General Terms of sale and use

Preamble and legal notices

These General Conditions of Use and Sale (CGUV) apply to the software distributed on the website www.wingup.com.

 

In accordance with article n°6 of Law n°2004-575 of June 21, 2004 for confidence in the digital economy, the managers of this site www.wingup.com are:

 

Site Editor:

 

The company in its own name Wingup — Carnel Sébastien

 

Head office: 12 rue Bourbon Frétoy, 60380 Grémévillers, France

Email: contact@wingup.com

Such. : +33 (0)6 14 51 27 99

Registration number in the Trade and Companies Register of Beauvais: 912 933 645

 

Site Host:

The OVH company

Registered office: 2, rue Kellermann, BP 80157 59053 ROUBAIX Cedex 1, France

Email: support@ovh.com

Such. : +33 (0)8 203 203 63

Registration number in the Trade and Companies Register of Lille: B 424 761 419

 

Article 1: Glossary

In these T&Cs:

• The term "Wingup" refers to the company in its own name Wingup — Carnel Sébastien

• "Site" means site www.wingup.com.

• The terms "you", "your" (or any other term related to the use of the second person plural) designate the user of the Site.

 

Article 2: Purpose of these T&Cs

These T&Cs govern your use of the Site.

Use of the Site implies your unreserved acceptance of these CGUV.

These T&Cs may be modified at any time, with or without notice, by posting a new version on the Site.

Wingup reserves the right to take legal action against any person who does not comply with these T&Cs.

 

Article 3: Description of Wingup services

On the Site, you can: - evaluate the performance of your racing pigeons - follow the evolution of the performance of one or more racing pigeons - compare racing pigeons with each other, on the basis of their performance - generate Intelligent Pedigrees, based on genetic fundamentals, and highlighting the performance of racing pigeons - save time thanks to a simple and fast pedigree creation tool Wingup reserves the right to put the Site in maintenance, to modify it, or to make it inaccessible, in whole or in part, without notice.

 

Article 4: Characteristics of the use of the Site

To use the services of Wingup, you must register on the Site. 
 

Article 5: Suspension of your account by Wingup

Wingup may suspend your account for cause. In this case, Wingup will not make any refund for the current period.

Are considered valid reasons:​

• False declarations or false data

• Failure to comply with these T&Cs

• Any action or behavior that would harm the proper functioning of the Site or other users

 

Article 6: Use of data

The Site collects and saves all the data you provide.

Data relating to your personal identity is used to personalize your experience on the Site. These will be completely erased from the database when your account is deleted. Only your surname and first name will be kept if they are registered in the pedigrees of other users, so as not to delete the origins of their pigeons. Your first and last name may also be used to inform other users of changes and/or claims you have made to the pigeons you share with them in the pedigrees. See our Privacy Policy  for more information.

All data relating to pigeons or competitions will be kept, even if your account is deleted. Thus, the pedigrees of other users will not be affected by your possible departure.

When you enter data relating to pigeons or competitions, these are recorded in the collective database of Wingup. This database is participatory, and allows everyone to create the most complete pedigrees possible. Thus, Wingup provides you with access to this database to fill in your pedigrees, in exchange for which you agree to make your data available to other users, as part of the creation of their pedigrees. By using Wingup, you agree that the data you provide may be seen by other users of the Site.

In addition, you grant Wingup the right to store, use and process data relating to pigeons and competitions, free of charge and unlimited, without time limits, even after deleting your account.

Finally en using our Site, users agree to the use of Google AdSense to serve targeted advertisements. Third-party advertisers may also use cookies to track interactions with their advertisements. We are not responsible for the privacy practices or the content of these third-party advertisers. Users are advised to consult the privacy policies of these advertisers to learn more about the information collected and how it is used. We undertake to protect the confidentiality of our users in accordance with the French legislation in force.

​

Article 7: Your duties and responsibilities

1. When creating your user account, all information provided must be accurate. Accounts using a false identity will be automatically suspended, without refund.

2. If you are a minor, you must have received explicit permission to register from an adult parent or guardian.

3. You must notify us without delay in the event that you suspect that your account has been impersonated. To mitigate this risk, you should change your password regularly and keep your access data secret.

4. Your account is strictly personal and it is forbidden to use it for others, free of charge or against payment. Similarly, the creation of an account for a group of people is prohibited, regardless of the nature of the group (company, association, etc.) except with written acceptance from Wingup.

5. Hacking, infiltrating or disrupting the Site is prohibited.

6. All data you enter into your account is your sole responsibility.

7. All data entered by another user is under his sole responsibility.

8. You must behave responsibly when using the Site.

9. You must never reprimand, slander, defame, abuse or harass any other user.

10. You should only provide reliable and authentic data concerning racing pigeons and their competitions. Likewise, the names of fanciers entered in the pedigrees must be verified and correct. Random checks will be carried out in order to preserve the smooth running of the experience of users of the Site. On this occasion, you may be asked for proof such as an official ranking to prove the authenticity of the competition results.

11. When you claim a carrier pigeon on the Site, we grant you the exclusive right to modify the data concerning it. As such, proof such as a title deed and a photo of the pigeon and its ring may be requested. Claiming a pigeon that is not yours is prohibited.

12. Tampering with Wingup's database is strictly prohibited. Any use that could harm the proper functioning of the Site such as the deletion of authentic data or the addition of false data implies the suspension of your account.

13. As soon as you enter the name and surname of a third party on the Site, you guarantee that you have received their prior consent.

 

Article 8: Duties and responsibilities of Wingup

1. Through these T&Cs, Wingup informs users of the Site of their duties and responsibilities. Therefore, if a user does not respect these duties and responsibilities, Wingup cannot be held responsible. However, Wingup will do everything in its power to reduce the damage caused by a user to a third party.

2. If you are not registered on Wingup, and a user has provided your First and Last Name without your consent, you can send us a written deletion request, accompanied by a document confirming your identity, by email, at the following address: contact@wingup.com. From then on, Wingup will delete this information as soon as possible.

3. Wingup may interrupt access to digital services for an appropriate period and for good reason, such as updates to the Site.

4. Claims for damages due to service disruptions are excluded, unless Wingup is found liable for such damages due to intent or gross negligence.

5. Wingup is not responsible for any loss or modification of data by you or other users in the collective database. When a user adds data related to one of your pigeons, Wingup is responsible for informing you by email. In case of disagreement, and after having previously contacted the user who made the modification, you can contact Wingup by email at the address contact@wingup.com.

6. Wingup is not liable for damage caused by a third party having become aware of your login data.

7. Wingup does not guarantee the accuracy or completeness of the information on the Site.

8. Wingup backs up the database regularly to reduce the risk of data loss. If despite these security measures, data loss is to be deplored, Wingup cannot be held responsible.

 

Article 9: Industrial property and copyright

Any reproduction, in whole or in part, of the Site is prohibited. However, hypertext links to the site are authorized without specific request.

The Wingup trademark was registered in the trademark register of the National Institute of Industrial Property (INPI) on July 28, 2021 by Mr. Carnel Sébastien and published in the Official Bulletin of Industrial Property No. 21/52 Vol.II of December 31 2021.

As such, any use of the Wingup trademark aimed at competing with Wingup or harming its business is prohibited.

The reproduction or modification of the graphic elements belonging to Wingup is prohibited. However, the use of official graphic elements, such as the logo or other graphics specific to the Wingup brand image, is authorized insofar as these actions do not harm the activity of Wingup.

The Site is an innovation designed by Wingup of which only Wingup may make commercial use.

By accepting these terms and conditions, you acknowledge Wingup as the inventor of:

• its Wingup index, allowing the evaluation of sports performance based on running results, or reproductive performance (Children's Wingup index)

• its performance monitoring tool, based on the Wingup index

• its intelligent pedigrees, characterized as follows:

  • in accordance with the importance of the genetic links, are displayed: the pigeon, its parents, grandparents, great-grandparents, children and siblings

• the pedigrees are interactive: in a pedigree, it is possible to click on an individual and display his own pedigree

  • pedigrees are connected between users

  • pedigrees are transferable between users

  • pedigrees are based on performance above all, thanks to Wingup indices

• its racing pigeon comparison tool, consisting of Wingup indices and smart pedigrees

The use of these innovations in the context of the sale of pigeons by pigeon fanciers or by professional sellers is authorized insofar as it does not harm the activity of Wingup. Wingup's index calculations are copyrighted, meaning they cannot be generated by other platforms without express permission. In case of authorization by Wingup, the mention "Index of Wingup" must appear next to the calculated value. 

 

Article 10: Applicable law and competent jurisdiction

These CGUV are governed by French law.

In the event of a dispute over the interpretation or execution of these GCUS, the dispute will be submitted to the competent courts of Beauvais (FRANCE). If certain provisions of these GCUS are invalid, the other provisions remain valid. In this case, the contracting parties undertake to rectify the invalid provisions.