Privacy Policy

PREAMBLE

These Terms and Conditions are entered into between:
- Parklink Development Ltd, whose registered office is located at Room 1201, Allied Kajima Building, 138 Gloucester Road - Wanchai, Hong Kong, registered with the Hong Kong Companies Registry under number 2110561, represented by its current legal director residing in this capacity at the said office,
- and any professional wishing to subscribe to the Services, hereinafter referred to as "the Customer",
together "the Parties".
The Client declares that it has the legal capacity to commit itself or its company and to contract, in particular on the website www.rebadge.services, hereinafter referred to as "the Site".

ARTICLE 1. DEFINITIONS

"Box": the box ordered by the Customer, necessary for the provision of the Services.
"Customer": any person, natural or legal, private or public law, having access to the Services under these Terms and Conditions.
"Account": the Customer's account, a personalized online space accessible on the Site after identification of the Customer, allowing in particular to consult its copies and its billing
"Editor": Parklink Development Ltd.
"Software": the software included in the Rebadge boxes
"Services": all the services offered by the Editor, including the duplication of contactless residential access badges, using in particular the Mifare standard. The Services are available for each Box until the termination of these Terms and Conditions.
"Website": the website published by the Publisher, accessible at http://www.rebadge.services.

ARTICLE 2. PURPOSE

The purpose of these Terms and Conditions is to define the terms and conditions under which the Publisher provides the Customer, who accepts it, with the Services.

ARTICLE 3. ENTRY INTO FORCE - SCOPE

The Parties agree that their relations will be governed exclusively by these General Conditions, hereinafter the "General Conditions", which are available on the website www.rebadge.services.
. Any subscription to the Services offered on the website www.rebadge.services implies the consultation and prior acceptance of these General Conditions.
Consequently, the Customer acknowledges that he/she is perfectly aware of the fact that his/her agreement concerning the content of these General Conditions does not require the handwritten signature of this document, insofar as he/she wishes to access the Services online.
When the Account is created, this acceptance will be confirmed by ticking the box: "I accept the General Conditions of use of the service". Checking the box will be deemed to have the same value as a handwritten signature by the Customer.

ARTICLE 4. DURATION

The Services are provided to the Customer from the creation of his Account, and until the termination of these Terms.

ARTICLE 5. USE AND PROVISION OF SERVICES

5.1. Access to the Services

The Services are only offered to Customers who have a Box connected to the Internet.
It is the Customer's responsibility to ensure that the Box is connected to the Internet.
The Services include, by way of example only:
- the production of copies of contactless badges,
- the sale of accessories linked to the Box,
- the management of the Boxes,
- the monitoring of invoicing.
They are presented in greater detail on the Site.

5.2. Support

Le serviceclientèle est accessible par courrier électronique à l’adresse : <ahref=”mailto:support@rebadge.services”>support@rebadge.services

5.3. Modification of the Services

The Editor reserves the right to make any changes and improvements to the Services as it sees fit, particularly in relation to technical developments.
. Furthermore, the Editor reserves the right, without prior notice or compensation, to temporarily suspend access to the Services in order to carry out maintenance operations related to technological developments or necessary for the continuity of the Services.

ARTICLE 6. PRICE - PAYMENT

6.1. Prices

The use of the Services entails copying fees, which are invoiced to the Customers for each use. The applicable prices are those displayed on the Site on the day of the order. The copy fees are never free except for those incurred by the loan boxes.
These prices can be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and are not effective for the future. The prices indicated on the site are in euros, excluding tax, unless otherwise stated.

6.1.1 Technical interventions

In the event that the Publisher needs to perform a technical intervention (repair, support, etc.) whose source of the problem is not related to a material defect of the Publisher, the Publisher may, at its discretion, charge for the above intervention, a fee of 50EU excl. tax per hour, with a maximum of 150EU per incident. This fee will be added to the current invoice.

6.2. Invoicing - Payment

The Customer will only be charged when the copy is a verified perfect clone. The Publisher will not charge any fee in the event that a copy does not result in an identical clone. All invoices are final. Invoicing of Service fees will be made by the Publisher at the end of the month. Any invoice is due by the Customer before the 5th of the following month. A reminder by e-mail or SMS will be sent to the Customer.
The Customer may pay through HSBC by bank transfer or by credit card. Failure by the Customer to pay the said invoice to the Publisher within 15 days will result in the automatic interruption of the Service, until full payment of the invoice concerned. In addition, the Customer shall owe the Publisher a late payment penalty equal to three times the legal interest rate in force, calculated on the amount due, including tax, and running from the due date of the price without any prior notice of default being required. In addition to the late payment indemnities, any default in payment will automatically lead to the application of a fixed indemnity of 40 € for collection costs (articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).
It is specified that the Publisher has no access to any data relating to the Customer's means of payment.

ARTICLE 7. OBLIGATIONS OF THE PUBLISHER

7.1. Nature of the Publisher's obligations

The Editor is only responsible for the means concerning the Services.

7.2. Scope of the Publisher's obligations

The Editor undertakes to provide only the Services presented on the Site, and this exclusively from any other service.
Thus he is not responsible, in particular, for the functioning and the security of the Internet connection of the Box.
More generally, the Publisher shall not be held responsible for elements beyond its control and for any damage that may be suffered by the Customer's technical environment and in particular his computers, software, network equipment (modems, telephones...) and any equipment used to access or use the Services.
As the Services are linked to the existence of an Internet connection, the Editor cannot guarantee the absence of modification, intrusion, alteration, unavailability of the Services operated by a third party (person, virus, ...).
The Publisher undertakes to make its best efforts to ensure the 24-hour availability of the Services.
It does not have any accessory obligation of security of the data of the copied badges or of advice.

7.3. Responsibility of the Publisher

The Publisher shall not be liable in the event of force majeure or fault on the part of the Client, as defined in this article.

7.3.1. Force majeure

For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of the transmission networks, collapse of installations, illicit or fraudulent use of the passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the host of the Site or to the developers, unauthorized use of the Site, or the failure of the Site to provide the Service, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, breach of security by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

7.3.2. Customer's fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or his agents, non-payment of invoices due, failure to use blank ReBadges, failure to follow the advice given by the Publisher on the Website, as well as the provision of incorrect information (such as the absence of the right to copy a badge) shall be deemed to be a fault of the Customer.
The failure of the Customer to keep a record of the surname, first name and ID number of the badge holder for any copying operation, and the use of any technical procedure, such as robots or automatic requests, which contravenes the letter or spirit of these General Terms and Conditions, will also be considered as a fault of the Customer.
In the event of a fault on the part of the Customer, the Publisher may temporarily suspend the Customer's access to the Services, or terminate it in accordance with the conditions set forth in Article 11.

7.3.3. Technical problems - Hypertext links

In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more Services cannot be considered as a fault and cannot give rise to the granting of damages from the Publisher.
The hypertext links present on the Site can refer to other websites. The responsibility of the Publisher cannot be engaged if the content of these sites contravenes the legislations in force. Similarly, the responsibility of the Editor could not be engaged if the visit, by the Customer, of one of these sites, would cause him a damage.

7.3.4. Limitation of the Editor's liability

The Publisher's liability is limited to the direct, personal and specific damage suffered by the Customer and related to the failure of the Services. The Publisher shall not be liable for any indirect damage such as loss of data, commercial damage, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers.
In any event, in the event that the Publisher is found liable, the total amount of compensation it may be required to pay to the Customer shall not exceed the amount actually received by the Publisher under these General Terms and Conditions in the 2 months preceding the claim, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.
These General Terms and Conditions allocate the risk between the Parties; the agreed prices reflect this allocation of risk and justify the resulting limitation of liability.

ARTICLE 8. OBLIGATIONS OF THE CLIENT

The Customer is solely responsible for the use of his Account, the Services and each Box. The Customer shall not hold the Publisher responsible in case of any claim or proceeding against the Customer as a result. The Customer undertakes to deal personally with any claim, demand, or opposition and more generally any proceedings against him from any third party and which would be related to his use of the Boxes, his Account, or the Services.
He undertakes not to disclose his identifiers to third parties and not to allow the use of the Services by third parties.
He undertakes to keep a register mentioning the surname, first name and identity card number (passport, identity card, driving licence) of the badge holder for any copying operation.
The Publisher does not carry out any form of data processing other than those specifically related to the operation of the Services. He is in no way responsible for the processing of personal data of the Customer, nor of his customers, in the sense of the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms. It is the Customer's responsibility to ensure compliance with his obligations under this law and, more generally, under the legislation.

ARTICLE 9. INTELLECTUAL PROPERTY

The Publisher is the owner of all rights, in particular patents, trademarks, copyrights and database producer rights, relating to the content (texts, images, diagrams...) of the Site, the Services and the Box, to their structure, and to the software implemented for their operation.
It grants the Client, solely in order to enable it to use the Services within the framework of its activity, a purely personal, non-exclusive, non-assignable and non-transferable right to use the Software, for the entire duration of the present contract, for France only.
The right to use the Software is understood to be solely the right to execute the Software, solely within the framework of the operation of the Box, solely within the framework of the use of the Services, in accordance with its purpose.
The Customer may only use the Software for its own account, in accordance with the present terms and conditions, to the exclusion of any other purpose.
This concession is granted only on condition that the Customer pays the invoices in full, in accordance with Article 6.
The Customer may not under any circumstances make the Software or any other content available to a third party, and is strictly forbidden from any other use not provided for herein, as well as any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
Consequently, except with the prior and express written authorization of the Publisher, the Customer is in particular not authorized under any circumstances and will not authorize any third party to :
- access the Services other than through the Box or by logging into his Account on the Site,
- sell, rent, sublicense, distribute, or otherwise transfer in whole or in part the Software or any other content;
- decompile, disassemble, recompile or otherwise attempt to access the source code of the Software, in whole or in part;
- create, develop, sublicense, install, use or deploy third-party software or services to circumvent, enable, modify or provide access, authorization or rights that violate the technical restrictions of the Software and Services;
- translate, modify or create derivative works based on the Software;
- permit any use of or access to the Software or Services by any third party;
- remove any product identification, proprietary, copyright or other notices contained in the Software or the Site

ARTICLE 10. REGULATIONS RELATING TO STAD

The Customer certifies that he/she is aware of the regulations relating to attacks on automated data processing systems (STAD), reproduced below.

Extracts from the Penal Code

Article 323-1
"Fraudulently accessing or remaining in all or part of an automated data processing system is punishable by two years' imprisonment and a fine of 30,000 euros.
When this results in either the deletion or modification of data contained in the system, or an alteration in the operation of this system, the penalty is three years' imprisonment and a fine of 45,000 euros.
When the offences provided for in the first two paragraphs have been committed against an automated personal data processing system implemented by the State, the penalty shall be increased to five years' imprisonment and a fine of €75,000.

Article 323-2
"Obstructing or distorting the operation of an automated data processing system is punishable by five years' imprisonment and a fine of €75,000.
When this offence is committed against an automated personal data processing system implemented by the State, the penalty is increased to seven years' imprisonment and a fine of €100,000.

Article 323-3
"Fraudulently introducing data into an automated processing system, extracting, holding, reproducing, transmitting, deleting or fraudulently modifying the data it contains is punishable by five years' imprisonment and a fine of 75,000 euros.
When this offence is committed against an automated personal data processing system implemented by the State, the penalty is increased to seven years' imprisonment and a fine of €100,000.

Article 323-3-1
"The fact, without a legitimate reason, in particular research or computer security, of importing, possessing, offering, transferring or making available equipment, an instrument, a computer program or any data specially designed or adapted to commit one or more of the offences provided for in Articles 323-1 to 323-3 shall be punishable by the penalties provided for the offence itself or for the most serious offence, respectively.

Article 323-4
"Participation in a grouping formed or an agreement established with a view to the preparation, characterised by one or more material facts, of one or more of the offences provided for in Articles 323-1 to 323-3-1 shall be punishable by the penalties laid down for the offence itself or for the most severely punished offence.

ARTICLE 11. TERMINATION

Either Party may terminate this Agreement at any time by sending a registered letter with acknowledgment of receipt to the other Party.
In the event of serious misconduct by the Customer, this Agreement may be terminated without notice.
In addition, the Publisher reserves the right, without compensation, to terminate the Services.
Any final termination of the Services will be notified via the Site with a 2 months notice, except in case of legal or regulatory provision to the contrary or court decision.
In all cases, the sums due at the end of the present contract will be immediately invoiced and immediately payable.

ARTICLE 12. GENERAL PROVISIONS

12.1 Completeness - Divisibility

These Terms and Conditions express the entirety of the obligations of the Parties with respect to the provision of the Services.
The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of the Agreement or the Agreement as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this Agreement.

12.2 Changes to these Terms and Conditions

The present General Conditions may be modified at any time by the Publisher. The General Conditions applicable to the Customer are those in force on the day of his order. The date of the online publication of these General Conditions is the date of their coming into force.
The Customer has the option of saving or editing these General Conditions, it being specified that both the saving and editing of this document are the sole responsibility of the Customer.

12.3. Applicable law

These terms and conditions are subject to the application of Hong Kong law.

12.4 Dispute resolution - Jurisdiction

Except as provided by public policy, all disputes arising out of or in connection with the performance of these terms and conditions shall be referred to the Publisher for resolution prior to any legal action. It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
In the absence of amicable agreement, the Parties hereby submit to the jurisdiction of the Court of Hong Kong for the settlement of their disputes.

12.5. Non-waiver

L’absenced’exercice par l’Editeur des droits qui lui sont reconnus par les présentes nepourra en aucun cas être cas être interprété comme une renonciation à fairevaloir lesdits droits.</ahref=”mailto:support@rebadge.services”>

Parklink: World-wide leader in turnkey RFID Duplication systems.

Room 1501, Prosperity Tower, 39 Queen's Road Central
Hong Kong island
Hong Kong