4 La Poste Connect Account
Subscription to Digiposte services involves the creation of La Poste Account if one has not already been created.
The subscription to the La Poste Account is governed by the terms and conditions available here.
Digiposte is free. However, some features are only available to Premium Offer subscribers or through Digiposte Plus depending on the monthly subscription packages. Details of the offers are described online on the Digiposte website and relevant applications.
The Premium Offer may only be taken out from the Applications using purchase modules of the Apple App Store and Google Play Store and requires prior downloading by the Subscriber. Purchasing from a Marketplace is subject to the specific conditions of each Marketplace.
Subscription to the Premium Offer is a periodic subscription, automatically renewable for the same period unless terminated by the Subscriber at any time during the period. Termination must result in disabling automatic renewal in the Marketplace. It is up to the subscriber to undertake the necessary procedures to this effect. Under no circumstances may La Poste perform such procedures on the Subscriber’s behalf in the Apple App Store or Google Play Store.
In any event, any subscription started will be refunded. Therefore the termination of any current subscription will be effective upon expiry of the subscription.
After this deadline, related features will not be accessible and additional storage space associated with the Premium Offer will end automatically and will be transferred to the Content storage space available under the Digiposte Service free offer.
Subscribers are responsible for deleting or downloading their Content so as not to exceed the storage space allocated in the free service.
If a Subscriber has not personally deleted the Content exceeding the quota of the free offer, the oldest Content will automatically be deleted in order to transfer the volume to the storage space available under the free offer. This does not apply to original digital documents which are not included in the storage space in order to ensure they are preserved for the entire period defined by the Sender.
7. PROVISIONS SPECIFIC TO CERTAIN SERVICES: SERVICES TO THIRD PARTIES
The Website and mobile Applications can grant access to information or services provided by partners including Senders (for example, within the framework of the “Document Flow” function). The conditions applicable to accessing, supplying and using this information and partner services, as well as their price and terms of payment, are those issued by the online partners or by any other means including Paperless Agreements.
La Poste is not involved in any contractual relations entered into by Subscribers and any partner, even where such contractual relations are made via the Website and/or mobile Applications.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Website, mobile Applications and Services
The Website, mobile Applications (including all data accessible as text, photos, images, sound, data, databases and downloadable programs, including software technology and other underlying data) and Services are protected by intellectual property rights and/or other rights which La Poste holds or is authorized to use.
Subscribers may not store, copy, represent, modify, transmit, publish or adapt to any media, by any means or use in any way, parts of the Website and/or mobile Applications and/or Services without the prior written authorization of La Poste.
Any extraction and/or reuse without authorization of one or more databases taken or copied, or compiled from the Content of the Website and/or mobile Applications and/or Services, directly or not, will be sanctioned in the civil and criminal courts.
Subscribers confirm that they own the intellectual property rights and other authorizations required for the use of any Content. They therefore guarantee La Poste and its co-contracting parties against all court action from third parties related to the ownership or use of this Content (including within the framework of the aforementioned authorization) as well as any damage incurred by La Poste and/or its co-contracting parties as a consequence.
Costs and fees related to intellectual property right disputes will either be exclusively the responsibility of the Subscriber or the share La Poste is ordered to pay in the event of it being found liable must be reimbursed to La Poste.
La Poste and/or the Subscriber are and will remain owners, for the parts that concern them, of their distinctive signs, brands, trade names and other commercial names, logos or domain names.
The reproduction, imitation or use, in whole or in part, of brands, images and models belonging to the La Poste Group is strictly prohibited without prior written agreement from La Poste.
9. RIGHT OF CANCELLATION
In compliance with article L. 121-21 of the French Consumer Code, Private person subscribers have a fourteen (14) clear day period when subscribing to the Digiposte Service to exercise their right to cancel the contract, without penalty, and without providing a motive, via an online form. However, in compliance with article L.121-21-8 of the French Consumer Code, the right of cancellation can only be exercised when the execution of a service began on request of the Client, before the end of the fourteen (14) clear day period. The Subscriber is aware that if they use the Digiposte service before the end of the fourteen (14) clear day period, their right to cancellation will no longer be enforceable.
The costs incurred during correspondence relating to a cancellation will be paid by the Subscriber.
10. ACCESS TO THE WEBSITE, MOBILE APPLICATIONS AND SERVICES
Notwithstanding cases of force majeure referred to in this document, La Poste undertakes, within the framework of a best endeavors obligation, to guarantee the availability and accessibility of the Website, mobile Applications and Services, 24 hours a day, 7 days a week. However, tests, checks and/or maintenance operations as well as interventions required in the event of a breakdown, may be carried out by La Poste at any time. La Poste strives to inform users of these operations when possible. La Poste may not be held liable for any consequences to any Subscriber.
Subscribers recognize that La Poste can under no circumstances be held liable for the functional and technical performances of the Internet. Similarly, all Subscribers are responsible for their actions online, regarding the use of their data on open networks.
The Subscriber undertakes not to hinder the smooth running of the Site, mobile Applications and Services, particularly by transmitting any components likely to contain a virus or that may otherwise damage or affect the Site and/or mobile Applications and/or Services and, more generally, the IT system of La Poste or and/or its co-contractors.
All Subscribers must take appropriate steps to protect their data, software and/or Content against any breach or damage.
In particular, in the case of the use of Applications through smartphones or tablets, Subscribers agree not to modify the operating system of the terminal in a way that may affect the safety (including jailbreaking or rooting). Under these circumstances La Poste cannot guarantee the security of documents sent to or from the Safe.
The cost of the equipment required to use the Website, mobile Applications and Services are and remain the Subscriber’s responsibility.
11.1. Responsibility of La Poste
La Poste does not guarantee the ability of the Website and/or mobile Applications and/or Service to meet the specific expectations or needs of Subscribers. Similarly, La Poste cannot guarantee the absence of error or any other operating or use problems affecting the Website and/or mobile Applications and/or Services.
La Poste may not be held responsible for the Content received or transmitted from the Subscriber Service as well as the assessment of their legal value by any authority or jurisdiction. Thus the technical processing performed by La Poste on a simple or digitally postmarked document only guarantees the origin, date of filing and integrity of Documents.
La Poste may not be held liable for Content it hosts or the information sent by Subscribers to the public and / or other Subscribers. La Poste, in its capacity as a purely technical service provider, particularly as host of Subscribers’ Content, may not be held liable for the activities or information stored at the request of Subscribers if La Poste was unaware of the illegal nature or of activities or information, or facts and circumstances revealing this character, or if, as soon as La Poste became aware of such facts, it acted swiftly to remove the information or block access to it.
In this respect, La Poste reserves the right to remove or suspend the access to any Content following receipt of a notification or if it gains knowledge of the clearly illegal character of the Content. La Poste may under no circumstances be held liable for removing such Content.
Under no circumstances may La Poste be held liable for indirect damage such as: financial loss, commercial damage, loss of clientele, any commercial disruption, loss of profits, loss of brand image, loss of data and/or software affecting the Subscriber which could result from the non-performance of these TCU. Moreover, La Poste may not be held liable for damage resulting, even in part, from the total or partial non-performance of obligations by a Subscriber or any contingent damage even if La Poste knew there was a risk of such damage occurring.
11.2 Responsibility of the Subscriber
The Subscriber and/or legal guardians (e.g. for minors) are responsible for behavior and Content, including with regard to third parties, for example in cases of Content sharing.
Content may be protected by other parties’ copyright. Subscribers may not copy, transfer, share, download or modify any Content over which they do not hold the rights. Subscribers are responsible securing their Identification information and login information (login, password) required to use the Collector. They understand that any use of the Website and/or mobile Applications and/or Services will be presumed to be their own and will be attributed to them, the Subscriber being responsible for proving otherwise.
The Subscriber undertakes to:
- refrain from storing or making available Content that is illegal or contrary to current regulations and laws, particularly child pornography Content that is likely to violate human rights and dignity, or insulting or libelous Content;
- refrain from making available Content that is illegal or contrary to common decency;
- refrain from using the Service illegally or illicitly;
- refrain from creating any hypertext link to any Website that does not comply with the above principles;
- immediately inform La Poste by any means of any error, fault or mistake that they notice in the use of the Website and/or Services, as soon as they become aware of it;
- generally, not use the Service in such a way that it may harm La Poste.
12. FORCE MAJEURE
La Poste may not be held responsible for any delay in executing its obligations or not fulfilling its obligations resulting from these general Terms and Conditions of Use when the circumstances causing the situation are due to force majeure.
In addition to those already accepted by French case law and courts, the following events are expressly considered force majeure or unforeseen circumstances: blocking of electronic communications not controlled by La Poste and all other events beyond the control of La Poste which prevent the normal completion of their obligations as stated in the Contract.
All cases of Force Majeure that affect the completion of obligations resulting from these TCU, particularly access or use of the Digiposte Service by the Subscriber will suspend, from the day it occurs, the execution of these TCU. From this date, and despite the event of force majeure, La Poste will endeavor to do the following:
- inform the Subscriber of the existence of the event of force majeure;
- re-establish access, even degraded access, to the Services;
- or make the Content available for download by the Subscriber;
- or enable the transfer of Content on an external drive (such as a DVD-ROM), using the methods and under the terms and conditions determined by La Poste;
- or implement any other technical solution enabling Subscribers to regain access to their Content.
It is expressly agreed between the Parties that La Poste cannot be held liable for the exceptional implementation of these palliative measures by La Poste during events of Force Majeure and no compensation may be requested.
13. PERSONAL DATA PROTECTION
Subscribers’ personal data will be processed electronically by La Poste, to provide your Services, manage our customer relations and send customized offers.
The documents are kept throughout the entire duration of use of the Service, Subscribers being free to delete any Content as and when they wish.
Information relative to the accounts (login, surnames, first names, technical data) is kept, once the account has been closed down, for the statutory period.
Subscribers have a right to access, correct and oppose their data for legitimate reasons, from their Account and/or to the following address: firstname.lastname@example.org
The questions in the Account sign-up form marked by a * are required to provide the services. If you do not respond it will not be possible to provide the service.
Subscribers’ personal data is sent to the following recipients:
- La Poste and its subsidiaries, for the sole purpose of providing the Digiposte service;
- La Poste’s technical services providers, to manage the Service;
- La Poste’s partners if you have agreed to receive promotional offers from them;
- Public organizations, agents of the law, ministerial officers, to comply with all current laws and regulations, or to meet any request from an authority legally authorized to access personal data.
For Health Data, the Host medical practitioner alone is authorized to access the said data
Data of a personal nature that is specific to Digiposte may under no circumstances be sold, shared with or communicated to third parties, apart from the cases described above.
13.1 Data retrieval and portability
The Digiposte Service enables Subscribers to retrieve the Content they have archived in their Safe as well as the Documents issued by Senders.
This Content can be downloaded from the Service.
14. CANCELLATION – NEGLIGENCE – SUSPENSION
14.1 Cancellation of an Account at the Subscriber’s initiative
The terms and conditions for cancellation by the Subscriber are available in the “My Account” section. Subscribers are advised to save their Content before confirming their cancellation request.
Closing an Account will lead to the automatic cancellation of any paid Digiposte Service that the Subscriber may have taken out and will entitle the Subscriber to no reimbursement for any reason. Any sums paid by the Subscriber will remain the property of La Poste.
Cancellation will be effective at the end of the Subscriber’s payment expiry date for the Service.
14.2 Cancellation on the initiative of La Poste
La Poste reserves the right to interrupt temporarily or definitively all or part of the Digiposte Service for reasons linked to the security of the service, the security of the Subscriber, noncompliance or suspected non-compliance by the Subscriber with one of the obligations stated in this document. This cancellation will be automatic, without prejudice to any damages that La Poste may seek. Subscribers may, for a limited duration, retrieve their archived Content.
La Poste also reserves the right to unilaterally end this contractual relationship resulting from the TCU in the event of the Subscriber committing serious and/or repeated failure to fulfil one of the obligations listed in this document, or in the event of La Poste definitively ending their Digiposte Service. Under these circumstances cancellation will be effective six (6) months after La Poste has informed users of the end of the Digiposte Service.
Moreover, if a Subscriber fails to connect to the Digiposte Account for a period of twelve (12) consecutive months, La Poste will send an e-mail to the Subscriber’s e-mail address to inform him/her that in the absence of a connection to their Digiposte Account within one (1) month, the account will be deleted. After this one-month period has ended, La Poste may automatically cancel the TCU and delete the Subscriber’s Account together with all the Content it contains. However, this cancellation may only be effected if the Safe does not contain Documents sent by a Sender with a conservation period that has not been reached.
14.3 Consequences of Cancellation by a Subscriber
When cancelling their Digiposte Account, Subscribers will lose all the additional functions and must therefore check that they have retrieved all the Content in their Safe, ended all subscriptions with Senders and Collectors, closed their Sharing Spaces and cancelled all Paperless Agreements to which they previously subscribed. La Poste may not under any circumstances be held liable for losses caused by not following these preliminary steps.
Contractual relations will end if the TCU between La Poste and the Subscriber are terminated using the form available on the Website.
This termination will be complete following a 30(30)calendar day period from the cancellation request.
In the event of a Subscriber having a Subscription to the Premium offer, cancellation will be effective when this Subscription expires.
During a thirty (30) day period, Subscribers may cancel their request to cancel their subscription by contacting Customer Services. In the event of the cancellation request being cancelled, Subscribers will regain access to their Digiposte Account. However, they will have to re-download the Content they deleted to cancel their Account.
Cancelling a Paperless Agreement with a Sender will not lead to the TCU being terminated or the relation with the Sender being terminated, only the ability to receive or send Content with the Sender digitally.
15. INABILITY OF SUBSCRIBERS TO ACCESS THEIR DIGIPOSTE ACCOUNT
If Subscribers are unable to access their Digiposte Account, the trusted contact(s) and/or beneficiaries will be entitled to ask La Poste for access and/or recovery of the Content of their Safe.
To meet such requests, La Poste will ask beneficiaries to produce supporting documents.
Requests for transfer and access rights to a Subscriber’s Account must be sent by post to the following address:
Service Client Internet
99 999 La Poste
Or by e-mail to the following e-mail address:
However Customer Services reserve the right to attempt to contact the Account holder by e-mail and only grant beneficiaries’ and/or trusted contacts’ requests if they do not receive an answer within one (1) month.
Access and transfer to a trusted contact designated by the Subscriber will not affect any rights which a Subscriber’s beneficiary may have.
La Poste reserves the right to have all or part of the services mentioned in this document provided by any other company of their choice, as subcontractors. La Poste will remain solely responsible towards Subscribers, it is La Poste’s responsibility to take action against their sub-contractors.
La Poste reserves the right to transfer the TCU and contractual relations to any third party of their choice.
18. AGREEMENT ON EVIDENCE
La Poste, Senders and/or the Subscriber agree that in the event of a dispute, the following be admissible as evidence in court:
- means of Identification (User name, Secret codes), used on the Website, mobile Applications as well as signatures and the Identification processes they express;
- Electronic signatures used and agreements signed using these signatures on the Website as well as the provisions agreed to by the parties;
- the connection data relating to actions carried out from the Subscriber’s Digiposte Accounts, the Subscriber’s Digiposte E-mail Accounts;
- all or some of the Content from the Subscriber’s Digiposte Account is presumed to be attributable to them;
- the electronically certified dates of all Content;
- the Content archived within the context of the Digiposte Service, e-mails, return receipts and generally all information or data related to the use of Digiposte;
- the certified digital identity of the Subscriber.
Proof to the contrary may be brought.
19. OTHER PROVISIONS
The fact of the User and/or Subscriber and/or La Poste of not claiming negligence by the defaulting party to fulfil one of its obligations as stated in the TCU may not be interpreted as renunciation of the obligation concerned.
19.2. Partial nullity
The nullity of any clause in the TCU does not affect the validity of the other clauses; it remains applicable in the absence of the provisions cancelled unless the cancelled clause makes the continuation of contractual relations impossible or unbalanced in terms of the initial provisions.
All notifications required by this document must be sent to the other party in writing, by registered mail with acknowledgement of receipt, to the address in the header of this document, or any other address that either party may later give the other in writing, in compliance with this article. This notification will be considered received by one party from the first business day following its first presentation to the party.
All complaints must be addressed to Customer Services
All complaints will then be processed in accordance with the terms and conditions of the TCU.
For all complaints related to the information on the Website, La Poste provides all Clients or Users with a notification form in compliance with the provisions of Article 6-I-5 of the Confidence in the Digital Economy Act (LCEN) available from Customer Services.
20. RESOLUTION OF DISPUTES – COMPETENT TRIBUNAL AND APPLICABLE LAW
If no out-of-court settlement can be reached, in the event of a dispute relating to the interpretation, form or execution of the Terms and Conditions of Use, and if no out-of-court agreement or transaction can be reached, La Poste and the Subscribers grant express and exclusive jurisdiction to the Paris courts, notwithstanding multiple defendants, interim proceedings, third party claim or protective measures.
La Poste cannot be held liable in the event of this stage, at the expense and under the responsibility of the Subscriber, not being followed, and the loss of Content consecutive to the Subscriber’s cancellation.
In the event of failure to implement this step, for which the Subscriber remains responsible and financially liable, and any loss of Content resulting from the Subscriber’s cancellation, La Post may not be held liable.
In the event of disputes related to the interpretation, form, validity or execution of the Terms and Conditions of Use, La Poste and the Subscribers expressly recognize that French law alone is applicable.