Mise à jour le 02/12/2024
The present general terms and conditions of sale (hereinafter the "General Terms and Conditions") represent the sole basis of the commercial relationship between the Parties in accordance with Article L.441-1 of the French Commercial Code.
Their purpose is to define the conditions under which PAATCH, a simplified joint stock company with capital of 1,000 euros, having its registered office at 24 rue de Clichy, 75009 Paris, registered under the unique identification number 911 060 176 R.C.S.Paris, represented by its president, Mr. Niels Rolland, duly authorized for the purposes hereof (hereinafter the "Company"), provides the customer who requests it (hereinafter the "Customer") with the services (hereinafter the "Service(s)").
The Company and the Customer are collectively referred to as the "Parties" and individually as a "Party".
Article 1 - Scope of application
These General Terms and Conditions apply, without restriction or reservation, to all Services offered by the Company to the Customer, regardless of any clauses that may appear in any other document.
In accordance with current regulations, they must be communicated to individual customers who are consumers, and are systematically communicated to professional customers who request them.
Any order for Service(s) implies, on the part of the Customer, full acceptance of these General Terms and Conditions, without reservation or restriction.
The Customer declares and acknowledges that he has received all necessary and useful information to enable him to make a commitment in full knowledge of the facts. The information contained in the Company's documentation is given for information only and may be revised at any time. The Company is entitled to make any changes it deems necessary - it being specified that the General Terms and Conditions are those in force on the date of the order.
Article 2 - Purpose
The purpose of these General Terms and Conditions is to define the terms and conditions for the sale of Service(s) by the Company and the purchase of Service(s) by the Customer on the website https://www.paat.ch/ (hereinafter the "Website").
For all practical purposes, it is hereby specified that compliance with these General Terms and Conditions constitutes an essential and determining condition for the validity of any transaction between the Company and the Customer concerning the Services.
Article 3 - Description of Services
3.1 Access to the Website
The Company grants the Customer a non-exclusive, non-transferable license to use the Website. This license is granted solely to the Customer for access in " service as a software " mode, for the duration of the Services subscribed to and paid for by the Customer.
Use of the Website requires a device with Internet access. This device and connection are not provided by the Company, and any costs incurred by the Customer in accessing the Website are the sole responsibility of the Customer.
The Website is accessible anywhere and at any time, with the exception of Website maintenance operations carried out by the Company, and such access is subject only to an Internet connection.
Access to the Website is free of charge. However, certain features of the Website are subject to a charge and reserved for customers with a subscription.
The Customer therefore acknowledges that he is aware of the relevant technical conditions and that he has the necessary equipment to access the Website and the Services.
3.2 Services
3.2.1 Pay services
La Société propose ses Services afin de mettre en relation des personnes physiques qui exercent leurs activités professionnelles respectives en télétravail ou à distance et qui souhaitent rencontrer d'autres personnes au travers d'événements.
Afin de permettre cette mise en relation et de créer une communauté d'indépendants et de salariés en télétravail (ci-après la “Communauté”), la Société propose les Services suivants :
● “Paatch Essential” : la Société propose un abonnement annuel payant obligatoire permettant (i) de devenir membre de l’ensemble de la Communauté (ci-après le(s) “Paatcher(s)”), (ii) d’accéder aux canaux de la Communauté sur les applications de messagerie instantanée Slack et Whatsapp, (iii) d’accéder à tous les événements en ville (session de coworking, afterwork et dîners) à condition de payer les consommations sur place (forfait, nourriture et/ou boissons) ainsi que tous les séjours de coliving à condition de payer le prix de la chambre réservée, et (iv) de bénéficier des programmes internes de fidélité avec nos partenaires et d’ambassadeurs pour évoluer dans la communauté.
● “Paatch City” : la Société propose un abonnement annuel ou trimestriel payant obligatoire permettant (i) de devenir membre de l’ensemble de la Communauté (ci-après le(s) “Paatcher(s)”), (ii) d’accéder aux canaux de la Communauté sur les applications de messagerie instantanée Slack et Whatsapp, (iii) d’accéder à tous les événements en ville (session de coworking, afterwork et dîners) à condition de payer les consommations sur place (forfait, nourriture et/ou boissons) et (iv) de bénéficier des programmes internes de fidélité avec nos partenaires et d’ambassadeurs pour évoluer dans la communauté.
● “Session de coworking" ou "Paatch'day” : la Société propose aux Paatchers de se rassembler pour une journée afin de télétravailler en communauté dans des lieux dédiés au télétravail qui sont mis à disposition par la Société ;
● “Afterwork” ou "After'Paatch": la Société propose aux Paatchers de se rassembler pour une soirée afin de se rencontrer et passer un moment en communauté dans des bars qui sont partenaires la Société ;
● “Dîners” : la Société propose aux Paatchers de se rassembler pour une soirée afin de partager un dîner avec un groupe de 5 à 10 personnes dans des restaurants qui sont partenaires de la Société ;
● “Séjours de coliving” : la Société propose aux Paatchers de se rassembler lors d’un séjour de plusieurs jours et nuits afin de télétravailler et de vivre en communauté dans des lieux dédiés au télétravail et à la vie en communauté qui sont mis à disposition par la Société.
3.2.2 Cancellation conditions
a) Cancellation by the customer
The Customer may cancel the reserved Services under the following conditions:
● Paatch Essential : Le Client est invité à se reporter à l’article 8.3 et à l’article 9.1 des présentes Conditions Générales pour connaître les modalités de résiliation de son abonnement ;
● Paatch City : Le Client est invité à se reporter à l’article 8.3 et à l’article 9.1 des présentes Conditions Générales pour connaître les modalités de résiliation de son abonnement ;
○ If the cancellation occurs less than three (3) days before the date reserved for the Paatch'day, the price paid for the reservation of said Paatch'day will be retained in full by the Company and the Customer will not be entitled to any refund.
● Afterwork :
○ Si l’annulation intervient au plus tard trois (3) jours avant la date réservée pour le Paatch’day, le Client sera remboursé à hauteur 100% du prix de sa réservation hors frais Stripe (1,5% du montant + 0,25€); Dans le cas contraire, Paatch conservera l'ensemble des sommes payées pour l'inscription à l'événement.
● Session de coworking :
○ Si l’annulation intervient au plus tard trois (3) jours avant la date réservée pour le Paatch’day, le Client sera remboursé à hauteur 100% du prix de sa réservation hors frais Stripe (1,5% du montant + 0,25€); Dans le cas contraire, Paatch conservera l'ensemble des sommes payées pour l'inscription à l'événement.
● Dîners :
○ Si l’annulation intervient au plus tard trois (3) jours avant la date réservée pour le Paatch’day, le Client sera remboursé à hauteur 100% du prix de sa réservation hors frais Stripe (1,5% du montant + 0,25€); Dans le cas contraire, Paatch conservera l'ensemble des sommes payées pour l'inscription à l'événement.
● Séjour de coliving :
Sauf si des conditions spécifiques sont mentionnées sur la Fiche du séjour de coliving disponible sur app.paat.ch, en particulier pour les séjours à l'étranger ou ceux nécessitant une organisation préalable :
○ If the cancellation occurs no later than one (1) month and one (1) week before the date booked for the Paatch'life, the Customer will be reimbursed 100% of the price of his reservation excluding Stripe fees (1.5% of the amount + 0.25€);
○ If cancellation occurs less than one (1) month and one (1) week before the date booked for the Paatch'life, the price paid by the Customer will be retained in full by the Company and the Customer will not be entitled to any refund.
b) Cancellation by the Company
Dans le cadre des séjours de coliving, l’annulation peut également résulter du fait de la Société, en raison de l’indisponibilité d’un lieu ou en raison de l’annulation par le propriétaire du lieu en question.
Dans l’hypothèse de l’annulation d’un séjour de coliving du fait de la Société pour les raisons susmentionnées, la Société s’engage à faire ses meilleurs efforts pour proposer une solution alternative aux Clients qui ont réservé le Paatch’life annulé, ou à défaut, procèdera au remboursement intégral du prix (100%), sans que sa responsabilité puisse être recherchée par les Clients.
Cancellation by the Company shall not give rise to any claim for damages on the part of the Customer.
Article 4 - How to book Services
4.1 Pre-registration
The reservation of Service(s) offered by the Company is accessible to Paatchers only. Prior to booking any Service(s), the Customer must register on the Website in order to access the Community and consequently the Service(s) booking.
Access to the Community and reservation of Services requires a subscription to Paatch Essential. No exceptions to this rule are permitted, and subscription is required from the first use of the Services.
Access to the Community becomes definitive once the Customer has validated the creation of the customer account and the Company has sent the Customer confirmation of the Paatch Essential subscription by e-mail to the e-mail address provided by the Customer.
The Customer is responsible for any error on his/her part in providing an incorrect and/or incomplete e-mail address.
4.2 Booking Service(s)
The Company makes available to Paatchers on the Website (i ) a catalog of places dedicated to telecommuting as part of Paatch'day, and (ii) a catalog of places dedicated to telecommuting/teleworking and community living as part of Paatch'life. These catalogs contain the information required to book the Services, namely: the address of the location and the available booking time slots.
The Paatcher can thus directly book the Service that suits him on the Website.
4.3 Service(s) reservation confirmation
The reservation becomes final upon (i) receipt of full payment of the price of said reservation by theCompany, and (ii) the sending by theCompany of the reservation confirmation to the Paatcher by e-mail to the e-mail address provided by the Paatcher (hereinafter the "Reservation Confirmation").
Article 5 - Financial conditions
5.1 The price
The financial terms and conditions are set out in Appendix 1, which forms an integral part of these General Terms and Conditions.
The Company reserves the right to modify the prices of Products and/or Services at any time.
In any event, the Products and/or Services will be invoiced to the Customer on the basis of the price displayed at the time the order is validated.
In accordance with the provisions of the French General Tax Code, the Company applies a VAT rate of 20% to Paatch'day bookings made on the Website, regardless of their destination.
5.2 Modalités de paiement
Services are payable by (i ) payment card on the Website via an online payment solution or (ii) by direct debit.
Payment cards accepted include Visa, MasterCard and American Express. It is also possible to make payment via Apple Pay.
Payment must be in cash.
The Customer guarantees that he is the holder of the payment card used to pay for theServices, and that the surname(s) and first name(s) appearing on the payment card are indeed his own or those of the company he represents and for which he has been given a mandate.
In the event that, for any reason whatsoever, payment of the sums due by the Customer in respect of the reservation is impossible, the reservation will be immediately cancelled and the Company will not be held liable under any circumstances.
5.3 Purchase confirmation
The sale of the Services becomes final upon (i) receipt of full payment of the price of the said reservation by theCompany, and (ii) the sending by theCompany of the Reservation Confirmation by e-mail to the address provided by the Customer.
All the information provided by the Customer at the time of reservation and the Reservation Confirmation shall constitute proof of the transaction.
The Company therefore undertakes to notify the Customer :
● confirmation of registration with the Community ;
● Reservation Confirmation ;
● invitations to Services and other exclusive offers ;
● sending a newsletter (subject to the Customer's express acceptance).
The Customer undertakes to check the accuracy of the information contained in the Reservation Confirmation and to notify the Company immediately of any errors or omissions.
The Customer is responsible for any error on his/her part in providing an incorrect and/or incomplete e-mail address.
5.4 Situation particulière du Paatch’Maker
Le Paatch’maker est une personne qui propose à la Société d’organiser un séjour de coliving.
Paatch'maker status is granted by the Company to applicants who meet the following cumulative qualification criteria:
● le candidat au statut de Paatch’maker doit avoir préalablement participé à un séjour de coliving;
● le candidat au statut de Paatch’maker doit avoir suivi une formation en visioconférence avec les équipes de la Société ;
● le candidat au statut de Paatch’maker doit avoir reçu une certification de la Société.
Pour chaque séjour de coliving organisé par le Paatch’maker, ce dernier bénéficiera d'une réduction pouvant aller jusqu'à 50% du prix de la chambre qu'il choisira dans ledit séjour.
Article 6 - Terms and conditions of use
6.1 Good faith
The Parties undertake to act at all times as loyal partners acting in good faith, and to inform each other of any difficulties they may encounter in the performance of the General Terms and Conditions. Loyalty and good faith are essential to the conclusion of the General Terms and Conditions.
6.2 Communication
The proper performance of the Services requires regular interaction between the Parties.
In the event of difficulties arising during the provision of the Services, each Party undertakes to inform the other Party within a reasonable time by any appropriate means. The Parties undertake to discuss the matter in order to find the best solution to resolve the difficulties encountered.
6.3 Good morals
The Customer undertakes to ensure that its use of the teleworking and, where applicable, communal living facilities provided by the Company is lawful, does not offend public morality, public order or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of the Company; the Company will always have the possibility of taking action against the Customer and obtaining full compensation for any loss that the Company may have suffered.
6.4 Valeurs de la Communauté
Once the Customer has become a Paatcher, he or she undertakes to respect the values of sharing and benevolence promoted by the Community.
6.5 Timetable
Les Services seront fournis aux dates et horaires contenus dans la Confirmation de Réservation. La responsabilité de la Société ne pourra en aucun cas être engagée en cas de changement de calendrier imputable au Client, ou en cas de force majeure, ou en cas d’impossibilité pour la Société d’exécuter lesServices conformément au calendrier, sous réserve que la Société respecte un délai de prévenance raisonnable.
Article 7 - Duration of the General Conditions
The presentContract takes effect as from its acceptance by the Customer and is concluded for the duration of the subscription, except for those provisions which are intended to last beyond the contractual relationship between the Parties.
Article 8 - Complaints and termination
8.1 Complaints
Customers may send their complaints by registered letter with acknowledgement of receipt to the following address:
PAATCH
24rue de Clichy - 75009 Paris
or by e-mail to the following address: help@paat.ch
8.2 Termination by the Company
The Company reserves the right to suspend or terminate, without prior notice or legal recourse, a Customer's subscription in the event of fraud, breach of any obligation hereunder and in particular the undertakings set out in article 13 below, including but not limited to failure to pay the selected subscription by the agreed due date, unauthorized copying or misuse of the Services provided by the Company, or unauthorized sharing of the Customer's Customer Account. The Company will not issue any refunds, and the sums paid by the Customer will be retained in full by the Company.
The Company reserves the right to penalize any malicious behavior contrary to the commitments made by the Customer hereunder by cancelling his order and deleting his Customer Account.
8.3 Termination by the Customer
Customers may cancel their subscription(s) at any time by accessing their Customer Account settings on the Website. Cancellation will be effective immediately and will not be subject to any reimbursement by the Company.
Conditions for cancelling a subscription :
- A subscription must be cancelled within forty-eight (48) hours of the end of the current period in order not to be automatically renewed;
- It is hereby expressly agreed by the Customer that any month begun remains due and that the subscription will automatically terminate at the end of the month in which termination is requested.
Article 9 - Right of withdrawal
9.1 General information
The Company provides the Customer with digital content without material support immediately after its purchase by the Customer. Pursuant to Article L.221-28 1° and 13° of the French Consumer Code, the Customer may not exercise his right of withdrawal.
The Customer hereby declares and expressly acknowledges :
● he/she gives his/her express consent for the Contract to begin before the expiration of the withdrawal period;
● that as a consequence of the preceding declaration, he loses his right of withdrawal.
The Customer acknowledges having taken cognizance of the non-application of his right of withdrawal by accepting without reservation the present Conditions at the time of his purchases.
In any event, the Customer may contact the Company at the following e-mail address: help@paat.ch
9.2 The specific case of Paatch'Life
In the event that the Customer subscribes to a Paatch'Life Service, only prior to the commencement of the Service and outside the minimum cancellation period of one month prior to the start date of the stay, the Customer may retract within a period of fourteen (14) days from the date of payment of his order, by sending his request to the following e-mail address: help@paat.ch.
The Customer must (i ) indicate that he is exercising his right of withdrawal in accordance with the present article and (ii) provide proof of the date of the order and of the preferential price at which he subscribed to the subscription.
In this case only, the Company will reimburse the Customer by the means of payment used to place the order, within fifteen (15) days of the exercise of the right of withdrawal.
The Customer expressly acknowledges and accepts that the provision of the Services will terminate the withdrawal period in accordance with article 9.1 above.
Article 10 - Force Majeure
10.1 General information
The Company shall not be held liable if the non-performance or delay in performance of any of its obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code. In such a case, the Company must inform the Customer without delay of its inability to perform and justify this to the Customer by invoking the present article.
The Company shall not be liable to the Customer for any lack of performance, unavailability or failure of the Services, or for any failure or delay on the part of the Customer to comply with these conditions, where such lack of performance, unavailability or failure is due to a cause beyond its reasonable control.
10.2 Special case of the Covid-19 health crisis
The Parties acknowledge that the period of health crisis declared by the Government is not a cause of force majeure. The Parties undertake, within the limits of the restrictions prescribed by the Government, to continue to carry out their commitments hereunder in compliance with the measures planned by the Government to combat Covid-19.
In the event of a change in the restrictions issued by the Government, each Party undertakes to notify the other Party within a reasonable time by any written means offering proof of receipt.
The Company undertakes to propose a postponement and/or an alternative mode of execution of the Services in the event that the restrictions linked to the health crisis prevent it from fulfilling its obligations.
The Covid-19 cannot, under any circumstances, be a cause for cancellation or resolution and/or termination of the General Conditions.
Article 11 - Resolution of the General Conditions
11.1. Termination for non-performance of a sufficiently serious obligation
In the event of sufficiently serious non-performance of any of the obligations incumbent upon the other Party, the Party suffering the default may notify the defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, ten (10) calendar days after the sending of a formal notice to perform which has remained unsuccessful, notified by registered letter with acknowledgement of receipt, in application of the provisions of article 1224 of the French Civil Code.
The Parties agree that the cases of sufficiently serious breach of their obligations are (i) non-payment of invoices issued by the Company, (ii) breach of the obligation of good faith and fair dealing, (iii) breach of the obligation of good morals and (iv) any repeated or persistent breach of an obligation hereunder.
11.2. Termination due to force majeure
Termination by operation of law on grounds of force majeure may only take place if the case of force majeure persists for three (3) months after formal notice has been sent by registered letter with acknowledgement of receipt.
11.3 Foreseeability
If, during the performance of the General Terms and Conditions, the situation existing at the time of their conclusion or the elements on which the Parties based their conclusion should change in such a way that one of them suffers significant and lasting prejudice, the Parties shall meet within a period of two (2) months from the request of the most diligent of them, formulated by registered letter with acknowledgement of receipt, in order to seek in equity a new basis for the continuation of their relationship and to determine the consequences thereof.
In the event of disagreement between the Parties as to how to continue their relationship, they may terminate the Contract, subject to thirty (30) calendar days' notice.
Article 12 - Responsibilities of the Parties
12.1 Limitation de responsabilité de la Société
The Company reserves the right to modify the information contained on the Website at any time and without prior notice.
The Company undertakes to describe the Services sold as fully and accurately as possible, and to keep this information up to date as far as possible. However, the Company cannot guarantee the accuracy and completeness of this information.
The Company shall in no way be liable for any damage caused to the Customer and/or his/her personal belongings during the provision of the Service(s).
Consequently, the Company declines all responsibility for :
● any damage resulting from fraudulent intrusion by a third party leading to modification of the information provided;
● any imprecision, inaccuracy or omission relating to information on the Website;
● any direct or indirect damage, whatever the cause, origin, nature or consequence, caused as a result of access by any person to the Website or the impossibility of accessing it, use of the Website and/or credit given to any information originating directly or indirectly from the latter.
The Company guarantees the Customer that, to the best of its knowledge, the Services offered do not infringe any third-party intellectual property rights. In all cases, it is the Customer's responsibility to notify the Company, as soon as possible, of any action and/or formal notice received as a result of the use of theServices.
The Company may only be held liable in the event of proven fault or negligence, and is limited to direct loss, to the exclusion of any indirect loss of any nature whatsoever.
Under no circumstances will the Company be liable to compensate for any consequential or non-consequential damages, such as financial loss, including overheads, loss of profit, business, contracts, revenues, customers and production, as well as any damage to the Customer's image.
The Company cannot be held liable for any damage resulting from errors in documents or information supplied by theCustomer.
Any damages that the Company may be required to pay to the Customer are subject to the recognition of the Company's liability as a result of a final court decision. In any event, any damages owed by the Company are limited to the price of the Service(s).
The Company undertakes to use its best efforts to provide the Services in the best possible conditions of access. However, in the event of a delay in the provision of said Services, the Company may not be held liable under any circumstances.
The Customer also expressly acknowledges and accepts that the Company's Services are provided on a best-efforts basis only. Under no circumstances may the Company be held liable in the event of a lack of results following the implementation by the Customer of the advice provided in the Services.
This limitation of liability is expressly accepted by the Customer.
12.2 Customer's liability
The Customer is responsible for any damage caused to the premises made available by theCompany through his own fault, in violation of the instructions given to him.
Prior to booking any Service, the Customer undertakes to check that his holiday insurance policy has been extended, and to provide proof of this at the Company's first request.
19.1. Any notification sent by either Party shall be in writing, signed by the notifying Party or in the name and on behalf of the notifying Party, and shall be sent by registered letter with acknowledgement of receipt or by electronic mail to the postal or electronic address of the Party notified in writing.
The Customer is solely responsible for his choice to use the Services and it is his responsibility, prior to subscribing to the Services, to ensure that his employment contract with his employer allows him (i) the possibility of teleworking and (ii) the possibility of working remotely, as well as all the requirements required by his employer for the purposes of carrying out said teleworking and working remotely.
Article 13 - Customer commitments
The Customer undertakes to use the Website and the Services in accordance with the regulations in force and not to make any inappropriate or immoral use of them.
The Customer undertakes to pay the price in accordance with the conditions set out in these General Terms and Conditions.
The Customer also undertakes to find a solution enabling it to perform its obligations despite the case of force majeure as defined in article 10 above.
The Customer undertakes to ensure that the content published by him/her on the Website and on the communication tools made available to him/her is lawful, does not offend public morality, public order or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not in any way likely to give rise to civil or criminal liability on the part of the Company; the Company will always have the possibility of taking action against the Customer and obtaining full compensation for any loss that the Company may have suffered.
By using the Website and Services, the Customer certifies and warrants that he/she undertakes without reservation that :
● the information provided is his own and personal, accurate and that he does not use the personal information of others without authorization ;
● that he/she is legally capable of entering into the legal commitments inherent in acceptance of the present;
● personal information will be updated if necessary.
Any breach of these commitments may result in the unilateral termination of the subscription(s) by the Company without notice or reimbursement.
Article 14 - Personal data
In the event that the Company processes personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016(hereinafter the "RGPD"), the Company undertakes to guarantee its compliance with all the legal obligations incumbent on it in its capacity as a processor of personal data and provided for by the French Data Protection Act of January 6, 1978, as amended by Act no. 2018-493 of June 20, 2018.
In any event, the Customer remains responsible for its databases and data sources; it is also solely responsible for the compliance of the third-party solutions and tools it uses, including through third-party service providers, to collect and process personal data.
Consequently, the Customer undertakes to guarantee that all tools or data sources (i) provide the information required by current and applicable regulations to the persons concerned, in particular with regard to their rights of access, rectification, deletion, opposition, limitation and portability of data, as well as their right to withdraw their consent depending on the nature of the data collected and the purposes pursued, (ii)when necessary, to obtain the informed consent of the persons concerned concerning the purposes pursued by the collection, in particular in the case of transmission to third parties of personal data.
The Customer acknowledges that he/she has been informed that the Company may only process personal data and/or electronic communications data in accordance with prior data collection that complies with current regulations. The Customer indemnifies the Company against any claims or judgments that may arise from access by the Company to personal data obtained in a manner that does not comply with regulations. The Company undertakes to (i) process personal data in accordance with the provisions of this Contract and current legislation, and in accordance with the Customer's instructions; (ii ) take appropriate technical, organizational and security measures to protect personal data against unauthorized access, modification, disclosure, destruction and loss, in accordance with an obligation of means; (iii) maintain the security and integrity of personal data.
Any request concerning the processing of personal data can be sent to: rgpd@paat.ch
Article 15 - Confidentiality
The Parties undertake to treat as confidential any information collected during the performance of the General Terms and Conditions and which must be considered confidential either (i ) because it is expressly designated as confidential by the Party from which it is collected; or (ii)because it falls within areas which are confidential by nature, for example, when it concerns undisclosed personal, commercial, industrial, technical or strategic data.
Each Party shall treat such confidential information with the same degree of care and protection as it would accord its own confidential information of equal importance. It will retain said confidential information for the duration of the General Terms and Conditions, and for a period of three (3) years thereafter, and will refrain from disclosing it except to responsible employees or servants who, bound by professional secrecy, require it for the performance of their duties under the General Terms and Conditions, within the limits of the needs of said Contract.
Consequently, and subject to the obligations set out herein, the Parties undertake to return or destroy, as instructed by the other Party, any data/information belonging to it, at the request of the Party concerned, within a maximum period of thirty (30) days from receipt of the written request from the Party concerned.
Article 16 - Assignment
The Company reserves the right to transfer its rights and obligations hereunder to any legal entity concerned, provided such transfer does not modify the Customer's rights. This right is reciprocal for the Customer only if it has obtained the express prior consent of the Company.
Article 17 - Customer acceptance
The present General Terms and Conditions are expressly approved and accepted without reservation or restriction by the Customer, who declares and acknowledges that he is fully aware of them, and therefore waives the right to invoke any contradictory document which may be unenforceable against the Company, even if he is aware of them.
Article 18 - Disputes and applicable law
The Parties agree to attempt to resolve any dispute amicably before resorting to legal action.
All disputes arising out of or in connection with these General Terms and Conditions shall be subject to the jurisdiction of the Paris Court of Appeal.
By express agreement between the Parties, these General Terms and Conditions and the purchase, sale of Products and provision of Services arising therefrom are governed by French law. They are written in the French language.
The Parties acknowledge that they are the authors of all written exchanges between the Parties and that these writings may be used as evidence by the other Party.
Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 19 - General provisions
19.2 The partial or sole exercise of any right, failure to exercise or delay in exercising any right or remedy or power by either Party shall not constitute a waiver by such Party of any further exercise of such right, power or remedy under these Terms and Conditions or otherwise by such Party.
19.3 In the event that one or more clauses of these General Terms and Conditions are found to be invalid, unlawful or unenforceable by any court or competent authority, such clause(s) shall be deemed not to form part of these General Terms and Conditions.
19.4 This shall not affect the enforceability of the other clauses of the General Terms and Conditions or the validity, legality and enforceability of the said clause in any other jurisdiction. The invalid provision will be replaced by a valid provision, as close as possible to the economic goal pursued by theParties.
19.5 Any reference in these General Terms and Conditions to any provision of law shall be construed as referring to such provision as amended, re-enacted or extended at the time of such reference.
Appendix 1
Price list
The subscription prices for the Services are as follows:
● Paatch Essential : 139 € TTC par an ;
● Paatch City: 99 € TTC par an ;
● Session de coworking: en fonction du lieu –voir plateforme app.paat.ch (TVA 20%) ;
● Afterwork : en fonction du lieu et du membership souscrit (TVA 20%); Consommation sur place à la charge de l'utilisateur;
● Dîner : en fonction du lieu et du membership souscrit (TVA 20%) ; Consommation sur place à la charge de l'utilisateur;
● Séjour de coliving / Paatch’life : en fonction du lieu –voir plateforme app.paat.ch (sans TVA) ;
Prices are indicative and may be subject to change, notably due to occasional promotions, price adjustments or special offers proposed by the Company. The applicable prices are those in force at the time the order is validated by the Customer.