Online Membership Agreement
TERMS AND CONDITIONS OF USE OF THE EVFLY SITE AND ASSOCIATED SERVICES (T&C)
Website Address: www.evfly.com
www.evfly.com and the associated Intellectual Property Rights (IPR) are owned by
EVFLY PTE LTD.
A company incorporated under the laws of Singapore with
Commercial registration No.: 201840782K; and
Head office at 6 Shenton Way OUE Downtown 1 #36-01, 068809, Singapore
These T&Cs define the conditions of access and use of the services of the Evfly Site. The use of the services of the Evfly Site in particular by creating a personal account, means the acceptance of these Terms and Conditions of Use (hereinafter referred to as 'T&C’). These T&Cs constitute the entire agreement between you and Evfly regarding your use of the Services and the Site (hereinafter defined).
The website www.evfly.com (hereinafter, 'the Site') represents a community platform of friends and family willing to follow up and be involved in the development of electrical planes by EVFLY PTE Ltd..
The Evfly concept is the property of EVFLY PTE Ltd (the 'Company' or Evfly).
The Company has the possibility of modifying these Terms and Conditions of Use at any time.
Art. 1: Specific vocabulary
User or Member: Natural person, at least 18 years old, accessing the Site. The User can either be a lender or a partner of the Company;
Account: A set of data linked to a User during the registration and subsequent use of the Site;
Login: User's phone number, Google account, FaceBook account or email address as well as the password chosen when registering the User;
Art. 2: Registration and acceptance of the T&C
2.1 - To register on the Site, all Users must first create a personal account and accept without reservation at the time of their registration these Terms and Conditions of Use of the Site. This acceptance will be deemed effective once the User has clicked on the button to register his/her personal account. Once the T&Cs have been accepted and your personal information has been filled in and validated by the Company, the User becomes a member of the Evfly community (Evfly Network).
2.2 - You warrant that the information provided to Evfly upon registration is accurate and complete and you must agree to notify any subsequent changes.
2.3 - Access to the various services of the Site is therefore strictly subject to the unconditional acceptance of these T&Cs and their respect by all Users. Thus, the User enters into a moral commitment which binds him/her to Evfly and undertakes to behave as a good father and in a reasonable manner towards other Users.
2.4 - The T&Cs are binding between the User and Evfly in relation to the use of the Services of the Site, described below.
2.5 - The Member declares to he/she acknowledges that all or part of his/her personal profile is accessible to the Members of the Site with which he/she comes into contact and that it is mandatory for certain personal data (such as pseudonym, profile avatar, etc.) to appear with the exception of any data of a discriminatory nature (origin, religion, etc.).
The Member acknowledges, on an optional basis, that he/she can choose to communicate to the other Member with whom he is dealing on a personal basis, other personal data or other information which may thus be published on the pages of the concerned Member personal social networks without the involvement of the Company.
Article 3: Evfly Services
3.1 - As per the loan agreement you have signed with the Company, you will benefit from the following exclusive privileges provided the loan remains valid for a Loan Period:
The principle shall be converted into shares in the Company; and
The loan shall be remunerated by points accruing during the loan period that will allow you by the end of the Loan Period to convert the remuneration into ordinary shares in the Company.
3.2 - Monthly subscription to Evfly newsletter.
3.3 - News and updates on the evolution of the Evfly project.
3.4 - Receive the Company financial reports.
3.5 - The Site also provides the opportunity to share tips ad experience with Evfly Network on the Site forum.
3.6 - Evfly is committed to evolving in line with the development of the Evfly project. In this context, the Member accepts and acknowledges that the form and nature of the Services offered by Evfly may be modified without prior notification.
Article 4: Users’ right
4.1 - Users can publish, share, reply to messages and publications from other Users.
4.2 -The User acknowledges with reserve, the right to Evfly to disseminate User information with the aim of offering its Services under the conditions envisaged by the T&Cs, to the exclusion of any other use.
4.3 - At any time, the User retains the possibility of modifying his personal data contained in his personal space.
Article 5: User responsibility
5.1 - The User acknowledges being solely responsible for any activity carried out on his/her User account. Evfly cannot be held responsible for the content published, nor for interactions with other Users of the Application over which Evfly has no power of control and surveillance, due to its quality as an automatic collaborative platform. The User is solely responsible for messages, content and actions on and outside the Site.
5.2 - The User declares to be at least 18 (eighteen) years old ((or 21 (twenty-one) years in the countries where legal majority is different) and have the legal capacity or hold parental permission to register on the Site. Users refrain from using the Site to conduct a regular and / or remunerated activity which could be associated with a salaried or entrepreneurial activity.
5.3 - The User expressly undertakes, facing his/her civil or criminal liability engaged, that the content he/she publishes on the Site does not constitute a violation of the following rights, without this list presenting an exhaustive character:
- Violate the intellectual property rights of third parties or Evfly; in this regard, the User undertakes not to reproduce, distribute or communicate to the public on the Site, elements protected by copyright or by any other intellectual property right without prior and express consent of the holder (s) of these property rights, or to alter, modify, copy, transmit, sell or distribute all or part of the Site or the Services without the prior written consent of Evfly,
- Endorse crimes or publish illegal, hateful, threatening or pedophile, pornographic, defamatory, obscene, racist, anti-Semitic, xenophobic, revisionist or contrary to public order and morality messages,
- Invade privacy or respect for the dignity of persons,
- Inciting violence, fanaticism, crime, suicide, hatred, because of religion, race, sex, sexual orientation or ethnicity,
- Harass other members of the Evfly community,
- Favor or encourage any criminal activity or enterprise,
- Solicit and / or communicate passwords and / or personal information for commercial
or illegal purposes,
- Transmit chains of e-mails, unsolicited bulk mailings, instant messages, unwanted advertising messages or unsolicited mail,
- Include advertisements and / or solicitations, contests, in order to offer products and / or services for marketing through the Application,
- Contain addresses or hypertext links to external sites whose content is contrary to the laws and regulations in force, which infringe the rights of third parties or which are contrary to these conditions,
- Include malicious content such as malware, Trojans, viruses or interfering with access to the Site and Application services,
- Pass the User for another User, another person, another entity, or according to a fraudulent, falsified, misleading or deceptive presentation.
5.4 - The User is solely responsible for the conservation and confidentiality of his password and undertakes not to communicate his password at any time whatsoever to any other person or Member, or to use another member's account, pseudonym and password. The User must immediately notify Evfly of any breach of security or any unauthorized use of his/her Member account of which he/she is aware and, in any event, must take the corrective and protective measures offered by and outside the Site.
5.5 - The User undertakes not to use automated computer systems in order to add Members to his/her personal profile and / or to send comments or messages for whatever reason. In the same sense, the User agrees not to use automated processes such as robots or scripts. This is strictly prohibited.
5.6 - Evfly reserves the right, in the event that the Member becomes responsible for a violation of the legislation in force, a breach of these T & Cs or an infringement of the rights of third parties, to provide, to the request of any police or justice authority (jurisdiction, administrative authority, police, etc.) or injured Member, any information or elements allowing or facilitating the identification of the offending person or Member. Evfly will have the possibility of withdrawing or blocking, in accordance with the law, any information or content which appears to it manifestly illicit or at the request of a legitimate authority and / or to close the account of the offending Member.
Article 6 - Intellectual Property Rights (IPR)
6.1 - The design, form, title, brands and all of the elements contained on the Evfly Site, whether or not registered internationally under copyright and trademark law, are the exclusive property of Evfly or the Company or have been the subject of authorization prior use for the benefit of Evfly.
6.2 - The general structure of the Site, but also all other elements making it up, such as editorial comments, News Letters, illustrations and original images and their organization, as well as any software compilation, fundamental source code, software (including applets), graphic charter, reviews / ratings, visuals, photographs, images, texts and other elements contained on the Evfly Site and all social networks or sites where Evfly is present, are the property of the Company. Any reproduction, total or partial, of the Site and / or the elements composing it by any process whatsoever, without the express prior authorization of Evfly or the Company, is therefore prohibited. The protection of the intellectual property rights of Evfly Members is essential. Any individual or legal entity, Member or third party, may inform us of a violation of his or her copyright. Evfly will delete the offender's account after verification of the request. Evfly may take legal action against infringer if the infringement is found and is harmful.
Article 7: Commitment and cancellation of User accounts
The Member registered on the Site expressly acknowledges and accepts that he/she holds a legal right of withdrawal equal to a period of 14 clear days from the date of validation by the Company. If the Member makes the request to revoke the registration of his/her account, he/she must do so via his personal space by deleting his account. The taking into account of this termination or withdrawal will be effective at the end of the period of 15 days maximum and after receipt by the Company of a letter of withdrawal sent by LAR.
Article 8 - Liability of Evfly
8.1 - It is expressly agreed that Evfly's responsibility cannot be sought in any way whatsoever because of the content published on the Site by the Users, nor of the actions or remarks which would be made outside the Site. The responsibility of each User engages only himself through his actions and words as an adult responsible before the law. Within the framework of these T & C’s, it is expressly understood that Evfly acts as a platform putting Users in contact. As such, Evfly is not bound to any general obligation to monitor any content submitted or disseminated via the Site. Evfly assumes no responsibility for Users contents and does not endorse any opinion expressed.
8.2 - The User has at his disposal a "report" button in the event that he considers that content published on the Site, and more particularly in a Member account, infringes his personal or intellectual property rights, that it does not respect the provisions of article 5 of the T&C’s or that it violates another of the rights of the Members or causes any damage. It is expressly agreed that Evfly cannot be held responsible for any fraudulent exploitation of the data which may take place without its knowledge or in contravention of these T & Cs, and in particular for any damage or harm suffered by any Members.
8.3 - Evfly cannot be held responsible for technical problems outside its scope of service such as maintenance or network problems attributable to the Internet service provider and which could lead to a temporary interruption of the network, the Member also acknowledging accepting the constraints and limits of the Internet, particularly in terms of the transmission of information data via networks and in terms of data breaches. In any case, Evfly cannot be held responsible in the event that the services offered prove to be incompatible with certain equipment and / or functionalities of the Member's IT equipment. Responsibility Evfly cannot be held solely because of the malfunction of hyperlinks on the Site referring to third party websites or for their content, including advertisements, products, services and / or other materials available on and from said third party sites, nor for their inaccuracy.
8.4 - Evfly cannot be held liable for non-performance or poor performance of the Site, either due an insurmountable and unforeseeable act by a third party or a public force, or due to a case of force majeure.
8.5 - To the extent permitted by law and the commitments expressly made by Evfly on the Site, neither the Company nor its managers, employees or other representatives, cannot be held liable for damages, including in particular any loss of data, damage or failure to store content, income, luck or profit, indirect damage and damage to reputation, as well as any request from third parties resulting from or in connection with the use of the Site, information, content, elements or products presented on the Site and the quality and terms of the Services rendered. Evfly may cease, permanently or temporarily, to offer the Services (or any other function of the Application) to Users in general, at its sole discretion without notice and without being liable to Users.
Article 9: Termination of the relationship between the Member and Evfly
9.1 - These T & Cs will continue to apply until terminated by the User or by Evfly under the conditions set out in these T & Cs. If the User wishes to terminate the commitment which binds him/her to Evfly, he/she can do so by closing his/her Member account.
9.2 - Evfly may terminate the contract at any time if:
(i) the User does not comply with one of the terms of these T & Cs (or acts in a way that clearly shows that he/she does not intend or is unable to comply with the terms of these conditions); or
(ii) Evfly is forced to do so by law; or
(iii) Evfly is preparing to cease providing the Services to Users in their country of residence or in the country where they use the Services; or
(iv) the Services that Evfly makes available to the User are no longer commercially viable from Evfly's perspective.
When possible, Evfly may notify the interested party of this termination within a reasonable period of time.
10.2 - When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number for internal purpose only of the Company.
10.3 - User can request the removal of his/her account by sending an email to firstname.lastname@example.org . Upon further confirmation, Evfly team will delete the account and erase all data stored in the data base.
Article 11: Applicable law and general provisions
11.1 - These T&Cs constitute the agreement (as understood in the preamble) between the User and Evfly with regard to their use of the services of the Site and supersede in their entirety any previous agreements entered into between the User and Evfly and the Company.
11.2 - These T&C’s and the User's relationship with Evfly under these terms are subject to Singapore law.
11.3 - Any dispute will be subject to the jurisdiction of the Singapore competent courts.
11.4 - If any of the terms of these T & Cs is found invalid by a decision of a competent court, this will be deleted without affecting the other terms of the T&Cs. The other terms will remain valid and enforceable.