1 - Preface
Ouah ! is an Internet service
which, in its capacity as publisher of advertisements and market studies,
pays Members as well as providing economic advantages (price reductions,
special offers, gifts, etc..) every time they receive, and read the
Emails that the service addresses to them, taking into account their
interests as often as they have specified, or as carried out by an advertiser.
The present regulations aim to clarify the conditions for membership
within the Ouah ! community
and to outline how the service functions.
2 - An organizing company
The company NETPARTAGE (from this point on known as the Company )
is a limited company with €55.175 Euros, registered with the Registrar
For Commerce and Companies of Paris under the number B 431 642 651.
Their registered office is located at : 14, rue Auguste Neveu -
92500 Rueil-Malmaison - France.
The company is the publisher of the site Ouah !
whose name is int.ouah.com.
(the Site ).
The Company markets, in its capacity as seller of advertising space
and according to an original concept, an advertising medium electronic
post (mail or electronic mail) ; the company asks advertisers to
ensure that their messages follow strict selection criteria which were
formulated from their concept.
3 - Membership
In order to become a member of the Ouah ! community,
the internet user must be at least 18 years of age from the date of
joining the site.
However, if he has not yet reached 18 years of age, the possibility
of joining depends on him contacting, in less than 8 days, a recognized
parental guardian for signed written consent and sending this to the
registered office of the company.In the event of this materialising
within the said period, membership will be invalidated on the ninth
The internet user, upon completion of a membership form, is given a
strictly personal and confidential password.
From the time that the inscription form is filled in, and as long as
the stipulated rules are respected, the internet user becomes an account
holder (the Account ) and he acquires membership status
with Ouah !.
3bis - Members residing in France
Internet users who live in France , whatever their nationality , can
become members of the english version of the site www.ouah.com
(site address : http://int.ouah.com).
However they cannot claim any backpayment, directly or indirectly, in
contrast with the e-mails that either they or those whom they referred
receive from the site, within the framework of advertising campaigns
and/or promotions instigated by the advertisers. The other advantages
attached to this adhesion are inherent.
4 - Members' obligations
The information which the member provides upon joining should
be accurate and complete, especially regarding name and address.
The member can only create one account.
The member cannot give a third party the right to use the account.
The member is exclusively responsible for guarding the password giving
him access to his personal page, account details and services proposed
by the site.
Notably, the member cannot relate his password
to anyone, including the instance when the person who asks
is a member.
The member must inform the company of all unauthorised use of his site.
The member cannot use the site for anything that is contrary to the
interests and image of the site, company and Ouah !.
The member cannot send out large numbers of unsolicited electronic mail
The member should at all times respect the conditions of membership
and regulations outlined by the present regulations.
5 - Referrals
All members can refer third parties - friends or relatives -,
so that they can become members of Ouah ! and
avail of the inherent benefits.
Those referred can equally refer others who in turn can refer.
The member - whether he is the referrer or the referred -
should refer people only whilst respecting their fundamental rights. It
is expressly forbidden, as underlined in artcle 4, and except for expulsion
from Ouah ! in
the conditions outlined in article 14, to send unsolicited electronic
6 - Breaking membership on members' demand
The member can break membership at any time. He starts from
the page "My Account".
The member, on breaking their membership, loses the benefits accruing
from Ouah !.
This inherently involves the loss of benefits which referring people
However, if the member breaks his membership on the 10th day of the
month and if his earnings equal or exceed USD
$13.68, this amount will be automatically paid.
If this amount is not reached, or if the member breaks his membership
after the 10th day, the company will pay earnings made that month to
a publicly recognized organisation of his choice.
7 - How the members account works
The site assigns an internal account number to every member.
With this account, only the member can consult his personal page - he
can access it with his password which is assigned in accordance with
the conditions fixed in article 3 -, containing a financial statement,
regularly updated, subject to non accountability on the date of consultation
and /or eventual debiting in the case of wrongful crediting of an amount.
Through consulting his account, the member knows the amount of people
he has referred directly and indirectly, and the number of emails they
all have received and read, with the provision of the non accountability
of those referred directly and indirectly, so that mails received and
read, at the date of this consultation are effected.
8 - Cookies
In this context, notably in the payments foreseen in article
1, and in order to allow the crediting of members' accounts for every
share susceptible on demand by an advertiser, the service can be brought
in the users' computer, in a manner that is secure and limited in time.
The members are informed that they have the power to oppose the putting
in place of this information process. Sometimes, in such circumstances,
their account cannot be credited with all the shares in question with
enough information errors.
9 - Obtaining and payment of earnings
Earnings made are payable by the company on the 10th every
month. However, if this amount is less than USD
$13.68, it is held and added to the amount earned for the
The payment is made in bankers check made out in the members name and
first name provided by the member upon joining and addressed to his
address cited here.
The check cannot be made out to any third party.
However, if at the time of inscription, the member expressly wishes,
the amount can be addressed by the company to any publicly recognized
body of the members choice.
After one month has elapsed taking into account the sending out of the
check by the company, no recourse can be made as regards an eventual
calling into question of the amount.
Under article 92-1 of the general taxes code, the sums received by the
member are susceptible to having to be declared under the annual revenues
declaration ; in case of doubt, it belongs to the member under
jurisdiction of the company ; the company accepts no responsibility
concerning any breach of contract on members' part regarding incumbent
10 - Responsibility
The company cannot be held accountable for members' loss
of his internal account number or for the loss of his password.
The member is solely responsible for the quality of his membership and
its eventual consequences as much for himself as for the company.
The company cannot be researched notably in times of momentary stops
while the site is being updated ; it is the same in instances of
functional difficulty, or even a momentary site interruption not attributable
to the company, can result for example, in powercuts or interruptions
in accomodation services; it is indeed the same in the instance of momentary
site interruption, following on improvements technological or otherwise,
ventures by the company that are not yet concluded.
The company is not liable for breach of its agreement if the mails sent
to the member prove to be inferior in quantity to the mails desired
11 - Virus and usurpation of identity
The company is required to guarantee the sound nature, and
without virus, the body of mails and attached files which the site directs
to its members, and those designed by the company, the advertisers themselves
and all others who receive benefits and allowances.
As regards their liabilities, the company cannot be sought after in
the instance of members receiving mails and files containing the virus.
In case of doubt, before any file is executed the members should make
sure that the identity of the site has not been taken and know where
dubious mail actually comes from. To this end, the company recommends
members to seek verification, and to do this, to consult the assistance
of their computer mail in order to know how it is displayed, similarly
they can also contact : Netpartage SA - Members Service Ouah - 14, rue
Auguste Neveu - 92500 Rueil-Malmaison - France.
12 - Member / advertiser relations
The member acknowledges that the company cannot be held responsible
for site content sent which the site addresses to him conforming to
his areas of interests, as stated by him.
13 - Intellectual property
The company has tenure over all laws relative to the site,
the property name, the Ouah ! denomination
and its accompanying logo, as well as all existing and future works
issued, formed from its database.
The member acknowledges that his access to the site does not confer
upon him any right, except that of site navigator.
14 - Protection of personal information
It is company policy not to communicate any information concerning
members or information provided by them upon inscription, except for
that which the law imposes on members. For obvious reasons, selected
information will be communicated to certain persons such as chartered
accountants, who are bound by a strict professional code binding them
The members equally accept that some information can be communicated
to partners of the company in the instance of the distribution of gifts
and prizes, if partners want to contact such a member; the company is
committed to ensuring that communication does in no way exceed the limited
nature of this transaction.
Members accept that personal information can be used, in a selective
manner, for statistical purposes.
These statistics carried out by the company or in liaison with the commercial
partners of the company, notably allow the classification of members
according to areas of interests. Members have the right of access, modification,
correction and suppression of data (art. 34 of the Information and Freedom
Law, 1978). To exercise this right, the member can either contact Netpartage
SA - Members Service Ouah - 14, rue Auguste Neveu - 92500 Rueil-Malmaison
- France or directly access his page " My account".
15 - Termination of membership
The company reserves the right to cancel, without warning from this
time on, the membership of anyone one way or another, directly or indirectly,
in the least unaware of the measures deriving from the title of the
In this instance, the member cannot claim compensation of any nature,
cannot claim damages of any sort nor proceed with new membership.
Moreover, the earnings which the member could normally claim will be
given by the company to any recognized state approved association or
organization of his choice except for the instance where the member,
at the time of membership or at any time up to the point of breaking
membership, had already indicated such an organization; the sum allocated
by the company is then made out to the benefit of this organization
The company also has the right to break any membership in a discretionary
manner; the company will inform the member or members concerned by respecting
a two week warning.
However, in the instance of " force majeure ", that is to
say an event which is unpredictable, insurmountable and of external
origin, the company is not only exempt from all obligation as regards
members, the company is equally not obliged to warn members.
16 - Complaints
If members have a complaint, they should address them directly
to the company.
The complaint is not always admissible, except for when it is duly reasoned
it is brought to the attention of the director for publications in the
form of a registered letter with an acknowledgement of receipt to the
exclusion of all other means of transmission.
17 - Modification of regulations
The company reserves the right to modify the provisions of
present regulations at any time without however interfering with members
rights, notably his power of referral.
The Ouah ! member accepts and
recognizes that he has no right to maintain any of the measures outlined
under the present regulations, and that it is incumbent upon him, by
regular consultations, to be informed of susceptible changes being brought.
In the case of changes, the member has the option of consulting the
new rule on the site seven days before it comes into effect. It comes
into full operation on the eighth day at midnight.
18 - Applicable law
The present regulation is subject to French law.
19 - Jurisdiction
All litigation which leads to the company opposing a member
or a group of members, regarding the application and interpretation
of present regulation, will be subjected to a conciliator of common
In the case of these amicable proceedings failing, the " Tribunal
de Grande Instance " of Paris will be the deciding authority.
20 - Divisibility
If one or more of the present regulations turn out to be
invalid upon the application of a law, a ruling or a definitive decision
made by a judicial authority, this will not affect the validity of other
21 - Renunciation
A wrongful application of these laws by the company, which
belong to them under the title of present regulations, does not signify
a renunciation of the benefits of these laws on their part.