Terms and Conditions of Use

DIGIPOSTE TERMS AND CONDITIONS OF USE

Revised version dated 25 May 2018

Welcome to the Digiposte Service!

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 Service 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)

This document sets out the terms and conditions for using the Digiposte Service.

Capitalised terms are defined in Article 1 “Definitions”.

1. DEFINITIONS

Subscriber: any natural person with full legal capacity who has opened a Digiposte Account.

Application : an application edited by La Poste, downloadable via a smartphone or tablet allowing the Subscriber to access all or part of Digiposte services.

TCU : the general Terms and Conditions of Use of the Services (including any document expressly referred to in the general Terms and Conditions), any special conditions issued by La Poste and any amendments thereto.

Collector : the document collection service carried out in the Subscriber’s name and on their behalf, on organisation websites the Subscriber has designated from among those suggested by Digiposte.

Digiposte Account : a Subscriber’s private account, comprising an area for securely archiving Content and/or receiving certain documents from a Sender or third party.

Contents : all the documents (including Documents) and information saved or received by Subscribers on their Digiposte Account, irrespective of format (e-mail, text, audio, video, image, photographs, etc.).

Document(s) : the electronic document(s), provided by the Sender and intended for the Subscriber bearing a certificate of authenticity, which certifies the authenticity of the information relating to the document, attests that the document has been issued by a recognised body, and guarantees that it has not been altered during its storage with Digiposte.

Health Data : Content within the field of data described as “sensitive” in terms of the General Data Protection Regulation. 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 is accredited to host health data.

Sender : the legal entity that wants to send Subscribers digital documents, notices or procedures within Digiposte.

Marketplace : the app stores provided for users by third parties (e.g. Apple App Store and Google Play Store).

My finances : a personal finance management service available through the Application and designed to provide consolidated information on one or more accounts opened with banking establishments or financial institutions.

Premium Offer : the paid subscription offer that gives Subscribers a larger storage space in their Digiposte Account together with additional features.

Username : the e-mail address the Subscriber has chosen to use to log in to their Digiposte Account.

Digiposte Service : the features available through the Digiposte Website and the Digiposte Application. See the Digiposte website and Digiposte app for a full description and details.

Digiposte Website : the secure website published by La Poste, enabling a Subscriber to access their A Digiposte ccount and all or part of the Digiposte Service.

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2. PURPOSE

The purpose of these Terms and Conditions of Use (TCU) is to set forth the contractual relations between La Poste and the Subscriber regarding access and use of the Digiposte Service, setting the terms of the trial offer for all users.

La Poste reserves the right to modify the Digiposte Service, and therefore the TCU at any time. All changes take effect on publication or, when applicable, from any other date stated in specific conditions applicable to the Digiposte Service. La Poste shall inform Subscribers of any changes to the TCU. Nevertheless, before using the Digiposte Service, Subscribers should refer to the latest version of the TCU, available at any time on the Digiposte Service.

In the event of a disagreement with the new provisions, the Subscriber undertakes to stop using the Digiposte Service and to delete their Digiposte Account.

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3. PRESENTATION OF DIGIPOSTE

Within the framework of the Digiposte Service, Subscribers benefit from various features. Some of these features are accessible only through the Application.

  • Archiving space : enables Content to be archived and/or filed. The initial storage capacity is stated on the Digiposte Website. Documents for which the statutory retention period or the retention period contractually defined with the Sender has expired are not counted from the archiving space volume.
  • The sharing space : enables Subscribers to share their Content temporarily with third parties. Sharing is the full responsibility of the Subscriber. Shared documents will be accessible to third parties through a common link communicated to the Subscriber and for the duration defined by the latter. The Subscriber shall be 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 authorise La Poste to log into third-party websites from which they usually access their documents in order to retrieve Content, in their name and on their behalf. 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.
    La Poste is fully entitled to withdraw a Document collector from the list of third-parties available in Digiposte Service and to discontinue the feature of synchronization and updating of the documents from the third-party concerned.
  • Procedure creation : Subscribers can carry out personal or administrative procedures by grouping all or some of the information and documents required. The documents contained in these procedures can be transmitted to the third party recipient of the procedure solely by the Subscriber.
    Some specific procedures can be offered by third parties depending on the specific information the Subscriber shared with the 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.
  • Archiving E-mail : enables Subscribers to create a Digiposte E-mail address for sending documents directly to their Digiposte Account. Only the documents attached to the e-mail will be archived in Digiposte.
  • The “My Health” service : is used, with Subscribers’ agreement and subject to their control, to host and manage their Health data.
    Digiposte complies with the regulatory framework that applies to the hosting of Health Data in accordance with the accreditation as a Health Data Host (HADS).
  • Subscription to a Document flow : allows the Subscriber to receive the original digital Documents directly from a Sender in their Digiposte Account. There are various ways to subscribe. The user can subscribe to a flow directly through the Digiposte Service by filling out a form to subscribe to the Document of the Sender concerned. Alternatively, the user can subscribe directly to the Sender under the conditions stipulated 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 retention period stated in the contract by each Sender. Original digital documents are not counted in the free offer storage space, so can be stored throughout the statutory retention period set by the Sender and Digiposte, without the Subscriber having to subscribe for additional storage space.
  • The service « My finances » : facilitates and automates tasks linked to online consultation of Subscribers’ bank accounts, particularly by centralising bank and financial data in the Application and reorganising them in a structured fashion to give an overview of the financial situation and any changes therein.
    Access to the “My Finances” service requires the Subscriber’s consent, which authorises automatic analysis of the data, in order to offer the specific features of the “My Finances” services: automatic categorisation of operations, visual presentation of income and expenditure by budget, alerts regarding large sums, etc. Subscribers can cancel their consent at any time in the “My Permissions” section of their profile. Withholding consent prompts deletion of the bank accounts configured in the “My Finances” services.
    Subscribers authorise La Poste, in their name and on their behalf, to log onto the bank website they usually use to access their online client banking area. They give La Poste their username and password and authorise 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 disclosed to and kept by La Poste and its data processors. The login information and bank data shall enjoy the same processing and protection described in these Terms and Conditions of Use. Subscribers also confirm that they hold the necessary authorisations 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.
    The “My finance” Service is available only through the Application and certain features complementary to “My Finances” may form part of the subscription to the Premium Offer.
  • Notification : The Application may send Subscribers information or propose actions and procedures, based on their uses or the documents they have stored in Digiposte. Subscribers can manage their notifications in the Application’s settings.

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4. PROTECTING CONTENT

La Poste protects the security and confidentiality of Content. However, in the event of a security alert (such as an anti-virus check), 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 behaviour 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 carries out the monitoring and traceability of the Digiposte Service opération. Each operation (identification, order) is time stamped and dated, and recorded.

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5. TERMS AND CONDITIONS OF SUBSCRIPTION

Subscription to the Digiposte Service is free and requires express acceptance of Digiposte’s TCU and the La Poste “My Account” TCU, whatever the device 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 to the Digiposte Service create a La Poste “My Account”, which enables The Subscriber to log into all of La Poste’s services with the same username and password combination.
Except during special offers, subscription to and use of certain features of the Digiposte Service incur a fee; the price of these additional features is set out on the Marketplace.

To subscribe to and use the Digiposte Service, the user must have full legal capacity. The Subscriber certifies that they are aged 15 or over. Subscribers under the age of 15 must certify that they have their parents’ consent or the consent of any other person with parental authority. Actions taken by minors under 15 years of age are performed under the responsibility and control of the legal guardian.

5.1 Information to be entered on the subscription form

The information the Subscriber enters on the subscription form must be correct, sincere and up to date. Subscribers undertake to notify La Poste of any changes in their information, either online or through Customer Service. To make certain changes, Subscribers must submit a request to Customer Service.

Subscribers are solely responsible for failing to update their personal information and expressly acknowledge that La Poste cannot be held liable for misleading information on their identity.

5.2 Access to the Digiposte Service

Access to the Digiposte Service is protected by a login and password. It is up to the Subscriber to choose a sufficiently strong password to prevent unauthorised access to the Digiposte Service.

For security purposes, Subscribers may be asked to re-authenticate on the Digiposte Service by entering their login and password, particularly for any access to Health Data.

Users may authenticate their access to the Application by means of a fingerprint, face recognition or any other means provided by mobile device manufacturers. In this situation, the Subscriber is informed that the authentication is performed directly on their device 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 for any malfunction or defect in this mode of authentication.

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6. PRICE

Digiposte Service is free.
However, some features are only available to Subscribers of the Premium Offer or through the Application, depending on the monthly or annual subscription packages. The Premium Offer may only be taken out through the Market places (e.g. Apple App Store and Google Play Store), and requires prior downloading the Application by the Subscriber. Purchasing from a Marketplace is subject to the specific terms and conditions of each Marketplace.
This Premium Offer may also be offered by La Poste partners or subscribed to directly through them. The terms and conditions of subscription are set out on the partner’s website.
Subscription to the Premium Offer is a periodic subscription, automatically renewable for an equal period unless terminated by the Subscriber at any time during this period. Termination must result in disabling automatic renewal in the Marketplace or through the La Poste partner. It is up to the Subscriber to take the necessary steps to do so. Under no circumstances may La Poste complete these formalities with the Apple App Store, the Google Play Store or the La Poste partner on the Subscriber’s behalf.
In any case, any subscription started will not be refunded. Accordingly, the termination of any current subscription will be effective only on expiry of that subscription.
At the end of the subscription period, the features covered by the subscription will no longer be accessible and the terms and conditions corresponding to the Digiposte Service’s free offer will apply.

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7. PROVISIONS SPECIFIC TO CERTAIN SERVICES: THIRD-PARTY SERVICES

The Digiposte Service can provide access to information or services provided by partners including Senders. The Subscriber may also give access to third-party services to the Content of his choice, with his express consent. The terms and conditions applicable to access, supply and use this information and partner services, as well as their prices and terms of payment are those set by the online partners or by any other means including digitisation 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 the Application.

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8. INTELLECTUAL PROPERTY RIGHTS

8.1 The Website, the Application and the Digiposte Service

The Website, the Application (including all information accessible, as text, photos, images, sound, data, databases and downloadable programs, including software technology and other underlying technology) and the Digiposte Service are protected by intellectual property rights and/or other rights which La Poste holds or is authorised to use.
The Subscriber may not store, copy, represent, modify, transmit, publish or adapt to any media, by any means, or use parts of the Website and/or the Application and/or the Digiposte Service without the prior written authorisation of La Poste.
Any unauthorised extraction and/or reuse of one or more databases taken, copied or compiled from the content of the Website and/or the Application and/or the Digiposte Service, directly or not, will be sanctioned in the civil and penal courts.

8.2 Content

Subscribers confirm that they own the intellectual property rights and other authorisations 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 authorisation) 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.

8.3 Brands

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 part or complete, of brands and images and models belonging to the La Poste Group is strictly forbidden without its prior written agreement.

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9. RIGHT OF CANCELLATION

In compliance with Article L. 121-21 of the French Consumer Code, 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 giving reasons, using an online form. However, in compliance with Article L.121-21-8 of the French Consumer Code, the right of cancellation may only be exercised when the performance of a service began at the request of the Customer before the end of the fourteen (14) clear day period. Subscribers are 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.

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10. ACCESS TO THE WEBSITE, THE APPLICATION AND THE DIGIPOSTE SERVICE

Notwithstanding cases of force majeure referred to in this document, La Poste commits, within the framework of a best endeavour obligation, to guarantee the availability and accessibility of the Website, the Application and the Digiposte Service, 24h a day, 7 days a week. However, tests, checks and/or maintenance operations as well as interventions required in the event of a breakdown, can 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 recognise 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 Website, the Application and the Digiposte Service, particularly by transmitting any components likely to contain a virus or that may otherwise damage or affect the Website and/or the Application and/or the Digiposte Service 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 from any breach or damage.

In particular, in the case of the use of the Application through smartphones or tablets, the Subscriber agrees not to modify the operating system of the terminal in a way that may affect its security (including jailbreak or root). In such a case, La Poste cannot guarantee the security of Documents sent to or from the Digiposte Account.

The cost of the equipment required to use the Website, the Application and the Digiposte Service are and remain the Subscriber’s responsibility.

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11. RESPONSIBILITIES

11.1. Responsibility of La Poste

La Poste does not guarantee the ability of the Website and/or the Application and/or the Digiposte 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 the Application and/or the Digiposte Service.

La Poste may not be held responsible for the Content received or transmitted from the Subscriber’s Digiposte Service. Likewise, the User remains solely responsible for the assessment of their legal value by any authority or jurisdiction. Thus, the technical processing carried out by La Poste on a Document is only a guarantee as to the origin, date of filing and integrity of the Documents.

La Poste cannot be held liable for Contents it hosts or the information sent by the Subscriber 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 their illegal nature or of 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 cannot be held liable for damages resulting, even in part, from the total or partial non-performance of obligations by the Subscriber, or for any indirect damage, even if it knows that such damage may occur.

Regarding Document Collectors, La Poste shall not be held liable for any delay in receipt of the documents or document unavailability, notably when the delay or impossibility of retrieving the documents results from a change made by the third parties that impedes document reception.

Regarding the “My Finances” service, the Subscriber may not hold La Poste liable for any delay in or lack of updating of the information, since the responsibility lies with the banks that hold the accounts, who set the parameters for logging into and updating information.

11.2 Responsibility of the Subscriber

The Subscriber and/or its legal guardians (for minors, for example), are responsible for behaviour and Content, including with regard to third parties, in cases of Content sharing for example.

Content may be protected by other parties’ copyright. Subscribers shall refrain from copying, transferring, sharing, downloading or modifying any Content over which they do not hold the rights. Subscribers are responsible for securing their Identification information and the login information (login, password).They understand that any use of the Website and/or the Application and/or the Digiposte Service will be presumed to be their own and will be attributed to them. The Subscriber will be responsible for proving otherwise.

The Subscriber commits 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 libellous;
  • refrain from making available Content that is illegal or contrary to common decency;
  • refrain from using the Digiposte 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 Digiposte Service, as soon as they become aware of it;
  • generally refrain from using the Digiposte Service in a way that could be prejudicial to La Poste.

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12. FORCE MAJEURE

La Poste may not be held responsible for any delay in executing its obligations or for not fulfilling the obligations resulting from these 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.

Any case of Force Majeure that affects the completion of obligations resulting from these TCU, particularly access to 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 endeavour, as far as possible, to:

  • inform the Subscriber of the existence of the event of force majeure;
  • re-establish access, even degraded access, to the Digiposte Service;
  • 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 cases of Force Majeure and compensation may not be requested.

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13. PERSONAL DATA PROTECTION

The general terms and conditions governing the processing of personal data are set out in the Le Groupe La Poste’s confidentiality and data protection policy, which can be found here: https://www.laposte.fr/particulier/politique-de-protection-des-donnees

13.1 Digiposte’s retention of Subscriber data

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.

Digiposte Account data (identifiers, surnames, first names, technical data) is erased when a Subscriber deletes their Digiposte Account.

13.2 Access to Subscriber data

Personal Data specific to Digiposte shall under no circumstances be sold, shared or communicated to third parties that are not involved in the processing operations associated with the Digiposte Service.

For Health Data, the Host medical practitioner alone is authorised to access the said data.

13.3 Retrieval of Content

The Digiposte Service enables Subscribers to retrieve the Content they have archived in their Digiposte Account as well as the Documents sent by Senders.

This Content can be downloaded from the Digiposte Service.

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14. CANCELLATIONNEGLIGENCESUSPENSION

14.1 Cancellation of the Digiposte Service at the Subscriber’s initiative

Subscribers are advised to save their Content before confirming their cancellation request.
Closing the Digiposte Service will lead to the automatic cancellation of the Premium Offer that the Subscriber may have taken out and will not entitle the Subscriber to a 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 Digiposte 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 Digiposte Service, the security of the Subscriber, non-compliance 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 serious and/or repeated breaches by the Subscriber of one of the obligations listed in this document, or in the event of La Poste definitively ending their Digiposte Service. In the latter case, cancellation will be effective six (6) months after informing users of the end of the Digiposte Service.

Moreover, should the Subscriber fail to log into their Digiposte Account for a period of twelve (12) consecutive months, La Poste may initiate proceedings to delete the Digiposte Account: if so, La Poste sends an e-mail to the Subscriber at their e-mail address, informing them that, unless they log into their Digiposte Account within one (1) month, their Digiposte Account will be deleted. After this one-month period has ended, La Poste may automatically cancel the TCU and delete the Subscriber’s Digiposte Account and therefore all of the Content it contains. However, the subscription may only be cancelled if the Digiposte Account does not contain Documents sent by a Sender with a retention period that has not yet expired.

14.3 Consequences of Cancellation by a Subscriber

When a Digiposte Account is cancelled, the Subscriber loses all the additional features, so should check that they have retrieved all of the Digiposte Account Content, ended all their subscriptions with Senders and Collectors, closed their Sharing Spaces and cancelled all Digitisation Agreements that they have subscribed. La Poste cannot be held liable for losses caused by not following these steps.
Contractual relations will end if the TCU between La Poste and the Subscriber are terminated using the form available on the Website.
The cancellation will be automatic within around 48 hours from the cancellation request.
In the event that a Subscriber has a Subscription to the Premium offer, cancellation will be effective when this Subscription expires.
Cancelling a digitisation agreement with a Sender will not lead to the TCU being terminated nor the relationship with the Sender being terminated, only the ability to receive or send Content with the Sender digitally.

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15. INABILITY OF THE SUBSCRIBER TO ACCESS THEIR DIGIPOSTE ACCOUNT

If the Subscriber is unable to access their Digiposte Account, the trusted contact(s) and/or beneficiaries will be able to ask La Poste for access to and/or recovery of the Content of their Digiposte Account.
To meet such requests, La Poste will ask beneficiaries to produce supporting documents.
Requests for transfer and access rights to a Subscriber’s Digiposte Account must be sent by post to the following address:

Service Client Internet

Digiposte

99 999 La Poste

Or via the following link:
https://secure.digiposte.fr/service_client

However, Customer Service reserves the right to attempt to contact the Digiposte Account holder by e-mail and only accede to 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.

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16. SUBCONTRACTING

La Poste reserves the right to have all or part of the services mentioned in this document provided by another 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.

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17. TRANSFER

La Poste reserves the right to transfer the TCU and contractual relations to any third party of their choice.

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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:

  • the means of Identification (Username, secret codes, etc.) used on the Website and the Application, 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 Service ;
  • all or some of the Content from the Subscriber’s Digiposte Account is presumed to be attributable to the Subscriber;
  • 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 the Digiposte Service;
  • the certified digital identity of the Subscriber.

Proof to the contrary may be brought.

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19. MISCELLANEOUS PROVISIONS

19.1. Non-renunciation

The fact for the User and/or Subscriber and/or La Poste of not relying on the negligence of the defaulting party to fulfil any one of their obligations as stated in the TCU cannot be interpreted as a waiver of the obligation involved.

19.2. Partial nullity

The nullity of any clause in the TCU does not affect the validity of the other clauses; they remain valid in the absence of cancellation measures, unless the annulled clause makes the continuation of contractual relations impossible or unbalanced compared to the initial provisions.

19.3 Notice

Any notice required by this document must be sent to the other party in writing, by registered post with acknowledgement of receipt, or by any other means where receipt can be proved, to the address in the header of this document, or any other address that one of the parties may subsequently give the other in writing, in compliance with this article. This notice will be deemed to have been received by a party on the first business day following its first presentation to the party.

19.4 Complaints

All complaints must be sent to Customer Service.
All complaints will then be processed in accordance with the terms and conditions of the TCU.
For any complaints related to the information on the Website, La Poste provides all Clients or Users with a notice form in compliance with the provisions of Article 6-I-5 of the French law on the digital economy, available from Customer Service.

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20. RESOLUTION OF DISPUTESCOMPETENT COURT AND APPLICABLE LAW

If an out-of-court settlement could not be reached, in the event of a dispute relating to the interpretation, form or execution of the Terms and conditions of use, and if an out-of-court agreement or transaction could not be reached, La Poste and the Subscribers grant express and exclusive jurisdiction to the Paris courts, notwithstanding multiple defendants or interim proceedings or third party claims or conservatory measures.
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 recognise that French law alone is applicable.

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