REUSSIR (hereinafter referred to as the "Company"), is a simplified joint stock company governed by the laws of France, with a share capital of EUR 2 378 640, whose registered office is located at sis 1 rue Leopold Sédar Senghor, 14460 Colombelles, France, registered with the Registry of Commerce and Companies of Caen under number 388.308.637 and represented by Mr. Thibaut De Jaegher.
The hereby General Terms and Conditions of Use (hereinafter referred to as the "Terms") define the legal framework for the use of the "Commoprices" platform, designed and operated by the Company.
The hereby Terms also define the legal framework of the relationship between the Company on the one hand and any user of the Services offered by the Company on the other hand (hereinafter referred to as the "Users"). The Company and the Users are hereinafter jointly referred to as the "Parties" and individually as a "Party".
The Company can be contacted at the address indicated at the top of this document, by telephone at +33 (0)2 31 35 77 00 or by e-mail at email@example.com.
By using the Platform and its services, the User accepts without reservation the present Terms. The User affirms and acknowledges that he/she has read these Terms.
In the hereby Terms, words or expressions beginning with a capital letter have the following meaning:
The Services offered by the Company are accessible from the Platform.
The Services offered on the Platform give the User the following functionalities:
The Services offered by the Company are subject to change. The Company reserves the right to offer any Services it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide said Services.
The Platform and its Services are accessible to any User with Internet access. All costs related to accessing the Platform, whether hardware, software or internet access costs, are exclusively the responsibility of the Subscriber and/or the User.
Access to the Platform or its Services may be limited to a maximum number of access and/or a specific duration within a defined period of time.
The hereby Terms are applicable throughout the duration of browsing and access to the Platform. The Company reserves the right to modify the present Terms. Any modification will take effect as of their publication. The User agrees to be notified of updated Terms by their publication on the Platform.
In the event that the User does not accept these modifications, he/she shall be free to cease using the Platform.
By continuing to use the Platform or by accessing it after the effective date of the updated Terms, the User declares that he/she is aware of the updates and accepts all the changes made to them.
The latest version of the Terms available online on the Platform will prevail, if necessary, over any other version of these Terms.
4.1 To access all the features of the Platform, the User must have an Account. The Subscriber must subscribe to the Services under the conditions and according to the terms determined in the General Terms and Conditions of SaaS Services, available at https://commoprices.com/de. Once the subscription has been taken out, the Subscriber assigns Users rights under its sole responsibility. The Subscriber will provide the Users with login credentials provided by the Company.
4.2 Each time the Platform is used, the User must systematically enter his/her Identifiers which he/she must keep secret. These Identifiers are non-transferable and for strictly personal use. The User must ensure that his/her Identifiers are not used or likely to be used by third parties. In this respect, the User undertakes to keep the different elements of his/her Identifiers separate.
The User guarantees that he/she will protect his/her Account information and will be fully responsible for any use of his/her Account by himself or by a third party.
4.3 The Company may request certain additional information in order to certify the reality of the identity of all potential Users of the Platform. By accepting these Terms, Users agree to provide all of the above information at the Company's first request. Otherwise, the Services will not be accessible.
4.4 The User undertakes to provide accurate personal information and to update it systematically, through his/her profile, in order to guarantee its relevance and accuracy throughout the use of the Platform. The User agrees not to create or use, under his/her own identity or that of a third party, Accounts other than the one initially created.
In case of non-compliance with the provisions of these Terms, the Company reserves the right to modify or terminate access to the Platform at any time, without notice and without liability to the User.
The Company also reserves the right to remove any Content from the Platform, for any reason and without prior notice. However, the deleted Content may be retained by the Company in order to comply with certain legal obligations.
The Company declines all responsibility in the event of loss or misuse of this information provided when downloading from the Platform.
5.1 The Services are accessible 24 hours a day, 7 days a week within the limits hereinafter set out.
In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services, the User who has subscribed to the Services from a Member State of the European Union, will have access to the same content and in the same way when temporarily using the Services in another Member State, at no additional cost. However, the Company cannot guarantee the same quality of service as that provided to the User in his/her country of residence.
5.2 The Company reserves the right to make any changes and improvements to the Services as it sees fit, provided that this does not result in any deterioration in the quality or substantial modification of the functionality of the Services.
5.3 Temporary interruptions of the Services will, as far as possible, be notified via the Platform at least 24 hours before they occur, except when such interruptions are of an emergency nature.
Any permanent closure of the Services shall be notified via the Platform at least one (1) month before it occurs.
6.1 The User undertakes, throughout the use of the Platform and the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. The User is solely responsible for the information transmitted to the Company via the Platform. In this respect, the Company shall not be held liable under any circumstances.
The User undertakes to comply with the terms of these Terms.
6.2 When using the Platform and/or its Services, Users shall refrain from:
6.3 Users also agree to:
6.4 If, for any reason, the Company considers that the User is in breach of these Terms, the Company may at any time, and at its sole discretion, suspend the User's use of the Platform and the Services temporarily or permanently, terminate the User's access to the Platform and the Services and take any action, including civil and criminal legal action, against that User.
7.1 The Company cannot be held liable for the Content transmitted by Users via the Platform and gives no guarantee, express or implied, in this respect.
Users are solely responsible for the use they make of the Platform and for the direct or indirect consequences of such use. They are liable for using the Platform in accordance with the regulations in force.
7.2 The Company is also under no obligation to pre-screen, check or modify the information transmitted by Users via the Platform. The Company shall not be liable for the choices made by Users.
7.3 The User acknowledges and agrees that the Company shall not be liable to the User for any direct, indirect, incidental, special, consequential or exemplary damages or damages for loss of profits, customers, use, data or other intangible losses resulting from:
7.4 In addition, the Company shall not be liable for the non-functioning, inability to access or malfunctioning of the Services of the User's access provider or of the Internet network. It will be the same for all other reasons external to the Company. Indeed, although the Company makes every effort to avoid malicious use of the Platform, the Company cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate computer equipment and programs.
7.5 In general, the User agrees to indemnify and hold harmless the Company and its subsidiaries, affiliates, representatives, agents and staff, advertisers or partners, from any claim arising from the User's use of the Platform, Services or Content in a manner inconsistent with these TOU, the User's failure to comply with these TOU or any other actions by the User related to a prohibited use of the Platform, Services or Content.
The Company is the exclusive owner of the Intellectual Property Rights on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as its databases of which it is the producer.
The general structure of the Platform, and all the elements that make it up (such as names, brands, logos, designs and models and any other distinctive sign, domain names, phonographic or videographic recordings and their associated elements), are the exclusive property of the Company and/or its licensors.
All these rights are reserved for the whole world.
The Company grants the User a non-exclusive license to use the Platform. In this respect and in accordance with the provisions of the French Intellectual Property Code, only the use of the Platform and its Content for professional use, subject to different or even more restrictive provisions of that code, is authorized. Any other use constitutes an infringement and is punishable under the French Intellectual Property Code unless the Company’s prior authorization.
This license is strictly personal and may not be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Platform.
No title or right whatsoever on any element will be obtained by the use of the Services. The User is expressly prohibited from reproducing, publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, decompiling, modifying or performing any work based on this Platform, the elements of the Platform or any software related to it.
The Services are provided on an "as is" and "as available" basis. The Company does not guarantee an error-free, uninterrupted and secure supply of the Services offered via the Platform.
The Company is not bound by any obligation of personalized assistance, in particular technical assistance.
The Company disclaims any express or implied warranty, in particular regarding the quality and compatibility of the Platform for the use that Users will make of it.
The Company does not guarantee any result or benefit from the use of the Services offered through the Platform.
Nor does the Company guarantee that the information transmitted by the Users cannot be subject to intrusion by unauthorized third parties or be corrupted or downloaded, or that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.
Users undertake to take all reasonable precautions to preserve the confidentiality of their login and password allowing access to the Platform.
In this respect, the User undertakes in particular to :
It is also strongly recommended that Users change their password required to access the Platform at regular intervals. To do so, the User must access the "forgotten password" tab. The Company will then send him/her a link to set up a new password.
When changing his/her password, the User must ensure that the password does not consist of easily identifiable combinations such as his/her surname, first name, date of birth, or those of a close relative (spouse, child, etc.), a password used for other purposes (in particular for a personal email, etc.).
The User also agrees not to store on his/her computer, smartphone and/or digital tablet, his/her Identifiers, nor to send them via unsecured transmission channels such as email, text message.
The User is also responsible for deleting the information stored on his/ her computer, smartphone and/or digital tablet after using the payment services, including deleting cookies and history or deleting data stored in the cache.
The Internet is an open international telecommunications network that the User can access through a computer, smartphone or digital tablet. In order to access the Platform and the Services, the User must comply with the technical requirements (regarding equipments and softwares) as described in these Terms.
The User is required to take all necessary measures to ensure that the technical characteristics of his/her computer, smartphone, or digital tablet, as well as his/her software and internet subscription, allow his/her to access the Platform safely.
The User is entirely responsible for the proper functioning of his/her computer equipment, as well as his/her internet connection. In this respect, the User must ensure that this equipment is free of problems or viruses and has sufficient security to prevent the risk of a third-party obtaining access to his/her Account and the data contained in this space.
The User must make every effort to preserve this security. To do this, the User must ensure in particular that there is no risk that hostile programs or viruses will gain access to and disrupt the Company's computer systems. In particular, the User must ensure the security of his/her computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software and a personal firewall.
The User assumes the technical risks related in particular to a power cut, an interruption of connections, a malfunction or an overload of networks or systems.
The User acknowledges that he/she must contact the Internet service provider of his/her choice to access the Internet, the Platform and the Services. In this context, the User acknowledges that it is up to the User to choose his/her Internet service provider and to determine the terms of his/her relationship with it.
The Company shall not be liable for any risks relating to Internet access and risks relating to the transmission of data remotely by the User or to the User, in particular in the event of a dispute between the User and his/her Internet service provider, in relation to the confidential/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions of telephone lines and the Internet network.
The User is responsible for using the Services in accordance with the technical requirements in accordance with the security instructions given by the Company.
Under normal conditions, the Services are accessible through the Platform.
The User shall log in to the Platform for a limited period of time and undertakes to log out as soon as he/she has finished using the Platform. The disconnection to the Platform is not automatic, once connected, the User remains connected to the Platform until he/she disconnects by clicking on the indication disconnect from the Platform.
The Company reserves the right to:
In accordance with the French Data Protection Act of January 6, 1978 (Loi relative à l’information, aux fichiers et aux libertés) and the European regulation on the protection of personal data (GDPR), the User is informed that some of his/her information are collected by the Company in order to enable it to process and perform its Services on the Platform.
The Company acts as a subcontractor, on the instructions of the Subscriber, who is qualified as the controller of the Personal Data. The Subscriber is informed that it is his/her sole responsibility to comply with the obligations incumbent upon him/her under the applicable regulations on the protection of personal data.
Whenever Personal Data is collected by the Subscriber or transferred by the Subscriber, or by the Company on the instruction of the Subscriber, it is the responsibility of the Subscriber to ensure that the collection, processing and/or transfer of Personal Data is authorized.
Any event beyond the control of the Company and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the parties, such as but not limited to: a strike or technical failure (EDF, Enedis, telecommunications operators, Internet access or hosting providers, etc.), a suspension in the supply of energy (such as electricity), a failure of the electronic communication network on which the Company depends and/or networks that would be substituted for it.
The Company shall not be held responsible, or considered to have failed in its obligations under these Terms, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand.
The provisions of the hereby Terms express the entire agreement between the Users and the Company. They prevail over any offer, exchange of letters prior and subsequent to the conclusion of the present, as well as any other provision contained in the documents exchanged between the parties and relating to the subject matter of the Terms, except in the case of an amendment duly signed by the representatives of both parties.
The fact that one of the parties to the hereby Terms has not required the application of any clause, either permanently or temporarily, shall in no case be considered as a waiver of the rights of that party arising from the said clause.
If one or more provisions of these Terms are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations of these Terms will retain all their force and scope.
If necessary, the Company undertakes to immediately remove and replace the said clause with a legally valid clause.
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.
The hereby Terms are governed by and construed in accordance with French law, without regard to principles of conflict of laws.
In the event of a dispute arising from the interpretation and/or execution of these Terms or in relation to these Terms, the parties agree to make every effort to resolve amicably any disputes to which these Terms may give rise.
All disputes, in particular relating to the validity, performance, interpretation and/or termination of these Terms shall be subject to the sole jurisdiction of the courts of the jurisdiction of the Company's registered office, unless otherwise provided by mandatory procedural rules.