Otherwise, a brand operated by Lovys, a simplified joint-stock company with a capital of 2,036.79 euros, registered at the Bobigny Trade and Companies Registry under number 832028021, with its registered office at 5 rue Pleyel – 93200 Saint-Denis ("Otherwise"), operates the website www.otherwise.fr and the mobile application Otherwise (together, the "Otherwise Platform"). It is engaged in distributing home, pet, phone, automobile, health, and borrower insurance products.
Any User (as defined below) is required to carefully read these General Terms and Conditions of Use before using the Services (as defined below) of the Otherwise Platform.
"Account" refers to the digital profile of a User created through the Lovys & Otherwise Platform used for subscribing to insurance products and/or services.
"General Terms and Conditions of Use" or "GTU" refers to these terms and conditions governing the User's use of the Lovys & Otherwise Platform Services.
"Lovys Platform" refers to the website www.lovys.com and the Lovys mobile application.
"Otherwise Platform" refers to the website https://www.otherwise.fr/ and the Lovys mobile application.
"Services" refer to (i) information about the insurance products offered on the Lovys & Otherwise Platform, (ii) the provision of free quotes for potential subscription to an insurance contract, (iii) subscription to insurance products and/or services, and (iv) online management of any insurance product and/or service on the Lovys & Otherwise Platform.
"User" refers to any person using the Services.
The defined terms will have the same meaning whether used in the singular or plural, feminine or masculine form.
Access to and/or use of the Otherwise Platform and the Services offered require the unconditional and unreserved acceptance of all the terms of the GTU and their compliance. The GTU are subject to French law.
The GTU constitute a contract between Lovys and the User. This contract is concluded for an indefinite period from the User's use of the Lovys Platform.
Lovys reserves the right to modify the Lovys & Otherwise Platform at any time, as well as the GTU, or to supplement them with new contractual terms, particularly in the event of technical, legal, or case-law changes, or when providing new Services. Therefore, it is advised that the User regularly consults the GTU to refer to the current version.
Lovys will not notify the User of changes to the GTU related to technical aspects of the Lovys & Otherwise Platform and Services unless such changes result in an increase in price or alteration of quality, and the characteristics on which the User has based their commitment are reflected in the GTU.
For other changes to the GTU and Services, Lovys will notify the User by any means. In this case, the User will have a notice period of thirty (30) days to express their disagreement. If no response is given, the User will be deemed to have tacitly accepted the terms. If the User does not wish to accept all or part of the GTU, they are required to cease using the Lovys & Otherwise Platform and Services.
To create an Account, the User must:
The creation of an Account involves providing an identifier and choosing a personal and confidential password. After registering on the Lovys Platform, the User has a personal space for which they are solely responsible. They commit not to disclose their password to third parties and to take all necessary precautions to prevent unauthorized access. The User agrees to notify Lovys promptly in the event of password loss or theft and to immediately change their login credentials. Otherwise, and unless proven otherwise, any connection or transmission of orders or data using the password will be deemed to originate from the User and will be solely their responsibility.
The Otherwise Platform offers its Users a service for issuing and managing subscription-based insurance contracts.
Subscription to insurance products and services on the Otherwise Platform is only possible after concluding a remotely signed insurance contract, digitally signed, with the documentation accessible in the User's personal profile on the Otherwise Platform.
The GTU are therefore complemented by the terms of the documents forming the insurance contract(s) subscribed by each User on the Otherwise Platform.
The Otherwise Platform is available anywhere as long as the minimum technical conditions are met, including access to a mobile network, internet, and compatible technical equipment.
Lovys credits are promotional digital currency or part of a loyalty program that can be used as a discount on eligible insurance payments with Lovys. Credits are non-transferable, non-refundable, and cannot be sold. They are valid for a limited time, specified at the time of issuance. The amount of credits that can be applied per payment may be subject to restrictions based on Lovys' policies. Lovys reserves the right to modify or cancel the credit program at any time without notice. Any abuse or fraud related to credits may result in their cancellation.
Otherwise is only bound by a duty of means and provides no guarantee, express or implied, including any warranty of quality and suitability for a particular use of the Services provided to the User (without prejudice to Lovys' obligations as an insurance broker).
The Otherwise Platform and all the elements that make it up (e.g., structure, trademarks, domain names, texts, images, graphics, sounds, data, software, etc.) are the exclusive property of Lovys or exploited by it with authorization from the rights holders and are subject to applicable French and international laws. They are particularly protected by copyright and trademark law.
The User agrees not to infringe any of these intellectual property rights and not to exploit any element of the Otherwise Platform without Lovys' prior written consent. The Otherwise Platform and all the elements that make it up are also protected by the contractual obligations set forth in the GTU.
The User agrees not to reproduce, modify, alter, distribute, transmit, give, rent, sell, or otherwise exploit any part of the Otherwise Platform without prior written consent from Lovys. In particular, the following are prohibited: (i) any text or data mining activity, (ii) the use of a robot or data scraper, or any other tool allowing the automated extraction of all or part of the content from the Otherwise Platform, and (iii) substantial extraction of all or part of the content from the Otherwise Platform.
By uploading content on the Otherwise Platform, the User automatically grants Lovys an exploitation license for such content for the purposes of managing the Otherwise Platform, worldwide and for the duration necessary to manage their account.
The User declares that the copyright granted does not infringe third-party rights and is not subject to any claim.
Finally, the User guarantees Lovys against any claim of any kind related to the ownership of the rights granted, including intellectual property rights, image rights, or any claims related to unfair competition or parasitism, and agrees to reimburse Lovys for any amount it may be condemned to pay in this regard.
Lovys makes its best efforts to ensure the proper functioning of the Otherwise Platform and Services, within the limits of liability set forth in the GTU.
Lovys implements all the means at its disposal to ensure quality access to the Otherwise Platform, which is generally accessible 24/7. Since the obligation is one of means, Lovys cannot guarantee this result. Lovys declines all responsibility, including but not limited to cases of interruption of the Otherwise Platform (e.g., for maintenance or technical issues), in the event of computer viruses, and more generally for any direct or indirect damages caused to the User arising from the access to or use of the Otherwise Platform (including in case of illegal use due to identity theft).
Lovys cannot provide any express or implied guarantees concerning the accuracy of the information presented on the Otherwise Platform for which it is the author. Consequently, Lovys cannot be held liable for any damage, direct or indirect, resulting from errors, inaccuracies, or omissions of information contained on the Otherwise Platform.
Lovys cannot be held liable or considered to have failed under the GTU due to any delay or non-performance resulting from a case of force majeure, as defined by the jurisprudence of the French courts and tribunals. Force majeure includes, but is not limited to, the interruption, suspension, or reduction of electronic communication networks or any facts beyond Lovys' control.
The use of the Otherwise Platform is solely and entirely the responsibility of the User. The User is solely responsible for the information they provide through the Otherwise Platform. In the case of abnormal use or illegal exploitation of the Otherwise Platform, the User is solely responsible for any damages caused to third parties and the consequences of any claims or actions that may arise.
The User also waives any recourse against Lovys in the event of legal actions by third parties against them due to the use and/or illegal exploitation of the Otherwise Platform.
The User agrees to comply with all applicable regulations in France.
The User agrees not to use the Otherwise Platform to (i) publish, transmit, share, store, or make available any content contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, insulting, malicious, fraudulent, violating privacy or image rights, inciting violence, racial or ethnic hatred, or otherwise reprehensible, (ii) create multiple Accounts or impersonate another person, (iii) transmit any item containing computer viruses or any code, file, or program designed to interrupt, destroy, or limit the functionality of software, computer equipment, or electronic communications, and (iv) publish, transmit, share, store, or make available any illegal content or content infringing public order.
The User is solely responsible for the content they upload to the Otherwise Platform, especially any content that may be offensive or illegal or that may infringe the rights of third parties.
It is the responsibility of each User to take appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any harm.
For any difficulty or complaint, the User may contact Lovys at the following email address: contact@otherwise.fr
By using the Otherwise Platform, the User acknowledges that they have read the privacy policy available at the following link: https://lovys.com/fr/politique-de-confidentialite. The privacy policy also includes the Cookie Use Charter for the Otherwise Platform.
The User has the right to consult their data stored on the Otherwise Platform and any other information about them.
In addition to the GTU, the User agrees to comply with the general terms of service of the platforms providing access to the Otherwise Platform as a mobile application (e.g., Apple AppStore (for iOS devices) and Google Play Store (for Android devices)) and third-party tools used by the Otherwise Platform (e.g., Stripe or Adyen for online payments).
Using these platforms and third-party tools by the User involves the collection and processing of personal data for which Lovys cannot be considered as the data controller as defined by Law No. 78-17 of January 6, 1978, modified, relating to data protection. See https://lovys.com/fr/politique-de-confidentialite.
By using the Otherwise Platform, the User declares that they have read the general terms of service of the platforms providing access to the Otherwise Platform and the third-party tools used by the Otherwise Platform (available on their websites) and consent to these terms.
Lovys specifies that the use of hyperlinks may lead the User to other independent websites or applications that are not the responsibility of Lovys.
Likewise, inserting hyperlinks to all or part of the Otherwise Platform is permitted, non-exclusively, and revocable at any time without justification, provided that the link does not create a misleading, false, derogatory, or prejudicial character towards the Otherwise Platform. Lovys reserves the right to oppose this.
Lovys cannot be held liable for any direct, indirect, or accidental damages resulting from the access to or use of information from third-party sites.
What is a complaint?
A complaint is a declaration by the User to Otherwise regarding their dissatisfaction. It concerns the execution of the task of issuing and managing insurance contracts through a monthly subscription.How to file a complaint with Otherwise?
Otherwise strives to provide high-quality service to the User.
Despite vigilance, difficulties may arise. If the User wishes to express their dissatisfaction and file a complaint, they can:
• Write to the following address: Otherwise – Complaints Service, 5 rue Pleyel – 93200 Saint-Denis; or
• Send an email to the following address: reclamation@otherwise.fr
Their request will be examined by the team responsible for handling complaints.
Every complaint is carefully reviewed by Lovys' services.
Lovys acknowledges receipt of the User's complaint within a maximum of ten working days from its submission, unless a response cannot be provided within this timeframe.
A response, either positive or negative, will be provided to the User within two months of the first written expression of dissatisfaction.
Every complaint, its handling, and the response provided are recorded by Lovys' services.
If the User is not satisfied with the response provided, or if no response has been given within the agreed timeframe, the User has the option to refer the matter to the Insurance Mediation. The Mediation can be contacted, in any case, two months after the submission of the first written complaint, regardless of the person or service to whom it was addressed. The referral to the Mediator is free. It can be done in the following ways: by mail: La Médiation de l’Assurance – TSA 50 110 – 75441 Paris Cedex 09; or by submitting the online form on their website: www.mediation-assurance.org.
In the case of a final disagreement, the User has the option to take the matter to the competent courts.
If any part of the GTU is found to be null, invalid, or unenforceable for any reason, the term(s) in question will be declared non-existent, and the remaining terms will remain fully in effect. The terms declared non-existent will be replaced by terms that closely reflect the content and meaning of the canceled clause.
The official language of the GTU is French. In the event of any discrepancy, inconsistency, or conflict between this version and any translated version, the French version will prevail. The GTU are exclusively subject to French law. Any dispute arising from the use of the Lovys Platform will be submitted to the competent courts of Paris.
For any questions regarding the GTU, the User can write to contact@otherwise.fr
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