Terms and conditions of use of the goodwill mobile application
Last update : February 18, 2025
Article 1: Purpose - Presentation of the service
GOODWILL (hereinafter, the ‘Company’) is a société par actions simplifiée (simplified joint stock company) with share capital of 150,000 euros, whose registered office is located at 7, rue de la Félicité, 75017 Paris, registered with the Paris Trade and Companies Registry under number 418 775 094.
These General Conditions of Use (hereinafter the ‘T&C’) (i) govern the conditions of use of the Goodwill mobile application (hereinafter the ‘Application’) and (ii) define the rights and obligations of the Company and the User.
The Application enables the User to access the Services. The Services are provided to the User free of charge (excluding any costs associated with your subscription with an Internet access provider). Nevertheless, the User acknowledges that the Application refers to acts or services, in particular air charter services, which may be subject to invoicing.
Article 2: Definitions
Unless otherwise stipulated, the following terms and expressions shall have the meaning given to them below:
Application refers to the Goodwill mobile application, its content, functions and Services.
- User Account means the User's personal space for private use, accessible after registration, enabling the User to use the Services using his/her login details.
- Contract means the contractual package consisting of these T&C and the personal data protection policy.
- Personal data means any information that directly or indirectly identifies the User.
- Identifiers means the personal login associated with a User Account [as well as any confidential code or complex password issued to the User by the Company and subsequently modified by the User] to identify the User in order to access the Services.
- Party(ies) means both the User and the Company.
- Intellectual Property means (i) all intellectual property rights, whatever their nature and form, which may exist or benefit from protection dan, including works of the mind, copyright and related rights, designs and models, software and source codes, trademarks, trade names and logos, domain names and other distinctive signs, databases, as well as inventions, patents and know-how, regardless of whether they are or may be registered, as well as updates, improvements, modifications, configurations, extensions and works derived from all or part of these elements, and (ii) personality rights, the right to privacy and the right to an image.
- Services means the services made available to the User on the Application, in particular the following :
- storage and access to travel documents
- flight tracking,
- flight reservation requests,
- receipt of and access to booking/travel contracts,
- communication of payment links,
- The Company reserves the right to modify the content of the Services at any time in order to maintain, adapt or develop the functionalities of the Services, including by means of security updates, whether or not such developments are necessary to maintain the conformity of the content of the Services. The User will be informed of any changes to the Services and of the date on which they take place.
- User means any natural person who has a User Account on the Application and who accesses the Services via the Application.
Article 3: Conditions of access and use
3.1 Technical conditions
The Application is compatible with the iOS (version 13 and above) and Android (version 8.0 and above) operating systems.
The User must also have a stable Internet connection to use the Application and the Services.
3.2 Conditions of access and acceptance of the T&C
Access to the Services requires the creation of a User Account.
Use of the Application and access to the Services is subject to prior acceptance, without reservation, of these T&C. By downloading the Application, the User confirms that he/she has read and accepted these Terms and Conditions in full. Any User creating a User Account in order to access the Services undertakes to comply, without reservation, with the T&C.
The T&C are applicable from the date of their acceptance by the User for an indefinite period until the Contract is terminated.
Use of the Services is reserved for Users who are natural persons over the age of eighteen (18) and who have the capacity to enter into obligations in accordance with applicable law.
3.3 Creating a User Account and Identifiers
In order to benefit from the Services, the User must create an online User Account. To do this, the User must have a valid e-mail address.
When creating their User Account, Users undertake to provide accurate and complete information about their identity. In particular, the User undertakes not to create a false identity that could mislead the Company or third parties and not to usurp the identity of another person. The User undertakes to update immediately, in the event of a change, the data he or she provided when creating his or her User Account or when subsequently updating it.
In the event that the User provides information that is false, inaccurate, out of date, incomplete or misleading, the Company may, immediately and without notice or compensation, suspend access to the User Account and deny the User access, temporarily or permanently, to all or part of the Services.
Once the User has validated the T&C and created his/her User Account, he/she will receive a confirmation e-mail at the address he/she has provided. It is the User's responsibility to check that the email address entered is correct when creating their Account.
Once the User's e-mail address has been confirmed, the User chooses his/her own Identifiers, which are personal and confidential.
The User undertakes to keep his Identifiers secret. The User is solely responsible for any misappropriation, loss or unauthorised use of his/her Identifiers. In this case, the User must notify the Company immediately.
Any access to and use of the Services made from the User Account will be deemed to have been made by the User. In this respect, the User is solely responsible for the use made of his/her Identifiers, in particular if he/she pre-records his/her Identifiers on equipment to connect automatically to the Services.
Article 4: Obligations, responsibilities and guarantees of the User
The User undertakes to:
- comply with the terms of the Contract and use the Application in accordance with its intended purpose ;
- to provide the Company with all supporting documents enabling it to verify the data communicated by the User on his/her User Account, or more generally via the Application, as well as the data processed by the Company in order to provide the Services;
- provide the Company, within the agreed timescales, with all the information required to provide the Services;
- check that the hardware and software required to use the Application and used complies with the technical requirements communicated to it;
- protect themselves against the risks of loss or piracy of data, files and programmes;
- maintain the confidentiality of their Identifiers;
- use the Application and Services in compliance with applicable laws and regulations;
- not to attempt to disrupt the operation of the Application and not to use the Services in a way that could be likely to damage the Company's reputation or in an improper manner;
- not disseminate inappropriate or illegal content;
- respect the rights of third parties and ensure that the data they communicate when using the Services does not prejudice the rights of third parties.
In addition, the User :
- is responsible for the use he makes of the Services and the data he communicates on his User Account, or more generally via the Application ;
- indemnify the Company, its employees and its representatives against any claim, action or demand for compensation from a User or a third party and, where applicable, undertake to compensate the Company, its employees and its representatives, for all costs (including legal fees, costs and expenses) and damages relating to claims and legal actions relating to (i) the use of the Services by the User in an illegal, immoral or fraudulent manner, or contrary to the Contract; (iii) the infringement of the Intellectual Property rights of the Company or of any third party as a result of the use of the Services.
Article 5: Obligations, responsibilities and guarantees of the Company
The Company implements the resources and measures necessary for the smooth operation and maintenance of the continuity and quality of the Services. The Company also makes every effort to ensure that the information available on the Application is accurate and up-to-date.
The User acknowledges that the Company cannot be held responsible for any interruption of Services or delay in performance beyond its control and, in particular, that the provision of Services depends on the reliability, availability and continuity of connections from a number of third parties (operators of the telecommunications network, the Internet, the User's equipment, etc.) and on the accuracy and integrity of the data communicated by the User. The Company may suspend the Services for the purposes of scheduled maintenance by the Company or one of its subcontractors or in the event of a technical imperative.
It is understood between the Parties that the Company may under no circumstances be held liable to compensate for any indirect damage suffered by Users as a result of using the Services.
Furthermore, the Company may not be held liable (i) in the event of negligence on the part of the User and/or (ii) for acts of the User that do not comply with the applicable regulations and/or the Contract.
Article 6: Intellectual property
The Application and all its components (text, images, logos, etc.) are, unless otherwise stated, the exclusive property of the Company and are protected by intellectual property law. Any use, exploitation or reproduction without the consent of the Company is prohibited.
No provision of the Contract may be interpreted as a transfer of Intellectual Property rights.
The Company grants the User, for the duration of the Contract, a personal, non-exclusive and non-transferable right to use the Application.
The User undertakes not to (i) attempt to access or copy the source codes of the Application; (ii) use the Application for purposes other than using the Services; (iii) create copies of the Application; (iv) reproduce, correct, extract, modify, translate, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), incorporate the Application into other software or create derivative works based on the Application in any medium whatsoever; (v) resell, hire out or commercially exploit the Application, or transfer/assign the Application to a third party; (vi) carry out penetration tests or attempt to obtain a denial of service on the Services; (vii) carry out any form of illicit extraction of data from the Application.
The User acknowledges that any violation of this article constitutes an act of infringement punishable under civil and criminal law.
Article 7: Suspension and termination
7.1. Termination by the User
The User may, at any time and without having to justify his/her decision, terminate the Contract by requesting the deletion of his/her account. The request for deletion of the account must be sent to the Company at the following address: info@goodwill.fr
7.2. Suspension and termination by the Company
- Termination for convenience
The User acknowledges that he/she has been informed that all or part of the Services may be terminated by the Company, without the Company having to justify its decision and without compensation. In this case, the Company must give one (1) month's notice.
- Suspension and termination for breach
In the event of misconduct or breach by the User, such as the use of one or more Services contrary to the stipulations of the Contract or to the laws and regulations, the Company may, seven (7) days after having unsuccessfully requested the User, by written notification, to remedy the breaches observed :
- either suspend or limit the User's access to all or part of the Services ;
- or terminate, by any means, all or part of the Contract and/or the Services.
7.3. Consequences of termination
Any termination of the Contract by the Company or the User automatically results in (i) the termination of the User's right of access to the Services, (ii) the deletion or anonymisation of all data communicated by the User, it being specified that the Company is nevertheless authorised to retain a copy of the Confidential Information for any purposes imposed by applicable law.
Article 8: Protection of Personal Data
The Personal Data protection policy, accessible [link], describes the respective roles and obligations of the User and the Company concerning the processing of Personal Data in the context of the performance of the Services. By accepting the GCU, the User and the Company undertake to comply with the terms and conditions of the said policy.
Article 9: Force majeure
Neither party shall be liable in the event of force majeure. Force majeure suspends the obligations of the Party concerned for the duration of the force majeure. Nevertheless, the Parties shall endeavour to minimise the consequences as far as possible.
Are considered by the Parties as cases of force majeure, the situations of which the constituent elements are characterized within the meaning of article 1218 of the Civil Code and the jurisprudence of the Court of Cassation. In the event of the occurrence of such an event, the Party affected must immediately inform the other Party in writing.
Article 10: Modifications to the T&C
The User acknowledges and accepts that the authoritative version of the T&C is that which is online at the time of use of the Services. The User must therefore refer to the version of the T&C online at the date of access and use concerned.
The Company reserves the right to modify the T&C at any time, in particular in order to take into account any changes to the Application and/or its Services as well as any legal, regulatory, case law and/or technical developments or constraints. In the event of substantial modification(s) to the Application, the Services and/or their terms and conditions of access and use, the Company will inform the User by any means and with reasonable notice..
Article 11: Miscellaneous
11.1. Waiver
The fact that one or other of the Parties does not avail itself of one or more of the stipulations of the Contract shall under no circumstances imply a waiver by that Party of its right to avail itself of such stipulation(s) at a later date.
11.2. Partial nullity
In the event that some of the provisions of the Contract should be inapplicable for any reason whatsoever, including by reason of an applicable law or regulation, the Parties shall remain bound by the other provisions of the Contract and shall endeavour to remedy the inapplicable provisions in the same spirit as that in which they were concluded.
11.3 Independence
It is perfectly clear between the Parties that each of them is acting herein as an independent contractor and that neither Party may be considered as the employee, agent, distributor, principal or representative of the other Party.
11.4 Interpretation
Words in the singular include the plural and vice versa. A reference to a document, standard, legislative provision, code or any other document implies any amendment or updating of this document, standard, legislative provision or code. Any reference to a sum of money refers to the currency euro.
Article 12: Applicable law and jurisdiction
These GCU are governed by and shall be construed in accordance with French law. Any dispute relating to these GCU, the Application or the Services shall be submitted to the competent French courts.
Article 13: Contact
If you have any questions about these T&Cs, please contact us at: info (at) goodwill.fr