General terms and conditions of Sale and Use

PREAMBLE

This website is published and operated by Europe Mediation (hereinafter “EUROPE MEDIATION”), a simplified joint stock company with a capital of 100 euros, registered with the R.C.S. of Créteil under reference 880 237 904 and whose registered head office is located at 112 Avenue de Paris CS 60002 94306 VINCENNES CEDEX.

EUROPE MEDIATION is the owner of the www.justice.cool website, hosted by Online SAS and Amazon Web Services.

Justice.cool is a trademark registered with the INPI under the number 4401475.

On the Platform, Justice.cool offers a service to assist in the amicable resolution of disputes.

Justice.cool accompanies Parties’ actions in order to facilitate negotiations and provides a platform for discussions between the Claimant and the Opponent, in order to promote the amicable resolution of their dispute through mediation.

EUROPE MEDIATION is a mediation company performing its functions online, in compliance with the provisions of French Law n°95-125 of 8 February 1995 and Article 4 of French Law n°2019-22 of 23 March 2019. In this sense, EUROPE MEDIATION respects the essential principles of mediation, including impartiality, independence, competence, diligence, as well as the protection of personal data and the confidentiality of the discussions.

The conditions and terms of use for the services available on the Website and the Platform are defined below.

Justice.cool can be contacted via the form on the Website and at the following address: contact@justice.cool.

Article 1
Definitions

In these general terms and conditions, the words below have the following meanings:

Claim” or “Dispute” refers to the dispute filed by the Claimant on the Platform and which shall be subject to an attempt at amicable resolution between the Claimant and the Opponent.

Platform“: refers to the tool made available to Users by Justice.cool to communicate, share documents and accompany them towards an amicable resolution of their dispute at https://app.justice.cool.

Services“: refers to the whole range of services offered by Justice.cool on the Platform. These services include both Mediation and the monitoring of the Claim by Users and their Lawyers on the Platform.

User“: means any person using the Services of Justice.cool on the Website, Claimant or Opponent, and having accepted these terms and conditions.

Claimant“: means any person who has initiated an attempt to amicably resolve his Dispute on the Platform.

Opponent“: means any person who has been called upon by Justice.cool, on the initiative of the Claimant, to join the Platform in order to try to resolve the Opponent dispute with the Claimant in an amicable fashion.

Contract” or ” GTCU “: refers to the present General Terms and Conditions of Use including the terms and conditions of the mediation service offer of Justice.cool.

Parties“: refers to the Users (Claimant and Opponent) and Justice.cool.

Requests“: means requests made on the Platform by the Claimant to the Opponent, prior to the Opponent’s consent to enter Mediation.

Score“: denotes the result obtained through the Justice.cool artificial intelligence, which combines an expert system (law modeling) and a similarity-based approach for court decisions (machine learning).

Mutual Agreement Procedure” or “Mediation“: means the Dispute settlement procedure made available on the Platform, and in no way refers to a proceeding before the courts.

Personal Space“: means the account opened in the name of the User, Claimant or Opponent, at the time of acceptance of these GTCU.

Proposals“: means the Proposals issued by the Claimant to the Opponent following the reading of his/her arguments and documents.

Counter-Proposals“: refers to the Opponent’s responses to the Claimant’s Proposals.

Mediation Agreement“: means the agreement concluded between the Parties as a result of the Mediation process.

Compensation“: means all amounts owed to the Claimant by the Defendant at the end of the Mediation process.

Lawyer“: means any person duly registered with a bar association

Legal Proceeding“: means any proceeding that could be filed by a User before the relevant courts, following the failure of the Mediation Agreement.

Third-party financier“: refers to any individual or legal entity responsible for bearing the costs of proceedings for one of the Parties involved in the litigation.

Article 2
Scope of application of the general terms and conditions of use

The GTCU apply, without restriction or reservation, to all Services offered by Justice.cool on the Platform and to all Users.

When registering on the Platform, Users acknowledge, by ticking the appropriate checkbox, that they are fully aware of these GTCU and have accepted them.

Justice.cool reserves the right to modify these Terms and Conditions of Use at any time, provided the User is informed by email. If the User has not replied within seven (7) days of receiving the informative email, the latter is presumed to have agreed to be bounded by the modifications, which will therefore be applicable to the current Contracts.

The GTCU are written in French and can be translated into any language on the Platform by Justice.cool.

These Terms and Conditions are made available to Users on the Platform, where they can be directly accessed.

If any provision of these Terms and Conditions is or becomes inefficient, illegal or unenforceable, the validity of the remaining provisions is not affected.

The fact that Justice.cool does not avail itself, at a given time, of any provision of these GTCU cannot be considered as a waiver of the right to later avail itself of the same GTCU.

Article 3
Purpose of the general conditions of sale and use

The purpose of these GTCU is to define the contractual relationship between the Users and Justice.cool as well as to determine the rights and obligations of Parties within the use of the Services provided on the Platform.

The GTCU define the terms and conditions of use of such Services.

Article 4
Description of services

On the Platform, Justice.cool offers an online Mediation Service allowing anyone to request the resolution of a dispute through amicable means.

Justice.cool provides Users with an Amicable Dispute Resolution Platform, allowing them to communicate with each other and to exchange any useful information in order to try to resolve their Dispute.

Justice.cool also provides Users with an assessment of the legal relevance of the Claim. This assessment is based on two combined principles:

  • An expert system (law rule modeling)
  • A similarity approach to case-law (artificial intelligence/machine learning)

The set of tools available on Justice.cool is designed by legal experts, developed by engineers and validated by lawyers.

The Mediation Services provided by the Platform are made available using algorithmic and automated processing under the supervision of Justice.cool’s legal experts, which the Users accept under the present Terms and Conditions.

The Platform’s Services are usually accessible by the User 24 hours a day, 7 days a week (24/7) and all year round, except in the event of a voluntary or involuntary interruption, regardless of the cause. This may well include maintenance. Given that its activity is subject to an obligation of means, Justice.cool cannot be held responsible for any physical, material, financial or moral damage caused by the temporary unavailability of the Platform.

Article 4.1
Services provided in the context of the Mediation Agreement

Within the Amiable Procedure framework, Justice.cool intervenes by providing a Mediation Platform.

After having filed a Claim on the Website, the Claimant is redirected to the Platform so that he can register and accept the present Terms and Conditions of Use.

Justice.cool determines the score of the Claim, according to the conditions outlined on our mediation terms page and in these GTCU. Justice.cool invites the Opponent to join the Platform in order to try to resolve the Dispute amicably, by sending an invitation letter to enter Mediation. Justice.cool also allows the Claimant to invite other Claimants to join its Dispute, as detailed below.

The Platform made available by Justice.cool enables discussions with the Opponent who has agreed to join the Platform.

In the case of an amicable resolution, Justice.cool will allow the Parties to settle and sign a Mediation Agreement.

Article 4.2
Services provided in the case of potential legal proceedings

If the Mediation process fails, Legal Proceedings may be initiated by one of the Users, Claimant or Opponent.

Justice.cool will at no time represent the Claimant, nor the Opponent, in court, in compliance with Article 4 of French Law No. 71-1130 of December 31, 1971 on the reform of certain judicial and legal professions.

Throughout the Legal Proceedings, the Parties to the dispute may resort to a third party to finance the proceedings.

If they wish, Parties will be able to authorize Justice.cool to grant access to their Claim on the Platform to the Lawyers representing them.

Each Party may authorize its Lawyer to access the personal information transmitted by it prior to the Mediation. These documents are not subject to confidentiality since they will have been transmitted prior to the Mediation.

The Parties may also authorize Justice.cool to grant access to the contents of the Mediation and to the specific documents of the Mediation, which are subject to confidentiality, to the Lawyers of each Party. Each User may waive the confidentiality of the information and documents provided by him/her during the Mediation, thus allowing the Lawyer of his/her choice to access them.

Article 5
Access to services

Article 5.1
Formulation of the Dispute by the Claimant

The Claimant is to file the Dispute on the Website by filling out a form that clearly identifies the Dispute, legally qualifies the facts and identifies eligible Claims.

Article 5.2
Identification of the Claimant

Once the Dispute has been identified and detailed, the Claimant will be required to identify himself/herself on the Platform through the following means:

Article 5.2.1
By using his/her Facebook account or his/her Gmail account

He/She will then have to enter his/her Facebook or Gmail account username and password.

Article 5.2.2
By creating a new Personal Space on the Platform

In order to create a user account on the Platform, each User must fill in the following information:

  • Email address
  • Password

Justice.cool will send the User a confirmation of his/her subscription to the given email address and summarize the main elements of the Dispute.

The User will be free to change his/her password and will bear sole liability for creating a password that is sufficiently secure to access the Platform and is solely responsible for a possible untimely disclosure and for the use that could result from such a disclosure.

The User must commit to keeping his/her password secret and to never disclosing it to a third party. He is solely responsible for the access to his/her Personal Space.

The User must take care not to reuse his/her Justice.cool account password in third party applications. If the User discovers that his/her password or his/her Justice.cool account has been subject to unauthorized use, he must notify Justice.cool as soon as possible at the following e-mail address contact@justice.cool.

The User commits to providing accurate, valid, current and true information and is solely responsible for the information provided by him/her when filling in the form.

The User must use the Services in compliance with applicable laws and regulations. The User must use the Services in good faith, seeking to reach a satisfying amicable solution.

In case of suspicion of a deliberately inappropriate or fraudulent use of his/her account, the User may see his/her access to the Service suspended after an email alert. If the fraudulent or deliberately inappropriate use of the Service is confirmed, Justice.cool may stop providing its Services to this User.

Any violation of these Terms and Conditions may result in legal action.

Article 5.2.3
By entering his/her username and password on the Platform

The User will be able to access his/her Personal Space by using the username and password of his/her user account.

Article 5.3
Score

Once the Dispute has been registered and the Opponent has been identified by the Claimant, the latter will be assigned a Score.

The Score received is both global, covering all Requests, and detailed for each Request.

The Score considers the elements provided by the Claimant concerning the Dispute, the current regulations and the court decisions rendered in situations similar to the one reported by the User.

On the one hand, the Score is computed using an expert law modeling system developed by a team of legal experts, engineers and attorneys. On the other hand, the Score is weighted by a machine learning algorithm based on a similarity analysis of a significant number of court decisions from different jurisdictions.

The algorithm created by Justice.cool is protected by “business secrecy” as defined by Article 2 of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of know-how and undisclosed commercial information (business secrets) against unlawful acquisition, use and disclosure.

The Justice.cool Score is not a court decision, nor is its legal advice or a mediation decision. The Justice.cool Score does not claim to be exhaustive: it reflects a statistical analysis of the situation with respect to the law and case law and does not presume of the actual outcome of a dispute. This Score is to be sensibly used by Users as no more than an indicator and does in no way bind either Justice.cool or the Users.

Article 6
Conduct of the procedure

Article 6.1
Agreement to the general terms and conditions of sale and use

Before initiating any Mediation Procedure, the Claimant must accept these General Terms and Conditions of Use without reservation, by ticking the appropriate checkbox.

Article 6.2
Finalization of the file

Article 6.2.1
Claimant Information

In order to complete his/her file and engage in Mediation, the Claimant must fill in the following details in his/her Personal Space:

  • First name
  • Name
  • Mailing address

Article 6.2.2
Opponent information

In order to initiate a Procedure on the Platform, the Claimant shall provide the Opponent’s identity, at least including:

– For a natural person:

  • Name
  • First name
  • Postal or e-mail address or telephone number

– For a legal person:

  • Corporate name
  • Address of the company’s head office
  • Email of its contact (if any)

Justice.cool ensures the strict confidentiality of these details, the processing of which will comply with Regulation No. 2016/679 of 14 April 2016 on the protection of personal data.

Article 6.2.3
Transmission of documents

The Claimant may provide all relevant documents in support of his/her Claims. These documents are to be uploaded by the Claimant on his/her Personal Space.

Justice.cool ensures the strict confidentiality of these details, the processing of which will comply with the regulation n°2016/679 of April 14, 2016 relating to the protection of personal data.

Article 6.2.4
Invitation of other Claimants

The Claimant may add one or more Claimants to the Dispute. Such Claimants would be deemed informed of the Mediation initiated by the Claimant.

Invited Claimants may join the Platform as well as partner with the Claimant regarding one or more of his/her Claims. Invited Claimants must log in and fill in the relevant form.

Justice.cool denies any liability for any consequences related to the intervention of a third party who is not entitled to make a Claim in the name and on behalf of the Claimant.

The Claimant will receive a confirmation email when his/her file is completed.

The Score may change according to the documents and information provided by the Claimant once the first Score has been set.

Article 6.3
Conclusion of the Mediation Contract

The Mediation Contract consists in the present GTCU.

Under the terms of the Contract, the Claimant appoints Justice.cool as mediator of the dispute. In this capacity, Justice.cool is empowered to:

  • Contact the Opponent and invite him to try to amicably resolve the dispute on the Platform
  • Monitor the Amiable Procedure
  • In the event of failure of the Mediation process, and with the Parties’ authorization, provide the relevant documents to the Lawyers by giving them access to their client’s file on the Platform.
  • Upon the express request of both Parties to waive the confidentiality of the Mediation, the Lawyers will receive the contents and documents related to the Mediation.

The GTCU will be accessible in their current version when accepted by the Users. Any subsequent changes will be notified to the Users under the conditions set out in Article 4 hereof.

Article 6.4
Conduct of the Mediation

Article 6.4.1
Mail sent to the Opponent by Justice.cool

Following the finalization of the file, Justice.cool will contact the Opponent according to the means chosen by the Claimant, requesting his/her registration on the Platform in order to try to resolve the Dispute with the Claimant in an amicable fashion. This letter will contain:

  • The Claimant’s and Opponent’s identities, as well as that of Justice.cool
  • A description of the Mediation Procedure offered by Justice.cool.
  • The main elements of the Dispute and the Claimant’s Requests
  • An invitation to join the Platform in order to try to reach an amicable agreement with the Claimant.

The Claimant will have to select the mailing method of the Claim sent to the Opponent, which can be done:

  • Free of charge: by email, to the email address given by the Claimant, or otherwise, and especially when the Opponent is a legal entity, to the address publicly given by the Opponent.
  • For a fee: by registered mail with acknowledgement of receipt, at the price indicated on the Platform.

The Opponent will be given 60 days to join the Platform, by clicking on the link indicated in the letter/email sent to him/her. During this period of time, reminders will be sent automatically, first by email and then by SMS to the Opponent, once his/her contact details are filled in, and the Claimant will be able to remind the Opponent himself/herself, via the “Message” tab of his/her Personal Space.

No response from the Opponent: if the Opponent fails to reply within 60 days, the Claimant may choose to use other means to resolve the Dispute, such as debt collection or legal proceedings. In this case, Justice.cool may pass on, with the consent of the Claimant, useful information to third parties in charge of the payment of the legal proceedings or to Lawyers appointed by the Claimant.

In the case of the Opponent’s registration on the Justice.cool Platform and the acceptance of these Terms and Conditions, the process of amicable resolution of the Dispute may begin.

Article 6.4.2
Registration of the Opponent on the Platform

To engage in the Mediation Procedure, the Opponent must create an Account on the Platform, in accordance with the conditions stipulated in Article 5.2.2 of these GCVU. He/She will then have access to his/her Personal Space and become a Party to the present Mediation Contract.

Article 6.4.3
Opponent’s information and documents

Upon accessing his/her Personal Space, the Opponent will have access to all the information provided by the Claimant to qualify the Dispute. The Opponent may confirm, deny or amend the facts of the Dispute. The Opponent may provide the required supporting documents.

Once the Claimant and the Opponent have expressed their views on the facts of the Dispute, they may, with the support of the Justice.cool, engage in a negotiation phase with respect to the Claimant’s initial Requests.

Article 6.4.4
Confidential negotiation of a Mediation Agreement

The elements provided by the Claimant and the Opponent will be made accessible on the Platform to both of them. On this basis, they will be free to discuss and negotiate in full transparency towards the signature of a Mediation Agreement.

The Claimant shall first put forward Proposals based on his/her initial Requests and the dialogue with the Opponent.

The Opponent responds by accepting, rejecting or amending these Proposals by formulating Counterproposals when necessary.

The Claimant may then accept or refuse all or part of these Counterproposals.

The Claimant and the Opponent may request a mediation appointment over the phone or by videoconference with one of Justice.cool mediators, by clicking on the appropriate button in the Claimant’s or Opponent’s Personal Space.

The confidential negotiation of the Agreement lasts 60 days, except in exceptional cases and at the express request of both the Claimant and the Opponent, who may decide by mutual agreement to extend this period.

Confidentiality is at the heart of Justice.cool’s operation. Once in mediation, the Claimant and the Opponent will be protected by the strictest confidentiality. Only with their respective consent can the confidentiality of the information and documents submitted by a User during the Mediation be lifted.

Except with the explicit agreement of each User, Justice.cool cannot testify, in front of any authority whatsoever, on the progress or the content of the amicable resolution and the negotiations it has led to.

Except with the explicit agreement of each of the Users, Justice.cool cannot provide a Lawyer with any information regarding the content of the amicable resolution and the negotiations it has led to.

Article 6.5
Outcome of the Mediation

Article 6.5.1
Success of the Mediation

  • Signature of the Mediation Agreement

If the Claimant and the Opponent agree on the outcome of the Dispute, they are to validate the Proposals and Counterproposals, which shall then be formalized in a Mediation Agreement, drafted on the basis of the arguments of the Claimant and the Opponent.

This Mediation Agreement will be signed by the Claimant and the Opponent by electronic signature, via an appropriate platform.

  • Execution of the Mediation Agreement

Once the Mediation Agreement has been finalized and signed, the User who owes an obligation commits to performing such obligation as quickly as possible.

Should the Mediation Agreement concern a payment obligation, the User who is in debt must settle the payment on EUROPE MEDIATION’s bank account, with the communicated bank details.

EUROPE MEDIATION will then transfer the amount owed to the other User.

Article 6.5.2
Failure of Mediation

  • Mediation fails to succeed

If the Opponent fails to answer to the invitation to enter Mediation, or if this Mediation fails following the discussions between the Parties, Justice.cool will send a report on said failure to the Claimant and the Opponent.

The Users will then be able to choose whether or not to initiate legal proceedings.

  • Transition to legal proceedings or debt collection

In the absence of a Mediation Agreement signed between the Parties by the end of the 60-day period following the beginning of the Mediation, unless the Users have extended this period, they may choose to initiate legal proceedings or to resort to a debt collection and/or procedure financing company.

If Mediation fails, the Claimant or the Opponent may choose to initiate legal proceedings, through a debt collection company and/or a Lawyer. He or she may then authorize this finance company and/or his/her Lawyer to access his/her file in a dedicated section on the Platform.

It is hereby specified that the information and documents exchanged in the context of the Mediation may only be accessed with the express agreement of the Claimant and the Opponent.

Article 7
Costs

Justice.cool’s fee is a flat fee. The price of the Mediation is indicated on the Website.

The Mediation fee will be paid by the Claimant upon signing this Agreement.

The Mediation Agreement may allow each of the Parties to bear the costs of Mediation according to their agreements.

Justice.cool commits to reimbursing the Price of the Mediation to the Claimant, excluding shipping costs by registered mail with acknowledgement of receipt (via the mysendingbox.fr website, fixed cost of 6.77 euros excluding attachments), when this option has been chosen by the Claimant and in case of failure of the Mediation, i.e. :

  • If the Opponent has not accepted the invitation to join the Mediation within the 60-day period allowed
  • If the Users have exchanged during the planned duration of the Amiable Procedure but have not reached the signature of the Mediation Agreement

However, Justice.cool will not reimburse the Mediation costs if the failure of the Mediation is solely due to the Claimant’s behavior, and especially when the request for Mediation is abusive, if the latter refuses to answer the Opponent or generally does not carry out the necessary diligence for a successful Mediation.

Likewise, no reimbursement shall be due to the Claimant in the event of a breach of any of its obligations hereunder.

Article 8
Right of withdrawal

The right of withdrawal granted to the Claimant pursuant to Article L121-21 of the French Consumer Code is of fourteen (14) clear days from the conclusion of the Mediation Contract, i.e. from the date Justice.cool receives the contract signed by the User.

The Claimant’s withdrawal from the Contract will free Justice.cool from all of its obligations under the Contract.

To exercise his/her right of withdrawal, the Claimant must fill out the withdrawal form attached to these GTCU or use the appropriate functionality in his/her personal space. Withdrawal will not be considered until the withdrawal form has been completed and sent in full.

If the Claimant wants the Services offered by EUROPE MEDIATION to begin before the end of the fourteen (14) day withdrawal period mentioned above, the Claimant may make an express request in accordance with Article L. 121-21-5 of the French Consumer Code, on paper or a durable medium. If the Claimant exercises his/her right of withdrawal within the fourteen (14) day period, despite his/her express request to start the execution of said services before the end of this period, he/she commits to compensate Justice.cool up to 15 euros.

Article 9
Obligations of Justice.cool

Justice.cool commits to carrying out its mission of amicable settlement of disputes with impartiality, independence, competence and diligence, in accordance with Article 4 of French Law No. 2019-222 of March 23, 2019. The ethics policy of Justice.cool is driven by these principles and is inspired by the code of ethics and deontology of mediators.

The Claimant acknowledges that the contractual obligations of Justice.cool are merely obligations regarding the means used and that Justice.cool can in no way guarantee the success of the amicable or judicial resolution of the Dispute.

Justice.cool commits to carrying out the amicable settlement of the disputes that are put forward, in accordance with its ethics and confidentiality policy. The Mediation Services offered by Justice.cool are understood as a structured process by which two or more parties attempt to reach an agreement to amicably resolve their differences, with the help of a third party of their choice: the mediator.

  • Independence

Justice.cool is independent from any authority, be it state, cultural, economic, ideological, religious or judicial.

Justice.cool is an independent Platform from public authorities, private companies and associations. The interests of the aforementioned entities do not intervene in any way in the way Justice.cool handles the disputes submitted to it.

Justice.cool does not take any instructions from anyone and only offers its services to the parties to the dispute. In the context of mediation, the sole purpose of Justice.cool is to find a satisfactory solution for the parties to the dispute submitted to it.

  • Impartiality

Justice.cool is careful not to bring its own values, beliefs, knowledge, certainties or experiences into discussions with the parties.

Justice.cool conducts the negotiations entrusted to it with the impartiality that results from an assessment of the regulations, case law and facts reported to it.

  • Privacy

Justice.cool commits itself to respecting the confidentiality of the statements made by the Users during the mediation.

Confidentiality is at the heart of Justice.cool’s operation. Once in mediation, Users are protected by the strictest confidentiality. Only the consent of a User, Claimant or Opponent, can lift the confidentiality of the information and documents provided by him/her during the Mediation.

The confidentiality to which Justice.cool is bound is valid vis-à-vis all interlocutors outside the dispute but not between the parties to the dispute.

All statements made by a party to the dispute, whether on the Platform or in its dealings with Justice.cool, will be shared with the other User with the utmost transparency.

Without the explicit agreement of both parties, Justice.cool cannot testify, in front of any authority whatsoever, on the progress or the content of the amicable resolution and the negotiations it has led to.

Without the explicit agreement of both parties, Justice.cool cannot provide a lawyer with information regarding the content of the amicable resolution and the negotiations it has led to.

In any case, Justice.cool can in no way report the statements that would have been made before it as trustworthy things or events.

All documents provided by the Users before entering the Mediation process, and which are used to evaluate the Score, may be made available to the Users’ Lawyers if they request it in the context of a legal proceeding.

The Services offered by Justice.cool cannot be assimilated to a legal consultation or legal advice.

Justice.cool can in no way be held responsible for the uncertainties that may affect the outcome of the amicable resolution of the Dispute or any subsequent legal proceedings.

Article 10
Obligations of the User

The User declares to have the capacity to enter into this present Contract, i.e. to be of legal age and not to be under guardianship or curatorship, or otherwise to be regularly represented.

An under-age User can be represented by his/her legal representative.

The User commits to providing every document or information requested by Justice.cool as soon as possible, and guarantees that such information is real, accurate, authentic and not misleading.

The parties to the Mediation have a legal obligation to demonstrate good faith and loyalty.

Justice.cool demands that Users agree to the strictest confidentiality of the amicable resolution. Unless Users expressly agree to lift the confidentiality, the choice of Mediation binds them to the strict confidentiality of discussions. Users may not refer to the content of the Mediation in order to argue their Dispute before any authority whatsoever.

Users agree not to reuse the documents provided by Justice.cool in the context of another dispute.

During discussions between Users, each User agrees not to say anything that could

  • Harm or be contrary to public order, morality, or offend the sensibilities of minors;
  • Infringe in any way whatsoever upon the rights to reputation, privacy, image of a third party;
  • Be derogatory, defamatory, harm the image or reputation of a brand or any other individual or legal entity;
  • Present a pornographic or pedophilic character;
  • Undermine the security or integrity of a State or territory, whatever it may be;
  • Allow third parties to acquire pirated software, software serial numbers or any software that may harm or infringe, in any way whatsoever, upon the rights or property of third parties;
  • Violate the intellectual property rights of any person whatsoever;
  • Incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity;
  • Incite to commit a crime, a misdemeanor or an act of terrorism;
  • Incite discrimination against a person or group of persons because of their ethnicity, religion, race, sexual orientation or disability;
  • Advocating a questionable or fraudulent practice;
  • Include a hyperlink or advertise or promote a company, brand, website, blog or forum;

in order to ensure that the amicable resolution of Disputes takes place in optimal conditions which guarantee the respect of the rights of each User.

At any stage of the procedure, Users may report to Justice.cool if they are subject to insults, insults, threats or remarks that violate human dignity. Such remarks are prohibited by these Terms and Conditions and Justice.cool will remove such remarks as soon as it becomes aware of them.

The User agrees to comply with the following conditions regarding the registration and security of his/her account:

  • Do not provide false personal information on Justice.cool and do not create an account for another person without his/her permission;
  • Create only one personal account. Should someone wish to create an account for private disputes and an account as a representative of a legal entity, they must provide separate email addresses, postal addresses or phone numbers;
  • Do not recreate an account on Justice.cool when the administrators have deleted an account due to fraudulent or aggressive behavior;
  • Do not misuse Justice.cool by initiating disputes that do not involve a violation of the law or whose consequences are clearly insufficient to give rise to compensation. The assessment of disputes using artificial intelligence is specifically designed to filter out claims that are not serious or that are clearly unfounded;
  • Do not use Justice.cool for compensation purposes. Justice.cool does not intend to offer its services to provide Users with a regular income through systematic and automatic claims. The assessment of disputes using artificial intelligence is specifically designed to filter out claims that are not serious or that are clearly unfounded. You will not primarily use your personal diary for commercial purposes;
  • Do not use Justice.cool without being accompanied by a legal representative if the user is under 18 years of age. The minor must include in his/her Claim the relevant documents mentioned in the form;
  • Users’ contact details must always be accurate and up to date;
  • Do not do anything on Justice.cool that may violate the rights of others or the law.

Article 11
End of the Contract

Article 11.1
Termination of the Mediation Contract by the signing of the Mediation Agreement

The Contract is concluded for a fixed period of 60 days from the acceptance of these GTCU, unless extended by mutual agreement between the Claimant and the Opponent, and ends when

  • The Mediation Agreement is signed by the Parties
  • Justice.cool acknowledges the failure of the Mediation, due to a lack of response from the Opponent or a failure of the discussions.

Article 11.2
Termination of the Mediation Contract by unilateral termination

Each of the Parties has the right to unilaterally terminate the Mediation Contract and thus to end the amicable resolution procedure, after notification to the Parties, in the following situations:

  • In the event of a contravention of these GTCU by one of the Parties
  • Initiation of reorganization or liquidation proceedings of one of the Parties

Cancellation must be made by email and the reasons for such a cancellation must be given. Termination shall take effect upon the receipt of the e-mail notification by the other Parties.

Unilateral termination on the part of Justice.cool will not give rise to a refund of the Mediation fees paid by the Users.

Article 12
Liability of Justice.cool

Justice.cool commits to doing its utmost to support the amicable resolution of the Dispute between the Claimant and the Opponent. However, Justice.cool cannot guarantee the outcome of the Mediation Procedure.

Thus, Justice.cool will not be responsible for the failure of the Mediation, or for the refusal of a User to execute the Mediation Agreement. Therefore, no compensation may be claimed by Users from Justice.cool.

The liability of Justice.cool cannot be engaged in case of non or poor performance of its obligations, be it due to the fact of a User, to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.

Justice.cool can in no way be held responsible for the use that may be made of its Services, nor for any direct or indirect damage caused to a User or third parties, nor even for any direct or indirect damage caused to the software (software, data, programs, files…) or hardware (hardware, cable, network…) of a User or of third parties.

Justice.cool cannot be held responsible for the unavailability of its Website or its Services due to a case of force majeure as defined by the common law, nor for unavailability due to outside elements beyond its control.

Justice.cool cannot be held responsible and no compensation could be claimed in case of non-restitution, disappearance following a fire, loss or any other cause resulting from a case of force majeure, for the documents that would have been entrusted to it.

In the event of an action brought against us by a third party following the conduct of a User, the latter will compensate and protect Justice.cool from any damage, loss or expense, including any reasonable lawyer’s fees, related to this action. Although Justice.cool sets rules of conduct for its Users to demonstrate good faith, loyalty and respect, Justice.cool cannot control the conduct of such Users on and off its Platform. Justice.cool is in no way responsible for offensive, inappropriate, obscene, illegal or otherwise shocking content or information that Users may post on the Platform without its knowledge.

Justice.cool tries to make the Platform safe, but Users use it at their own risk. In any case, Users expose themselves to legal proceedings when they engage in a mediation procedure and file a dispute on the Platform. Justice.cool is a tool that provides access to legal services and, as such, is likely to be part of legal proceedings, in a more or less direct way. Justice.cool is provided “as is” without a warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Justice.cool is a dispute resolution platform that hosts conflict situations and Justice.cool does not guarantee that the Platform will always be safe, secure or error-free. Justice.cool is not liable for any complaints or damages, known and unknown, arising from or related to complaints or damages against such third parties. Depending on the use that Users make of the Platform, the total aggregate of liability of Justice.cool shall not exceed the amount paid by the User during the previous twelve months.

Justice.cool shall not be held responsible for the uncertainties that may surround the outcome of the amicable resolution of the dispute nor for any subsequent legal proceedings.

Justice.cool is not an entity whose activity is to offer access to communication services to the online public as understood by the French Law n° 2004-575 of June 21, 2004 for the confidence in the digital economy. The statements made by users on the platform are not intended to be disseminated to the public and are, on the contrary, protected by a data protection and confidentiality policy. Under no circumstances shall Justice.cool engage in publishing or editing activities and Justice.cool cannot be held responsible for the statements made by Users while using the Services of Justice.cool.

In accordance with article 15 of the French Law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, Justice.cool can exempt itself from all or part of its liability concerning a non-performance of its contractual obligations by proving that the non or poor performance of the contract is attributable, either to the buyer, or to the fact, unforeseeable and insurmountable, of a third party unrelated to the provision of the services provided under the contract, or to a case of force majeure.

Article 13
Complaints

Any complaint made by the User against Justice.cool must be formulated (with explanatory statements), via the contact form or via email at contact@justice.cool, explaining the reason for your complaint.

Article 14
Protection of personal data

Pursuant to the French Data Protection Act of 6 January 1978, the Act of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, all personal information requested to the User is necessary for the effective processing of the Claim and is intended for the services of Justice.cool and its partners. They are adequate, relevant and not excessive in view of the purposes for which they are collected. This information is strictly confidential and is treated in a fair and lawful manner.

The User hereby consents to the automated processing of the personal data that he/she has provided to Justice.cool on the Website and the Platform.

The User has the right to access, rectify and delete any of his/her personal data. This right can be exercised by sending an email to the following address: contact@justice.cool.

Justice.cool keeps all the provided data for a duration that does not exceed the time necessary to fulfill the purposes for which they are collected and processed.

The data provided by the User via the platform will be kept as long as the User has not/will not have deleted his/her account, in order to facilitate subsequent legal or administrative procedures. In the event of legal proceedings, the data may be kept for several years because of the time required by the courts to process such claims.

By providing Justice.cool with his/her personal data, the User authorizes their use within the framework of this present agreement.

In order to ensure the security of the personal data provided by the Users, they will have to respect the security rules recommended by the CNIL in compliance with the law and in particular:

  • Report to the internal IT department any suspected or attempted violation of its computer account and more generally any malfunction;
  • Never communicate their password to others;
  • Never store their passwords in an unencrypted file, on paper or in a readily accessible place by others;
  • Never save passwords in their browser without a master password: never use passwords that are linked to them (name, date of birth, etc.) and never use the same password for different accesses;
  • Never keep default passwords;
  • Never e-mail their own passwords to themselves;
  • Not install, copy, modify or destroy software without authorization;
  • Lock their computer as soon as they leave their workstation;
  • Not access, attempt to access, or delete information if it does not fall within the scope of the user’s duties;
  • Respect the procedures previously defined by the organization in order to supervise the copying of data on removable media, by first seeking permission from the hierarchical superior and by respecting security rules.

For more information, Users may visit the Protection and Confidentiality page and send an email to data@justice.cool.

Article 15
Online signature service

Justice.cool uses DocuSign’s services to enable Users to sign documents online.

DocuSign’s digital signature solutions comply with the technical requirements of the Advanced Digital Signature and the Qualified Electronic Signature (QES) within the meaning of the “eIDAS” Regulation No. 910/2014 of July 23, 2014.

All DocuSign services are certified by TUVIT according to the ETSI standard.

DocuSign is a Qualified Trust Service Provider and is listed in the European “Trust List”. DocuSign uses digital certificates to sign all types of documents. DocuSign is an ANSII certified provider of RGS*, RGS** and RGS*** authentication keys and signatures.

Article 16
Intellectual Property

All elements on the Website and the Platform, whether visual or audio, including the underlying technology, are protected by intellectual property rights.

Justice.cool has the exploitation rights for all these elements.

As such, Justice.cool is the owner of all copyrights relating to the letters and their copies addressed to the Opponents.

By this Contract, Justice.cool does not transfer any ownership rights on the letters, or any other documents addressed to the Parties.

“Justice.cool” mailings and the whole content of its website (text, graphics, logos, buttons, images, icons and software components) are its exclusive property.

The User is strictly forbidden to make any reproduction, representation or distribution, even partial, of any element that is an integral part of the Website.

The User is also required to refrain from reproducing or disseminating the paper and electronic mail templates designed by Justice.cool and sent to the User as part of the execution of the Contract.

The algorithm created by Justice.cool is protected by the “litigation secrecy” as defined by article 2 of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of know-how and undisclosed commercial information (litigation secrecy) against unlawful acquisition, use and disclosure.

Article 17
Applicable law and attribution of competence

These GTCU are regulated by French law. They are written in the French language.

Pursuant to Article L 141-5 of the French Consumer Code, the consumer may, at his/her choice, and in addition to one of the territorially competent jurisdictions under the French Code of Civil Procedure, bring the matter before the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, any consumer may resort to the mediation service for consumer disputes related to the Services of the www.justice.cool website.

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted to Justice.cool, by any written means.

In the absence of an amicable resolution of the dispute, the matter may be brought before the Service du Médiateur, the competent authority under French law.


ANNEXES

RETRACTION FORM

Please complete and return this form only if you wish to withdraw from the Contract.

For the attention of EUROPE MEDIATION:

112 AVENUE DE PARIS – CS 60002 – 94306 VINCENNES CEDEX

I hereby inform you of my withdrawal from the contract relating to the Compensation Claim made on your website on ………………………… , confirmed by e-mail on ………………………. and which was concluded with the acceptance of the present Terms and Conditions on …………………………….

Name(s) of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date: