Evaneos' General Terms of Use

Welcome to www.evaneos.co.uk

We recommend that you attentively read these general conditions of use, compliance to which is required, before any use of the websites and/or mobile applications developed by Evaneos.

These General Terms and Conditions of Use have been developed for Users of the Website and Mobile Application published and developed by Evaneos SA - 27 rue de Mogador - 75009 Paris – France.

By using the Website and Mobile Application you agree to comply with these General Terms and Conditions of Use in full. Consequently, if you do not agree to any of these General Terms and Conditions of Use, you must not access or use the Website or Mobile Application. Evaneos reserves the right at any time to modify these General Terms and Conditions of Use, the Website and Mobile Application. Consequently, we recommend that you periodically check these General Terms and Conditions of Use, which are subject to change at any time.

1. Definitions

“The Company” or “Evaneos” or “We” mean Evaneos SA, a company with share capital of €73,450.94 whose headquarters are at 27, rue de Mogador - 75009 Paris - Registered with the Register of Trade and Commerce of Paris under SIRET No. 513 191 122 - Registration Atout France IM075110183 – Financial guarantee from Atradius – Professional legal liability Insurance subscribed through HISCOX – as a Publisher and developer of the Website and Mobile Application.

“Website” means the website currently located at: [insert].

“Mobile Application" means the executable programme downloadable onto mobiles offering functionalities and Content accessed by the User and developed by Evaneos.

“You” means the User of the Website and Mobile Application.

“Content” means any Evaneos Content or Member Content including text, image, music, audio, video, information or other elements.

“Evaneos Content” means any content made available by Evaneos through the Website or Mobile Application, including any content whether or not obtained under licence from a third party.

“Member Content” means any Content published, transmitted or shared by a Member on Evaneos, notably the Content accessible through the “My Account” section, including details of Member travel files and other Member Content.

“Services” means the holiday information and travel agency marketplace services offered from time to time on the Website and Mobile Application.

“User” means any person navigating on the Website or Mobile Application.

“Member” means any adult having an account after her or his application to join has been duly completed and approved. The Member is an identified User of Evaneos Websites and Mobile Applications.

“Local Travel Agency” means a local independent travel agent based in a country of destination making travel services available in return for payment.

“Account” means the Individual Account created by the Member at time of registration on Evaneos Websites and Mobile Applications.

2. ​Description of Evaneos Services and Products. Evaneos is a marketplace bringing together travellers with Local Travel Agencies for the purpose of devising and delivering customised travel services

Evaneos, by means of the Website and Mobile Application, offers the following Services to Users wishing to organise their travel:

Information, advice and factsheets

Making contact with Local Travel Agencies specialising in devising and delivering customized travel services

System of transmission of personal contact details and other information to selected contacts and partners

System of secure payment to Local Travel Agencies

Information on and sale of travel insurance after purchase of travel services

Online display and sharing of travel dossiers and photos

Creation and sharing of testimonies, comment and advice

Creation and sharing of feedback and content of experience

3. ​Evaneos' Copyright and Intellectual Property

Evaneos owns all intellectual property rights (including in particular copyright, trade marks, database rights and any other similar rights anywhere in the world) covering not only the structure but also the content of the Website and Mobile Application (including in particular images, sounds, videos, photos, logos, trademarks, graphics, tools, software, documents and any and all other data).

No rights whatsoever are granted for the use of or licence to use the Evaneos Content except as necessary to use the Services in accordance with these General Terms and Conditions of Use or otherwise by prior written agreement with Evaneos.

Any reproduction, representation, publication, transmission, use or modification whether in whole or in part of the Evaneos Content without such approval and/or authority, is strictly prohibited.

Such unlawful or illegal acts render their perpetrator liable in consequence and may entail legal proceedings against the perpetrator(s) thereof notably on grounds of infringement of rights. Evaneos trademarks, logos and brands and those of its partners displayed on the Website and Mobile Application are registered. Any reproduction whether in whole or in part of these trade marks and/or logos without the express prior authority and approval of Evaneos is prohibited.

Any unauthorised reproduction of trademarks, logs and distinctive signs shall constitute an infringement liable to sanction under criminal law. Infringers are liable to sanctions under civil and criminal law and notably to the sanctions provided in applicable intellectual property law.

Similarly, Evaneos is a producer of databases. Consequently any extraction of data from and/or re-use of the one or more databases in the meaning of in applicable intellectual property law are prohibited.

4. ​Use of Evaneos' Website and Mobile Application

You may view, download and print Evaneos Content for your personal and non-commercial use only.

Any other use must be approved in advance in writing by Evaneos.

Unless such express approval has been granted, it is strictly forbidden to reproduce, copy, transmit, redistribute or republish Evaneos Content whether in whole or in part.

Furthermore and in all circumstances it is forbidden to modify the Evaneos Content or to modify or delete indications of copyright, trademarks or signs of title or ownership relating to the Evaneos Content.

You must use the Website, Mobile Application and Services in accordance with applicable law.

You expressly commit to hold Evaneos harmless in the event of any liability it may incur with respect to any and all third parties in connection with any usage that fails to comply with these General Terms and Conditions of Use of Evaneos Websites and Mobile Applications.

Use of the Website and Mobile Application is not permitted for any person aged less than 13 years.

In accordance with these General Terms and Conditions of Use, the Website and Mobile Application are available to Users free of charge (except connection charges). Please see clause 16 for details of how we are remunerated if you use the Services to book a travel package with a Local Travel Agency.

Navigation on Evaneos Websites and Mobile Applications may, independently of Evaneos, entail the use of third party websites not provided with their own general terms and conditions of use. In such cases, Evaneos shall be wholly dissociated from the third party websites so visited.

5. Links to other websites, third party websites

The Website and Mobile Application may contain links to third party websites. Any use by you of such third party websites will be subject to the terms and conditions applicable to such third party websites.

Third party websites containing links to the Website and/or Mobile Application are not published by Evaneos and Evaneos shall not in any way be held liable for the content of third party websites linked to from the Website and/or Mobile Application. Subject to prompt notification in accordance with Article 9 of these General Terms and Conditions of Use, Evaneos undertakes to immediately remove any link to illegal content.

Consequently, and subject to provisions detailed in article 8 of these General Terms and Conditions of Use, Evaneos bears no liability whatsoever in regard to the Content, advertising, products, Services or any other tool available on or derived from external websites or sources. Evaneos shall not in any circumstance be held liable for consecutive damage arising from or in connection with the use of such links.

By connecting your Account to an account opened on a third party platform (e.g. Facebook, Google), you acknowledge and agree to the collection and processing by Evaneos, in accordance with our Confidentiality Policy, of any personal data that you may have permitted to be shared with Evaneos in accordance with your account settings on such third party platform.

6. ​Liability arising in respect of Evaneos Content

Evaneos makes every effort to ensure that the Website, Mobile Application and Evaneos Content are accurate and reliable. However, Evaneos is not able to guarantee the accuracy, comprehensiveness, availability and/or timeliness of the information and/or the Evaneos Content provided on the Website and/or Mobile Application.

Subject to provisions detailed in article 8 of these General Terms and Conditions of Use, Evaneos and/or its partners shall not be held liable in respect of the use of the information and/or Content provided and/or the tools made available on Evaneos Websites and Mobile Applications.

7. Use of Community tools

Certain sections of the Website and Mobile Application are free to access without registration. However, certain features are available only to Members. The Website and Mobile Application enable Members to submit and share photos, stories, experiences, opinions and travel blogs. Hence Members may at their discretion submit Member Content for further dissemination.

If you are a Member, you grant Evaneos a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any Member Content in any format, including in our services and products for any purpose including in relation to the promotion of our services and products. Member Content may be freely viewed, used, transferred, shared, copied, translated and published without the consent of the Member who submits such Member Content, on any media irrespective of the nature or end purpose thereof (commercial, promotional or other) and without territorial limitation.

As a consequence of the right of diffusion of Member Content granted to Evaneos, that Content is deemed unencumbered by property rights. Consequently Members must not upload any Member Content to the Website or Mobile Application that includes content owned by a third party, except in circumstances where it has all necessary consents from the relevant third party to do so.

In the event of breach of the terms of the above clause, You commit to hold Evaneos harmless in regard to any claim of infringement of rights that may arise, and if need be to indemnify Evaneos.

The Members shall only upload Member Content that is appropriate and not in any way offensive, defamatory or illegal.

Given that Evaneos is unable to control the whole of the Content submitted by Members prior to its diffusion, Evaneos reserves the right at any time to withdraw any and all Member Content in breach of these General Terms and Conditions of Use, without notice and at its entire discretion.

8. Evaneos' liability

If you are a consumer and we fail to comply with these General Terms and Conditions of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these General Terms and Conditions of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you began using the Services.

The liability of Evaneos and or of third parties may not be sought in connection with any Content placed online nor with the use thereof, nor in regard to any prejudice or damage whether direct or indirect of whatsoever nature or howsoever arising, the foregoing without limitation.

Prejudice or damage shall mean:

Any Content of defamatory or polemic nature or that is pornographic, xenophobic or that may more broadly offend the sensitivities of the greater number,

Any interruption of activity or of service,

Any inability to make use of proposed outcomes,

Inadequacy, shortfall or deficiency of the outcomes made available, and any loss of earnings arising thereby Evaneos does not in any way guarantee the accuracy, adequacy, and/or impartiality of any Content, which is put online “as is.” Hence Evaneos disclaims any form of warranty and makes no representation as to the quality or suitability of any Content for a particular use.

9. ​Policy of Content withdrawal

Evaneos may at any time to withdraw any Content in breach of these General Terms and Conditions of Use with or without prior notice.

If you believe any Content is prejudicial to freedom, respect for persons, image, reputation, gives rise to infringement of copyright and similar rights, rights to image, or is defamatory, you may contact Evaneos to request the withdrawal of such Content.

On receipt of notification, Evaneos commits as soon as possible to make an assessment of the disputed Content and of the issues raised and, after checking the identity of the claimants, to rule at its sole discretion whether the Content in question must be withdrawn.

You are recommended to carefully assess the facts before making any claim, for whose raising you will be held liable.

10. ​Cancellation of Services, complaints

We reserve the right at any time to cancel your Account if you fail to comply with these General Terms and Conditions of Use. If we do cancel your Account, all personal data we hold relating to you will be deleted.

Although we are not under any obligation so to do, we reserve the right to perform timely and unilateral controls, at our discretion or at the request of third parties in order to check that users respect all the provisions of these General Terms and Conditions of Use including the contractual documents that supplement and/or modify them. We reserve the right to suspend or terminate an Account if, following such inspection, we discover serious breaches of these General Terms and Conditions of Use.

You may also, provided there is no travel package order currently in progress with a Local Travel Agency, wholly terminate your Account. Once your last travel package order has been fulfilled, you are free to terminate your Account.

11. Contact

If you have any queries regarding the Services, please contact Customer Services by email: support@evaneos.co.uk

You can also contact us

by post to the following address: Evaneos SA - Service clients – 27, rue de Mogador - 75009 Paris; or

by telephone on +44 (0) 117 205 0264.

If you contact us by email or post, you should attach to your signed request for action, a copy of your identity and of your login and passwords.

12. ​Access to the Website, Mobile Application and Services

a. Configuration of access

Evaneos proposes an online service from its Websites and Mobile Applications.

A connection to the Internet is required to access the Website and Mobile Application.

To access certain Website and Mobile Application functionalities you must register as a Member and create an Account. The full Services become directly available after registration on the Website or on the Application.

b. Access and technical operations of the Website and Mobile Application

We aim to ensure that the Website and Mobile Application are in full working order 24/7. However, we do not guarantee that the Website and Mobile Application will operate continuously or free from error.

Evaneos shall not be liable for the unavailability, interruption or dysfunction of the Website, Mobile Application or Services for any reason beyond its reasonable control or where Evaneos elects to carry out maintenance or upgrade works on the Services.

We do not guarantee that the Website, Mobile Application or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website, Mobile Application or Services and we recommend that you use your own virus protection software. You accept the fact that Evaneos and its suppliers may in no circumstance whatsoever be held liable for any material damage and/or financial loss and/or direct or indirect damage and consequences of whatsoever kind and/or arising from the use of or impossibility of using the www.evaneos.fr website.

c. Refusal, suspension and interruption of access

Evaneos shall be free at any time to refuse, interrupt or to suspend access to all or part of the Websites and Mobile Applications or to the Services, notably for operational or maintenance reasons, and shall be free to modify, suspend or take the website down and terminate its publication on the Internet network.

d. Access free of charge to certain categories of services

Evaneos shall provide general information services on open access to Users, meaning services available free of charge without obligation to declare an ID or open an Account.

13. Request for travel cost estimate

To benefit from Evaneos services (making contact with a local Travel Agency, request for a travel cost estimate or for a personal space), you must first confirm your identity by raising a request for a cost estimate in order to acquire Membership status.

Issuing requests to local Travel Agencies for cost estimates is free of charge. To acquire Website Membership status and benefit from all the Services proposed by Evaneos, simply fill in the online form, read it and state that you accept the General Terms and Conditions of Use.

Certain conditions must be met for you to become a Member and be able to submit a travel cost estimate:

You must be a consumer and not be acting on behalf of any third party;

You must be aged eighteen (18) or more; or if a minor you must have the authorisation of your legal representative;

You must comply with all applicable law;

All of the information you provide must be accurate, verifiable, comprehensive and up to date;

You must use a personal email address;

Your connection to the Account (connection times, country, internet service provider, ban on proxies) must be consistent with the normal use of a User Account; Your chosen login details and password must be compliant with the rules set out on the Website and Mobile Application and must: not reference any political orientation, ethnicity, community, or religion; avoid vulgarity and insult; not have any sexual or pornographic connotation; not resemble or imitate a registered trade mark; not reference a narcotic or any other product or entity prohibited by law; not resemble or imitate the names of persons created by an author online; and not resemble or imitate another Member.

You are reminded that any person making a false declaration on its own behalf or on behalf of another person is liable to the sanctions provided by applicable law.

14. ​Connection with Local Travel Agency

To make contact with a Local Travel Agency to organise your travel, proceed in the following order:

1 – Select destination

2 – (i) Choose Local Travel Agency, (ii) choose a proposed itinerary

3 – Describe the travellers and your travel plan

4 – Specify your expectations in terms of accommodation, travel companions and pace of travel

5 – Provide personal information so that your chosen Local Travel Agency can contact you

6 – Take receipt of an email confirming transmission of your application form

7 – Take receipt of a customized cost estimate direct from the selected Local Travel Agency.

Evaneos’s choice of appropriate Local Travel Agencies is reliant on you providing the information set out above.

15. Your liability

a. Personal liability for use of the Website, Mobile Application and Services

You are only permitted to use the Website, Mobile Application and Services for personal and non-commercial purposes.

As a website User you acknowledge that you are connecting to and using the proposed services at your sole risk. Subject to provisions detailed in Article 8 of these General Terms and Conditions of Use, we disclaim any and all liability for damages whether direct or indirect (financial losses, loss of earnings, foreign currency losses) that you or a third party may suffer for whatsoever reason whether arising from your connection to the Website or to the Mobile Application, or from your inability to access or connect to the Website, or from the functional or dysfunctional status of the Website or Mobile Application

At issue in particular is damage or loss arising from inaccurate Content, errors, slow speed of or interrupted transmission, the loss disappearance or alteration of data, viruses of whatsoever origin, intrusion by third parties and more generally damage or loss arising from the accessibility or inaccessibility of the Website.

b. Liability incurred by you in connection with travel services provided by the Local Travel Agency

The travel services contract is entered into exclusively by the two parties, you and the local Travel Agency.

Local Travel Agencies assume full liability for the services that they propose and for their choice of service providers.

In this respect you will be required to accept the general terms and conditions of sale of each local Travel Agency, as they come into force at the time of your acceptance of its cost estimate and/or of your making initial payment.

You hereby commit to respect and abide by the rules set out by the travel guide or by any other representative of the local Travel Agency.

These rules are issued for the purpose of ensuring that the travel as scheduled takes place both in the manner intended and safely.

The local Travel Agent is not liable for any activity that you perform outside the scope of the travel schedule.

c. Your liability in regard to viruses

We invite you to check that any and all files transmitted or registered on the Website are virus-free. You shall not register or transmit files containing viruses or programmes that cause data loss, destruction or corruption. You shall be held fully liable in the event of breach of this condition.

d. Your liability in regard to assistance/insurance

With respect to your intended travel, it is advisable to take out insurance if travel is cross-border, including cover for personal assistance services and payment of medical expenses, accident insurance, repatriation cover, luggage insurance, cancellation insurance, and coverage of legal liability. It shall be your responsibility to check your insurance coverage and if necessary take out insurance with your insurance broker or on the Evaneos Website. Information on travel insurance is available from travel insurance information.

e. Your liability in regard to your communications

You acknowledge that you (and not Evaneos) are solely liable for any and all electronic information and content (including Member Content) you upload to the Website and/or Mobile Application, and acknowledge that Evaneos shall incur no liability in this respect whatsoever. You acknowledge that you shall and must use the Services in a manner compliant with applicable law.

16. ​Role of Evaneos in the choice of Local Travel Agencies

Evaneos has selected Local Travel Agencies that are experts in the organisation of consumer travel and who possess the authorisations and insurance status required in their countries of establishment.

To be an Evaneos partner, a Local Travel Agency must meet a number of highly stringent quality requirements. Our selection criteria are described on the Website at https://www.evaneos.co.uk/about/local-agencies/. Also, each Local Travel Agency undertakes to meet a number of commitments with respect to our Members, in accordance with the terms set out below.

Evaneos provides a service whereby Members are put in contact with Local Travel Agencies. We shall not bill you for our Service and add no further costs to the cost estimate provided by Local Travel Agencies. Our remuneration is made up of commissions paid to us by Local Travel Agencies. The sums paid have no effect on the Website listings of Local Travel Agencies nor on the choice of local Travel Agencies proposed to Members when raising requests for cost estimates through the Website or Mobile Application.

17. ​Liability of Local Travel Agencies

The local travel Agency, in order to become an Evaneos partner and propose its services to You, is required to comply with a number of commitments to Members, including the following:

Send out a cost estimate or make personal contact with you within 48 hours of request;

Allow Evaneos customers to benefit from same pricing conditions as those offered to customers addressing directly to the Local Travel Agency on the day of request for a travel cost estimate;

To use only the email and telephone contact numbers provided by the Evaneos platform for purposes of communication with you;

Provide you all the services mentioned in the travel programme offered by the Local Travel Agency;

Notify Evaneos when the local correspondent is absent for any period (however long or short) and not in a position to react;

Use all reasonable endeavours to ensure the highest quality of service and to find alternative solutions in the event of difficulty;

Make every effort to find alternative solutions in the event of difficulty

Inform you of its terms and conditions of sale, of payment and of cancellation prior to any confirmation of reservation; and

Have at its disposal all insurance and consents required by regulations in force in the country of its establishment, and be ready to provide evidence thereof at the Member's request.

When travelling, you commit to comply with the rules set out by the guide or any other representative of the Local Travel Agency. The purpose of these rules is to ensure that the travel schedule takes place in the best conditions, while making an important contribution to safety and security.

The local Travel Agency shall not be held liable for any activity performed by a Member that falls outside the scope of the travel schedule.

The local Travel Agency incurs liability with respect to You as an intermediary between You and the various service providers (airlines, hotels, carriers, restaurants, ships, etc.) which it has selected as part of your travel schedule.

However, as stated in the Travel Agency general terms and conditions that you accept on acceptance of your travel schedule cost estimate, the local travel Agency cannot be held responsible for the following:

Loss or damage to personal effects, whether by forgetfulness or otherwise;

Theft of or damage to personal effects occurring in hotels;

Damaging consequences of an event of force majeure, (adverse climatic events, natural disaster, political unrest, strike or similar);

Damage arising from the action of other passengers or travellers;

Consequences of delay, hindrances or cancellation of air travel;

Consequences of changes in timetables or airports;

Consequences of delay or hindrances of land transportation;

Consequences of delays or hindrances or cancellations of rail transportation;

Failure to follow timetables when caused by your own action or inaction.

18. ​Information on conditions of cancellation of services provided by the local travel agency and on terms of reimbursement

Before making a reservation with a local Travel Agency, you undertake to read and accept its general terms and conditions of sale, and terms of payment and cancellation of its services.

a. Cancellation

Any cancellation must be notified by letter or email directly informing the local Travel Agency in the form required by its general terms and conditions. Cancellation fees may be payable by the Member in an amount that may vary in accordance with the timeframe of cancellation and the terms and conditions of the local travel Agency, which you are required to consult.

We suggest that you take care both to read in detail the terms and conditions of cancellation, of (pre)payment and of failure to show, and to make all payments to come by the deadlines agreed with the local travel Agency.

It is Member’s responsibility to give notice of cancellation to its insurer by the deadlines set out in the terms and conditions of cancellation, thereby ascertaining whether the Member can claim cancellation expenses. The cancellation insurance premium itself is never reimbursed. The terms and conditions set out by the local travel Agency will apply to you. Cancellation expenses will be payable out of the initial downpayment made by the Member when reserving through the local Agency. If the Member has made payment through the Evaneos secure payment platform, Evaneos will credit the Member by using the means of payment originally adopted (bank card, wire transfer, etc.).

b. Payment

Reservations are effective as soon as initial downpayment has been received.

The terms and conditions of payment are those set out in the local Travel Agency’s general terms and conditions, which you must consult.

Each local Travel Agency is required to inform you of its terms, conditions and means of payment, which will be those applicable.

Travellers pay local Travel Agencies through the Evaneos secure payment platform. To enable this, local Travel Agencies send Members a payment link by email once the travel cost estimate has been accepted.

c. Modifications

Between the moment of drafting the cost estimate and the moment at which you agree to it, accommodation availability may change. If such changes take place, your renewed consent to the altered situation will be requested.

d. Services not used

If any travel is cut short or interrupted, including if any land, river, sea or air-based service not fully taken up for whatsoever reason, there will under no circumstances be any refund from the local Travel Agent.

It is traveller’s responsibility to take out insurance cover providing for reclaim of the sums paid out for unused travel services.

e. Evaneos warranty against local Travel Agency default

Evaneos is not liable for the services provided by local Travel Agencies, nor will it be held liable for their default in the event of their going into administration or receivership.

f. Evaneos' Customer Service

However, in the event of local Travel Agency default making it impossible to perform the selected travel schedule, Evaneos will assist by attempting to find an alternative solution through another local Travel Agency.

As part of this commitment, Evaneos undertakes to ensure that you do not suffer financial loss in this respect.

Evaneos is thus committed to paying you compensation in the amount you paid to the defaulting local Travel Agency, by refunding it to you if no alternative local Travel Agency can manage the travel schedule you paid for, or if not by paying an equivalent sum directly to the alternative local Travel Agency managing your travel schedule. If there is an outstanding balance for travel services, unpaid in whole or in part, you should make complete payment to the alternative Travel Agency, without any liability attaching to Evaneos in such circumstances.

In the event of dispute with the local Agency, before, during or after your travel, Evaneos customer service is at your disposal to assist in resolving the issue. It may be contacted at the following address support@evaneos.co.uk

19. ​Governing law and jurisdiction

The content of the Website has been devised under and is managed in accordance with French law. The General terms and conditions of use are governed by French law

French law governs both the fundamental legal principles and the rules of form adopted, and judgement of Website content is the sole competency of the courts of France.

If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these General Terms and Conditions of Use, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

We and you agree to place any dispute arising between us arising out of these General Terms and Conditions of Use or the Services (including contractual and non-contractual disputes or claims) before the French courts as having non-exclusive jurisdiction, but you may seek legal redress in either France or in the Member State of the European Union in which you reside. In the event of a dispute arising between you and us, you may seek a settlement by mediation or by an alternative mode of dispute resolution. In the UK, the applicable alternative dispute resolution provider is ABTA. For more information about the ABTA ADR process, please see https://abta.com/holiday-help-and-complaints/abtas-adr-scheme.

The European Commission has also placed at your disposal an online platform for resolution of disputes which you many access on: http://ec.europa.eu/consumers/odr/.

20. ​Modifications

Evaneos reserves the right at its sole discretion to modify the Website, Mobile Application and Services from time to time and may restrict access thereto. By using the Website and Mobile Application after any such notification of modification you are deemed to accept the modifications made.

21. ​General provisions

In the event that any part of these General Terms and Conditions of Use were to be declared invalid or inapplicable under applicable law, including but not limited to the exclusions from warranty and the limitations of liability outlined above, the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, while the other terms of these General Terms and Conditions of Use remain in force and fully effective.

Evaneos shall be entitled to assign, transmit, sub-contract or delegate its rights, duties and obligations under these General Terms and Conditions of Use to a third party. No entitlement of this kind is granted to you.

If one or more of the provisions contained in these General Terms and Conditions of Use become invalid in whole or in part, the remaining provisions shall not in any way be affected. You and we shall attempt in good faith to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

These General Terms and Conditions of Use are available in the language of the Website. This Website is not periodically and regularly updated: it shall consequently not be declared an editorial product under any court or legal system whatsoever.