GENERAL CONDITIONS OF SERVICES

YSYONE- 6 Chemin des Vitarelles 31150 LESPINASSE SAS with a capital of 301 000 € – Registered at the Trade and Companies Register of Toulouse under N°88285270000013

YSYONE- 6 Chemin des Vitarelles 31150 LESPINASSE SAS with a capital of 301 000 € – Registered at the Trade and Companies Register of Toulouse under N°88285270000013

– These “General Conditions of Services” (“GCS”) group together the legal information relating to the editorial and commercial activities of the entire Website and the application www.paypersafe.com, including all possible sub-domains, and constitute the contractual basis of relations, as well as commercial relations, between you and YSYONE SAS, publisher, owner and sole representative of the aforementioned Website, identified in the Legal Notices.

– The purpose of these GCS is to define the conditions and procedures for accessing and using the aforementioned Website www.paypersafe.com.

The currently online version of these GCS, accessible at any time, is considered complete and up-to-date, and remains the only one opposable for the duration of use of the Website and until a new version replaces it.

– Your explicit acceptance of these GCS is mandatory in order to use the aforementioned Website, and implies your express and unreserved acceptance of their application.

YSYONE SAS confirms its good faith and implements all necessary means for the proper performance of its contractual obligations.

Any specific contract that may be added to these GCS will be notified for express acceptance or for notification depending of the case.

Part 1: Application of GCS and use of the application

Article 1. Definitions

The parties of these General Conditions of Services mutually decide of the use of the following terms for the proper understanding of their mutual commitments:

The Website: the Website and the web application accessible at the address www.paypersafe.com, all possible sub-domain(s) included.

PAYPERSAFE: refers to YSYONE SAS, owner, publisher and sole representative of the Website, of the trade name and brand “PAYPERSAFE”, as identified in the Legal Notices.

Users: means any natural or legal person who consults the Website without necessarily registering or subscribing to PAYPERSAFE’s Services, and/or Subscriber Users when it is not required to distinguish between Users categories.

Subscribers: refers to any User, with full legal capacity, who registers on the Website and uses its functionalities to open and manage a digital safe.

The Safe: refers to the online space rented by PAYPERSAFE to the Subscriber.

The Recipient: any natural or legal person getting Content from a Subscriber’s safe.

The Parties: means together PAYPERSAFE and the Users, Subscribers or not, who have consented to these GCS.

The GCS: the whole of this indivisible contract governing entirely and exclusively the registration and use of the Website as a whole, by all Users. The GCS are also referred to here as “General Conditions of Services” or “Contract”.

The Privacy Policy: the indivisible document, constituting all of PAYPERSAFE‘s commitments relating to the collection and processing of personal data carried out via the Website, and accessible by clicking here.

Third party: any person who is not a party to the GCS.

The Service(s): refers to all the services offered by PAYPERSAFE through the Website.

Information: all information published on the Website by PAYPERSAFE.

Content: all content, information and data provided by Users, intended to fill their digital safe.

Data: all the management data provided by the User to use the Website and its features.

Article 2. Object

Section 2.1. Purpose of the Website

. PAYPERSAFE‘s activity via the Website consists of allowing Subscriber Users to create and manage a digital safe hosted by PAYPERSAFE, as well as secure transfers of Content stored therein by the Subscriber.

. Access to the Services is reserved for valid Users (hereinafter “Subscribers”).

Section 2.2. Object of the GCS

. These GCS totally and exclusively manage the contractual relationship between Users and PAYPERSAFE, to the exclusion of any other agreement or convention.

. The GCS manage their registration and their possible subscription on the Website, as well as the specific conditions and procedures for sharing Content for Recipients. However, this sharing is carried out under the full and entire responsibility of the Subscribers.

. These GCS are also intended to set the role of technical intermediary of PAYPERSAFE, the respective rights and obligations of the Parties when registering Users on the Website, as well as their several uses of it, in its informative part as well as its interactive parts including its features.

Article 3. Application of the GCS

Section 3.1. Ability to act

. Registration on the Website is exclusively open to identified Users, who certify that they are of legal age, have the legal capacity to act and contract with PAYPERSAFE, and must provide any legitimate additional proof that PAYPERSAFE may require.

. The users renounce to seek PAYPERSAFE’s responsibility if they cannot use the Website due to their failure in the provision of this Data.

Section 3.2. Acceptance of GCS

. The application of these GCS becomes fully effective upon their acceptance by the User, through the double-click process which is equivalent to a digital signature, accepted as perfect proof having the same force as the physical signature.

. Acceptance of these GCS is therefore expressed at once, applies to the whole, and entails waiver of any prior declaration to the contrary, written or verbal.

. This acceptance is presumed valid by the mere fact of browsing when it is not followed by any specific action, from accessing the Website to the exit of the User, excluding clauses which by their nature would not apply.

. The fact for any natural or legal person to use the Website and the offered Services implies their full and complete approval and acceptance of these GCS, which is expressly recognized by the User / Subscriber, who expressly waives the right to rely on any contradictory document, which would be unenforceable to the Parties.

Section 3.3. Indivisibility and opposability

. These GCS are indivisible; they include this document and any annexes thereto.

. Any particular clause of these GCS expressly notified as such and explicitly approved prevails over its general clauses in case of any contradiction.

. Under no circumstances may Users voluntarily and unilaterally abandon the application of one or more clause(s) of these GCS. Any modification or substitution by PAYPERSAFE of one or more clause(s), for any reason whatsoever, does not constitute a waiver by it of the whole.

. Furthermore, in case of any possible legal proceeding leading to the recognition of the invalidity of one or more clause(s) of these GCS, this invalidity would in principle apply to the clause(s) concerned by the said procedure only, unless the invalidity of the whole is pointed out by law or acquired by binding court decision.

. Any provision contrary to these GCS that would be invoked by the User will, in the absence of express acceptance by both Parties, be unenforceable against PAYPERSAFE, regardless of when it may have been brought to its attention. Except specific conditions mentioned in a contract between the Parties, no document can prevail over these GCS.

Section 3.4. Interpretation of clauses

. In case of a conflict of interpretation between the content of these GCS’s clauses and their titles, priority will be given to the content of the provisions.

. All of the deadlines applicable under these GCS are considered to be working days.

Section 3.5. Modification of the Website and modification of the GCS

. PAYPERSAFE has the exclusive right to modify the content of the Website and the terms of these GCS, in part or in whole, as well as to offer special conditions, appendix(ces) or amendment(s), at any time and without having to justify it, since this or these modification(s) is or are made necessary by a legitimate commercial or legal objective (in particular according to the evolvement of techniques and/or legislation), and without said modifications leading to substantial modifications. Any modification(s) cannot be considered as a renunciation by PAYPERSAFE to all of the GCS.

. The modification of these GCS by a court decision can only nullify the invalidated clause(s), unless the invalidity of the whole is pointed out by law or acquired by enforceable court decision. If necessary, PAYPERSAFE undertakes to delete and immediately replace said clause with a valid clause, legally.

. Unless the Parties have agreed otherwise and explicitly by a formal agreement, these GCS cannot be modified other than in the ways described herein.

Section 3.6. Acceptance of modifications to the GCS

Modifications to these GCS relating to crucial obligations or involving a decreasing in the rights of Users must be explicitly approved by the latter, by any clear and unambiguous means allowing this consent to be attested by a voluntary action of the Subscriber (in particular, by straight acceptance on the Website via a new checkbox, a click on a button included in an email sent by PAYPERSAFE, etc.).

. The new conditions will be fully applicable upon their acceptance by the Subscriber, and will therefore govern the new contractual relationship until their term.

. Subscribers acknowledge that in case they refuse the new GCS, their decision prevents the continuation of contractual relations, and that the benefit of the Services and associated functionalities are suspended for a maximum period of one (1) month, during which they are likely to receive one or more reminder email(s) from PAYPERSAFE, inviting them to accept the new GCS.

. Subscribers acknowledge that their account may be temporarily deactivated until they have explicitly approved the new GCS.

. In the absence of explicit approval from the concerned Subscribers within the aforementioned period, the latter admit that their account may be purely and simply closed and their possible subscription validly terminated by PAYPERSAFE, which then undertakes to reimburse all sums truly due for any remaining subscription period and unused Services, calculated in proportion to the number of days/months remaining until the next anniversary date of the concerned subscription.

Modifications to these GCS relating to ancillary obligations or not implying a decreasing in the rights of Subscribers will be the subject of prior notification by PAYPERSAFE to the attention of the latter, who will not need to take any action or explicitly approve said modification for it to be applicable.

. In this case, PAYPERSAFE undertakes to respect a reasonable notice of at least fifteen (15) days to notify the Users of the GCS’s modification.

. The new conditions will be fully applicable and will govern the new contractual relationship starting their publication on the Website, and will last until their term.

 

Article 4. Duty of cooperation and information

Section 4.1. Duty of cooperation and mutual information

. The Parties undertake to collaborate actively and in good faith for the proper execution of these GCS and to be bound by a general obligation of mutual information.

. The User admits, unreservedly, his own duty of collaboration and undertakes to provide accurate and authentic information, and to state his specific needs if necessary.

. The responsibility of PAYPERSAFE cannot therefore be sought, in whole or in part, for breach of its advising obligations, resulting from the User’s silence on one or more elements that may determine its commitment, in particular with regard to the use it intends to do of it, if this use differs from the standard uses of the offered Services.

. The User agrees in general, during and after these GCS execution, to act in good faith and to implement all reasonable means to guarantee PAYPERSAFE against any loss, damage or claim concerning or not the use of the Services.

. The User responds to his liability resulting from his own activities, professional or not, on the Website or not.

. The User responds to his liability resulting from the creation, disclosure, distribution, transfer of any false advertising concerning PAYPERSAFE and its possible partners.

Section 4.2. Probative force of electronic correspondence

. Pursuant to Articles 1316 and following of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, it is accepted between the Parties that, except as otherwise provided in these GCUS or in the legal provisions in force, exchanged correspondence between Users/Subscribers among themselves and/or between Users and PAYPERSAFE and/or between Users/Subscribers and Recipients by e-mail, or directly on the Website via instant messaging, as well as information delivered by these means, are authentic between the Parties and for PAYPERSAFE, as long as no writing contradictorily authenticated and signed, questioning this computerized information, is produced.

. Elements such as the time of receipt or issuance, as well as the quality of the received data will prevail by priority as appearing on PAYPERSAFE’s information systems, or as authenticated by the company’s IT procedures, unless a written and contrary proof is provided by the Users.

. By express agreement, the data from the computer system of PAYPERSAFE or its partners constitute writings within the meaning of article 1316-1 of the Civil Code, the link between this data and the Party to which they relate being presumed, until a contrary proof. They are therefore evidence between the Parties and are enforceable against them in the same way, under the same conditions and with the same probative force as any document which would have been written and signed on paper by the Parties.

Article 5. Mutual independence

Section 5.1. Reciprocal Declaration of Independence

. The Parties declare each other totally independent. These GCS in no way have the purpose or effect of associating and/or mixing up the respective activities of the Parties, and in no way constitute a mandate between the Parties or any contract of representation.

. They each preserve the responsibility and the monopoly of all decisions in social, accounting, tax and legal matters in the broad sense. The failure, even partial, of one of the Parties in these matters shall in no case entail the liability of the other Party.

. As a result, the Parties also declare themselves independent with regard to any contractual relations entered into with any third parties and under their own respective responsibilities. The Parties are liable, within the limits set by law and by any agreement, due to third parties to whom they may be bound by contract, for any damage caused to the other Party in the framework of the execution of the said contract.

Section 5.2. Independence of PAYPERSAFE and use of the Internet

. The User admits, unreservedly, to discharge PAYPERSAFE from any form of liability for its own use of social networks and other digital platforms of any kind on the Internet. He certifies that he uses the Internet and these third-party networks under his own responsibility, with respect to any possible damage resulting from the registration, use, and/or publication of content of any kind, and/or from any disputes, exclusions or claims, related directly or indirectly to third-party networks, whether or not these activities are related to the execution of these GCS.

. The presence of social network icons and / or other icons allowing interaction with other Websites and digital platforms on the Internet from the Website does not amount to and does not constitute any contractual link between them and PAYPERSAFE.

Article 6. Maintenance and availability of the Website and Services

Section 6.1. Access to the Website

. PAYPERSAFE certifies that it implements the necessary means for the availability of the Website, to allow access to the Website 24 hours a day, 7 days a week, and for optimal use at the technical level, except in the event of force majeure, and remains in this respect subject to a simple obligation of means.

. The User acknowledges that the consultation of the Website is free, and that any additional costs borne by the User in this context, and not attributable to PAYPERSAFE, cannot in any way be charged to PAYPERSAFE or borne by the latter.

. The User also releases PAYPERSAFE from any liability in the event of a malfunction, any temporary suspension of services and/or impossibility of access to the Website due to an event beyond its control (technical hazards, disruptions on the network internet, etc.), punctual and unpredictable for PAYPERSAFE , so that the latter was not able to warn the User.

. PAYPERSAFE reserves the right, at any time and without liability, to:

– suspend or limit access to the Website from time to time to carry out maintenance operations or updates;

– suspend, interrupt or limit access to all or part of the Website, and/or reserve access in whole or in part, to a specific category of Users;

– delete any information that could disrupt its operation or contravene national or international laws, or the Netiquette rules.

Section 6.2. Prohibited Use(s) of the Website

. The User acknowledges accessing the Website and using it under his own responsibility. The information appearing on the Website may also not be used for commercial, political or advertising purposes and for any form of commercial solicitation (and in particular the sending of unsolicited e-mails).

Article 7. Moderation of PAYPERSAFE

. PAYPERSAFE actively monitors the content of the Website as a whole, with regard to all positive law and standard practices on the Internet. Users and Subscribers admit, unreservedly, that all statements of any kind possibly published on the Website are systematically verified by PAYPERSAFE, by virtue of its discretionary and unilateral power of moderation and control.

. PAYPERSAFE thus reserves the right, at any time and without having to justify it, to delete any information that may disrupt the operation of the Website or violate these GCS, national or international laws, or the rules of Netiquette, as well as to exclude the authors or those responsible for the publication of said content, to suspend or close their account, and thus to cancel the subscribed functionalities, and without prejudice to any legal procedure released by the law in force in compensation for any damage .

. PAYPERSAFE may however communicate with the concerned User/Subscriber in such a case, in order to seek a solution prior to any sanction described above. The latter can also communicate with PAYPERSAFE in this context, but the latter does not undertake to answer back or to provide any Services to the defaulting User.

. Users can communicate with PAYPERSAFE, and participate in this moderation by reporting any behavior or content at any time, via the following email address: [email protected]

Article 8. User Support and Customer Service

Section 8.1. Support dedicated to all Users

. PAYPERSAFE sets up a User Service to help Subscribers use the Website, accessible via their personal space as soon as they are registered and connected.

. PAYPERSAFE undertakes to take charge of ticket requests made in this way as soon as possible, from Monday to Friday from 9 a.m. to 6.30 p.m. Users understand and agree that ticket requests are only received during these times.

. PAYPERSAFE undertakes to answer back any request and to offer any suitable solution to help the User register and/or handle and use the Website under the best conditions, and this within a reasonable period of time which cannot exceed seven (7) days .

. Are included in the scope of this service:

  • requests relating to the handling of the functionalities of the Website (possible basic bugs, difficulties of handling, registration and use of the Website in general);
  • requests relating to the creation of their Safe(s) and the management of their Content, as well as the conditions applicable to the sharing of Content for Recipients.

. Are not included in the scope of this service:

  • requests relating to personal data possibly collected via the Website, governed by the PAYPERSAFE Privacy Policy;
  • any disagreements between Subscribers and Recipients;
  • requests for general technical resource advice;
  • requests relating to PAYPERSAFE codes, resources, methods, models, and know-how ;
  • requests for tax and legal advice in general.

Section 8.2. User Service Moderation

. PAYPERSAFE reserves the exclusive right to include or not the requests, on a case-by-case basis, within the scope of its personal intervention, and to propose, or even impose an additional period to respond effectively to the User’s request, either whether the answer requires further research, or it requires the intervention of a third-party provider.

. When an external service provider thus intervenes on the User’s installations, the said service provider bears full responsibility for its intervention, PAYPERSAFE then only serving as an intermediary and only ensuring the maintenance of the Website itself.

Article 9. IT security

Article 9.1 Conditions of security and normal use of the Website

. PAYPERSAFE undertakes to provide and maintain the Website under the best possible security conditions to allow optimal use, and within the limits of normal use of the Website, as described in these GCS. PAYPERSAFE cannot fully guarantee the absence of anomalies, errors or occasional bugs, just as it does not guarantee any compatibility with any hardware or any IT environment in particular, and thus excludes all liability in the event of difficulty or impossibility of using the Website and/or downloading viruses, or any form of IT attack suffered by the User and/or the Recipient and which may have a direct or indirect link with their Website use.

Section 9.2. Security threats for PAYPERSAFE

. Users undertake not to infiltrate the computer systems of PAYPERSAFE, nor those of its suppliers and partners, nor attempt to do so, whether or not using confidential data regulated by these GCS and/or by the Privacy Policy.

. In particular, are strictly prohibited under penalty of legal proceedings, fraudulent access and/or fraudulent maintenance on the Website, likely to hinder its operation in any way whatsoever, the introduction and/or modification of data contained in the latter, as well as any behavior likely to interrupt, suspend, slow down and prevent the continuity of the Website as a whole, any intrusion or attempted intrusion into PAYPERSAFE‘s computer systems, any misappropriation of its system resources, any action likely to impose a disproportionate burden on its infrastructure

. PAYPERSAFE recalls that these facts may constitute offenses punishable in particular by criminal law and are likely to lead to legal proceedings.

Section 9.3. Responsibility of the User in terms of IT security

. PAYPERSAFE cannot be held liable in case of the occurrence of technical problems and/or a cyber-attack affecting the premises, installations and digital spaces, software, and equipment belonging to or placed under the responsibility of the User, despite all possible security measures taken by PAYPERSAFE.

. The User declares to have taken note of the characteristics and limits of the Internet making the data circulating there potentially vulnerable, as well as the responsibility of the issuer of any communication of IT content (in particular protected or sensitive).

. The usernames and passwords allowing the Subscriber to connect to the Website are strictly confidential and placed under his full responsibility. PAYPERSAFE declines all responsibility for any damage that may result from their possible loss and/or from the unauthorized use by a third party of the personal space of the concerned Subscriber. PAYPERSAFE implements a password reset procedure to generate a new one.

. Passwords are never visible in plain text by PAYPERSAFE.

. The User may at any time inform PAYPERSAFE if he notices a security breach (whether or not concerning the voluntary communication or misappropriation of his username and/or password), so that PAYPERSAFE can take any appropriate measure without delay in order to remedy it.

Section 9.4. Liability for hyperlinks

. The establishment of any incoming hypertext links (referring to the Website), including as a professional reference in favor of PAYPERSAFE, and from any Website and from any terminal, is a priori free subject to compliance with the following conditions:

– the practice of links must not be systematic or abusive;

– the link has been verified beforehand and does not a priori involve any IT risk;

– the link is not associated with a false, obsolete, incomplete description of PAYPERSAFE, the Website and its activities;

– the link also does not violate any intellectual property rights and can in no way represent a risk of confusion in the mind of the public or an element of unfair competition.

. Users acknowledge that the disputed posts may be verified by PAYPERSAFE, and undertake to remove said link upon simple written request from the latter, who in any event reserves the right to take legal action, whether or not in court, to obtain the removal of the disputed content and/or compensation for any damage resulting therefrom.

. PAYPERSAFE‘s liability is therefore strictly excluded for any damage resulting from any technical problem and/or security breach, or any violation of the GCS and/or the legislation in force, originating from such a hypertext link.

Section 9.6. Security and confidentiality of Content exchanges from the Safes

. The sharing of Content by Subscribers to Recipients is strictly secured by encryption at the input and output of the PAYPERSAFE servers, so that only the Subscriber and the Recipient can actually consult the concerned Content.

. PAYPERSAFE undertakes, for itself as well as for all its staff (internally and outsourced), to a reinforced obligation of secrecy with regard to Subscribers and their Content, and is strictly prohibited from accessing it, except in the event of litigation and/or legal proceedings requiring them to be revealed, for the purposes of possible proof.

. Failing the occurrence of these specific cases, PAYPERSAFE can only view the types of Content and the movements made by the Subscribers (loading/sharing; text files, videos, photos, etc.).

Article 10. Intellectual property

Section 10.1. General prohibition on intellectual assets of PAYPERSAFE

. The User undertakes to respect the intellectual property rights that may be attached to PAYPERSAFE, during and after the execution of these GCS.

. It is accepted without reservation that any reproduction, representation, use, imitation or adaptation, distribution, sale, transmission, or making available to third parties, in whole or in part, by any process and on any medium whatsoever, of the elements constituting and/or representing the brand, commercial sign and the Website (texts, numbers, codes, names, drawings, images, logos, slogans, brands, signs, and any other element potentially representative of the distinctive intellectual assets of PAYPERSAFE), is prohibited without written agreement, prior and express from PAYPERSAFE, and likely to lead to prosecution according to all procedures in force.

. The fact for PAYPERSAFE not to initiate proceedings upon becoming aware of any unauthorized use of the aforementioned elements does not constitute acceptance by it of said uses, nor waiver of any legal proceedings.

Section 10.2. Protection of the Website as a whole

. PAYPERSAFE is the holder of all the intellectual property rights or rights of use relating to the Website or to the elements accessible on the Website, in particular in the form of texts, photographs, images, videos, icons, sounds, codes, figures or databases, except for Content that is explicitly attributed to Subscribers, and social media widgets.

. In particular, the photos and graphic illustrations of the Website are published in compliance with the copyrights attached thereto, whether they have been produced directly by PAYPERSAFE, or whether they belong to the public domain, or whether they come from legal sources, including service providers or image databases that guarantee the respect of these rights (in particular “Pixabay”, “Freepic”, “Unsplash”).

. Also, the texts and videos existing on the Website are either written / produced directly by PAYPERSAFE or used in compliance with the rights of the authors commissioned by the latter.

. PAYPERSAFE retains its legitimacy and/or ownership, and reserves the possibility of legal action concerning any use contrary to these GCS and the legal provisions in force.

. The User undertakes, concerning the aforementioned elements, not to reproduce them, represent, copy, modify, adapt, publish, redistribute, resell, transmit, assign, in whole or not, on any medium whatsoever, by any means whatsoever, in any manner whatsoever and to any third party, nor to use or exploit them without prior written authorization or under conditions other than those provided for in these GCS.

. As an exception, PAYPERSAFE authorizes their short quotation or repost subject to explicitly quoting PAYPERSAFE and/or their authors and inserting a link pointing to the Website.

– Credits :

° Website graphics and logo > Miss Roxane SOULAT (“Rokesane” www.rokesane.com or https://www.facebook.com/Rokesane.fr/ )

Section 10.3. Domain names

. The following domain names , all possible sub-domains included, belong to PAYPERSAFE and are protected by virtue of their registration and commercial exploitation:

www.paypersafe.com.

Section 10.4. Economic parasitism and unfair competition

. The commercial exploitation, by any unauthorized third party, of name(s) and distinctive sign(s) of the trademark, domain name, Website and commercial sign of PAYPERSAFE, as well as any action having the object or the effect of prejudicing it by creating any form of confusion in the public mind, is likely to lead to prosecution for unfair competition and/or economic parasitism according to all procedures in force.

. In particular, it is accepted without restriction that any copy or reproduction, in part or in full, of the Website’s contents, in order to reproduce them entirely or not on another Website or any other broadcasting medium, for commercial purposes, will be considered as an unfair competition likely to be prosecuted according to all procedures in force.

. Also the fact of using the Website for commercial prospecting or advertising purposes will be considered as unfair competition liable to legal proceedings.

Section 10.5. Intellectual Property on the Contents of the Safes

. PAYPERSAFE totally undertakes to respect the intellectual property that may be attached to the Content put in inside the User Safes, and never to exploit, broadcast, reproduce, assign, transfer, or communicate in any way whatsoever and for any reason whatsoever. In principle, PAYPERSAFE cannot access this Content, by virtue of its obligation of secrecy applicable to Subscriber Safes.

. Subscribers undertake to refrain from integrating and fraudulently manipulating any intellectual property content of which they are not themselves holders or for which they have not obtained any formal authorization validly allowing them to do so. Otherwise PAYPERSAFE disclaims all liability.

Article 11. Authorization of image rights and professional references

Section 11.1. Use of anonymized references

. Users fully agree to grant PAYPERSAFE the express right to use, publish, represent, reproduce, communicate to the public from the Website and from any known or future electronic communication network, on all Websites or digital spaces and any marketing materials, online or not, all anonymous or anonymized references (no photography or video), in particular graphics (logos, illustrations , etc.) illustrating in part the profile and/ or certain activities of the User/Subscriber on the Website, and this for purposes of execution of the present, and/or for promotional purposes and/or commercial prospection.

Section 11.2. Use of Non-Anonymous Content and Customer Testimonials

. Users may occasionally leave a non-anonymous testimony to PAYPERSAFE, and in this context authorize the latter, by signing an express authorization which will be provided to them in this context, to record, reproduce and represent their image and/or their voice and/or their words, written or not, in the context of their professional communication, on all types of media, free of charge, without geographical limitation and for a priori unlimited period subject to removal of the authorization thus provided.

. This authorization also makes it possible to modify the concerned Content in case of technical requirements or constraints (digital compression of the files online, formatting, etc.), and can be withdrawn at any time by the User according to the methods described therein.

. However, the uses thus authorized are limited to the context of the commercial exploitation of the Website and of these stipulations, except with a written, express and prior agreement between the Parties.

Article 12. Protection of source codes

. Users admit that the source codes allowing the editing and use of the Website are a priori inaccessible to them, belong to PAYPERSAFE and constitute a real and serious investment from the latter.

. Consequently, any action having the purpose or the effect of allowing access to these source codes, which by nature requires technical knowledge, will be considered as malicious by PAYPERSAFE, which reserves the right to initiate any legal proceedings in order to put an end to any resulting damage to it and to have it repaired if necessary.

. Therefore, and from the signing of these Terms, Users agree not to obstruct the legitimate interests of PAYPERSAFE.

Part 2. Validation of Registrations and subscription to the Services

Article 13. Validation of registrations

Section 13.1. Use of the Website without registration

. Unregistered Users can access to the Website and its free sections.

. Unregistered Users accept that they cannot benefit from all the functionalities reserved for registered Users (Subscribers), and they can in no case claim the benefit from PAYPERSAFE, which disclaims all liability for any damage resulting from the absence of registration in accordance with these GCS.

Section 13.2. Registration conditions

. Registration is carried out exclusively online by imperatively following the indicated procedure.

. Users cannot claim the benefit of the Services if they do not register according to the following terms.

. When registering, Users undertake to carry out the reporting formalities and to complete the mandatory fields requested under their full responsibility, and undertake to provide accurate, complete and sincere information. They undertake not to provide inaccurate information, not to use a false identity and more generally data likely to deceive or mislead PAYPERSAFE, other Users or third parties.

. Users waive the right to seek the responsibility of PAYPERSAFE and any lawsuit relating to any damage resulting from the impossibility of using the Website due to its own failure in the matter.

Section 13.3. Account creation procedure

. The process of registering and creating an account is free and identical for all categories of Users.

. Basic registration requires entering the Data requested by PAYPERSAFE, to get free access to some of the Services, allowing them to create a Safe and use it for a period of seven (7) days, without having to enter any bank details. The Users thus registered can then create their Safe and insert their Content therein, within the limit of the aforementioned period.

. After the period of seven (7) days, Users must provide additional Data (in particular, bank details) and choose a subscription plan.

. Users understand that at the end of this seven (7) day period, the payment of their subscription plan becomes due, that they will be debited from this moment (from the day after the end of the trial period free for seven days), and that their default to pay results in the closing of their Safe.

. When Users provide their banking information to the payment provider (PayPal), the latter carries out the usual verification. An e-mail is sent to the Subscriber when these verifications are successfully completed in order to notify the latter of the validation of his account.

Section 13.4. Final validation of registrations

. The validation of the registration takes place by the complete filling of the fields to be filled in obligatorily and of a box to be ticked, according to the technical and legal process of the double click.

. The Subscriber accepts with no restriction that this is the only process that certifies his digital signature of these GCS and to make effective the validation of this registration.

. PAYPERSAFE reserves the right to carry out any verification which seems necessary within the framework of the law, of any liability in case of any failure to provide this information and compliance with the procedures required for registration, in particular but not limited to case of identity theft, prohibition of banking and/or practice, etc.

. Consequently, PAYPERSAFE reserves the right to accept or refuse to validate a registration, at its own discretion and without having to justify it, without possible recourse or compensation for the Subscriber, in the event of violation of these GCS and/ or applicable law.

. In the same way, PAYPERSAFE reserves the right to put an end to the registration of a Subscriber at any time, under the conditions of the article 23 of these GCS.

Section 13.5. Effects of registrations

. Validation under the terms of these GCS entails the creation of a personal account, a digital Safe, and the benefit of the associated functionalities to the chosen plan, which are automatically attached to the account thus created.

. PAYPERSAFE does not send any connection identifier or password to the Subscriber, who chooses them by himself during the registration process, and which he can freely modify at any time via his personal space. He is exclusively and fully responsible for his identifiers and password and is in no way authorized to transfer his account or his access codes to another User or to a third party.

Article 14. Subscription to the Services

Section 14.1. Subscription terms

. Subscribers wishing to benefit from extended Services must validly subscribe to any of the plans listed on this page: https://paypersafe.com/pps-pricing/

– monthly subscription renewable with no commitment

– annual subscription renewable yearly by tacit renewal

. The content and the exact price of these plans are systematically specified prior to any validation of their subscription.

. The Subscriber understands and accepts that the opening of several Safes requires several registrations, which will be attached to as many e-mail addresses as Safes thus created.

. Any future changes to the subscription are possible via the Subscriber’s personal space.

. The Subscriber can download these GCS on a durable medium (in PDF format) by clicking on the corresponding link directly at the end of these GCS.

Section 14.2. Applicable rates

. PAYPERSAFE clearly displays all applicable rates and all the elements allowing Users to register and use the Website on the basis of free and informed consent.

. The Services are charged on the basis of the rates in force at the time of registration, which are indicated in euros and inclusive of tax (all taxes included, which includes VAT), and are systematically reminded in a transparent manner and prior to the validation of any registration. The applicable rates are set according to the Services chosen by the Subscriber.

. Any costs relating to payments made on the Website will be borne by the Subscriber. Therefore, payments will include, in addition to the price(s) displayed on the quote, all costs and all taxes of any kind, according to French regulations on the territoriality of these taxes.

. The PAYPERSAFE bank account being domiciled in France and not presenting any particular character, the payments do not incur any hidden additional costs. PAYPERSAFE‘s liability is thus totally excluded in the event of the application of any additional bank charges payable by the Subscriber due to his own banking situation.

. The percentage of commissions collected by PAYPERSAFE on the sharing of Content by Users is automatically calculated according to the subscription plan chosen.

Section 14.3. Means and terms of payment

. Paid Services are payable in cash, without discount, exclusively by credit card, and immediately upon validation of the subscription (after the 7-day trial period for the first payment), and each month or each year on the anniversary date of the subscription, in the absence of cancellation of the subscription and closing of the account.

. The sharing of Paid Content leads to the deduction of a commission retained by PAYPERSAFE at the end of this sharing.

. Subscribers release PAYPERSAFE from liability for any damage resulting from the difficulty or impossibility for them to make a payment, for any reason, and in particular due to a failure of the third-party service managing financial transactions.

. It is accepted that in all cases PAYPERSAFE may be required to validly block a transaction, on a provisional basis, while necessary security verifications are carried out.

. Invoices are emailed to the Subscriber by PAYPERSAFE and/or PayPal .

Section 14.4. Renewal and modification of subscriptions

. Annual subscriptions are automatically renewed on the anniversary date with one (1) month’s notice. Monthly subscriptions are renewed on each anniversary date of the subscription, and lead to the renewal of the monthly payment, carried out by default via the credit card used initially.

. The Subscriber may at any time modify the bank details to be used for subsequent payments, directly in his dashboard on the Website.

. In the event of tacit renewal, the subscription is extended under the same conditions and for an additional month. Otherwise, the Subscriber can benefit from the functionalities until the expiry of his initial contract, without the possibility of claiming any them after this date.

. Any started month is due, and any paid month can be entirely consumed until the anniversary date of its subscription. The annual subscription gives access to the Services for one (1) year starting the validation of the initial subscription.

. The Subscriber may notify PAYPERSAFE of his wish not to renew and to terminate his subscription before its expiry date, directly via the dashboard of its account on the Website, in accordance with methods described in articles 21 and 22 of these GCS.

– Change of subscription

. The Customer can, if he wishes, modify his subscription plan during the contract, directly via his dashboard. In this case, the chosen plan is invoiced at the end of the trial period when it has not finished yet, or otherwise immediately after the validation of this modification, requiring the provision of the Subscriber’s bank details.

Section 14.6. Termination clause by right

. Failure to comply with the mandatory payment procedures constitutes non-performance of the obligation to pay, which validly allows PAYPERSAFE to suspend or cancel a transaction, an order, or the benefit of a subscription or any Service on the Website, without having to justify it, and to consider its commitments with the concerned Subscriber as automatically resolved with respect to the concerned Service and the associated functionalities.

. The concerned Subscriber cannot then avail himself of any right to claim the benefit of the Services, which can only be acquired by regularizing his situation or by a new valid subscription.

. When certain data has been communicated by the Subscriber to PAYPERSAFE, these may be completely removed from the PAYPERSAFE IT system.

. However and by way of exception, PAYPERSAFE reserves the right to notify the concerned Subscriber of the default to pay for his subscription and to follow up with him, one or several times depending on the case, in order to inform him of the temporary suspension of his subscription and to invite him to regularize his situation by paying the missing amount, in order to benefit again from the functionalities related to his subscription.

. In this case, the subscription runs again fully once the payment is effective, under the same conditions as mentioned above.

Article 15. Right of withdrawal

. Users who decide to register and open a Safe on the Website admit that the Services are to be performed as soon as their registration is validated, and are not subject to retraction, in accordance with Article L 221-28 paragraph 13 of the consumer code.

. Indeed, Users renounce to exercise their right of retraction on the Services, which is evidenced by the ticking of the box allowing to completely validating the registration, and implies the reading, the understanding, and the acceptance of the express renunciation of the right to retract.

Part 3. Using Safes

Article 16. Rules for using the Safes

Section 16.1. Opening of Safes by Subscribers

. Any Subscriber who is validly registered and connected (login and password) can access his Safe and insert Content therein, regardless of the format.

. In this context, the Subscriber guarantees to PAYPERSAFE and to the Recipients:

  • the legality, in all respects, of the Content inserted in its Safe(s), understood as compliance with the Law and these GCS;
  • that he will not integrate and will not share on and via his Safe(s) information that is malicious, denigrating, misleading or likely to infringe the rights of a third party of any kind whatsoever;
  • that he does not usurp the identity of anyone;
  • that he has the power, the capacity, the authorization and the quality to open and manage his Safe(s), as well as to be able to justify it;
  • that he will be personally responsible for the tax and social treatment and the legal obligations relating to the income he may receive;

. Indeed, Subscribers acknowledge that they are fully responsible for the legal and regulatory compliance of the Content(s) integrated into their Safe(s) and shared from them.

. PAYPERSAFE does not provide general or specific legal advice, the procurement and application of which are the sole responsibility of the Subscriber.

Section 16.2. Sharing of Content by Subscribers

. Subscribers are free to share their Content with any Recipient of their choice, and to choose the mode of sharing among the options offered by PAYPERSAFE.

. Subscribers are free to choose how to open Content shared by Recipients:

– free sharing

– sending an email inclosing an opening link

– sending a specific/unique password

– single payment

– self-destruction of the Content with a deadline in the event of non-opening

. The sharing instructions are always enclosed in the sharing link, thus allowing the Recipient to follow the procedure indicated to get the Content(s).

. Subscribers can follow all the shares conducted via their dashboard.

Section 16.3. Intellectual Property of Content

. It is understood that the distribution of intellectual property rights related to the Content as a whole is freely defined by the Subscriber himself, who supports publication of any mention or information relating thereto, and releases PAYPERSAFE from its responsibility for all possible damages that could result from the unauthorized use of these rights by any third party and/or one or more Recipients.

Section 16.4. PAYPERSAFE’s authority of control over the Website

. It is recalled that PAYPERSAFE has a unilateral right of control over the entire Website, and consequently over the use of the Safes, which implies the ability to read any Content likely to present a computer danger or an illicit nature, or even a form that is irrelevant or contrary to the spirit and purpose of the Website and/or these GCS, as well as the Privacy Policy, as soon as it becomes aware of it.

. This option cannot be blamed on PAYPERSAFE, which strictly undertakes, apart from these specific cases, to a reinforced obligation of secrecy prohibiting it in principle from exercising this option.

. This authority allows PAYPERSAFE, without the civil or criminal liability of PAYPERSAFE being in any way engaged, to hold the sharing of Content as well as access to one or more Safe(s) at any time and without having to justify it. In such a case, the suspension will not result in any refund, nor to any credit or compensation of any kind.

 

Article 17. PAYPERSAFE’s limitation of liability with regard to the Content

. The opening and use of Safes are carried out by Subscribers under their full and entire responsibility.

. It is reminded and accepted without any restriction that PAYPERSAFE can in no way be considered as the author of the Content, nor as the holder of the Safes. The role and responsibility of PAYPERSAFE are limited to those of a technical intermediary which allows, via the Website, the sharing and management of specific Content strictly by Subscribers, and only intervenes in this capacity between Users and Recipients.

. Users agree, unreservedly, to release PAYPERSAFE from any liability for any damage resulting from their own failure in the conduct of their own use of the Website.

. PAYPERSAFE strongly advises Subscribers to proactively inquire about the lawful nature of the Content they insert and share via the Website.

. In particular, the Subscriber undertakes not to insert into his Safe(s), nor share Content, via PAYPERSAFE, when they are contrary to the law relating to the fight against child pornography and the apology of terrorism. In such cases, whether or not prejudicial to PAYPERSAFE, the latter releases all responsibility for the existence of these contents and the fraudulent intentions related to them, of which it cannot in any way be considered as an accomplice, and reserves the right to initiate or facilitate any legal and/or judicial procedure.

. The same prohibition is valid for any Illegal Content, but the aforementioned offenses are considered particularly serious and would be subject to specific action.

 

Article 18. Payments by Recipients

. Sharing Content may be subject to payment for the when Subscribers choose this mode of sharing.

. In this case, the payment provider PayPal manages the payments and stores the corresponding payment data, and informs PAYPERSAFE as well as the Subscriber of the success or failure of the concerned payment.

. PAYPERSAFE is not responsible for the behavior of the Recipients with regard to the Subscribers, who cannot blame it for any failures in the payment of the sharing of Content thus offered. In such cases, PAYPERSAFE invites Subscribers to contact the concerned Recipients to check directly with them the availability of the necessary funds and/or compliance with the procedure indicated on the Website.

. Subscribers fully release PAYPERSAFE from its liability for any damages incurred in these cases.

How to get your money back?

The sums available to the Subscriber on his account can be recovered by the latter as soon as his as soon as his account shows the minimum sum of ten (10) euros, and subject to verification by PAYPERSAFE of the regularity of the account and of the transactions which transactions that gave rise to the payment of the said sums.
. The transfers are requested to the third party provider PayPal every 16th of each month.
. The sums thus recovered via PayPal can be transferred to the bank account of the Subscriber of Subscriber’s choice, who acknowledges that a processing time of forty-eight (48) to seventy-two (72) hours may be required. (48) to seventy-two (72) hours will apply before the amounts are actually credited to the credited to the Subscriber’s account.
. The Subscriber can not blame PAYPERSAFE for any damage suffered because of this standard waiting period which is not under the control of the latter.

Article 19. Personalization of Safes

. Subscribers can personalize their Safe(s) at any time visually or in their functionalities:

– added logo/banner

– choice of a personalized domain name

– linking with other web services (MailChimp, etc.)

– other extended features, etc.

. The personalization of the Safes requires compliance with the procedure indicated on the Website and the payment of the price systematically announced before the validation of this modification. Payment is made in this case under the same conditions as other payments, described in these GCS.

. When the Subscriber decides to link his Safe(s) with one or more third-party services, he admits having to respect the conditions specific to this or these service(s), which are in no way under PAYPERSAFE control (conditions of use, subscriptions and possible payments, etc.).

Article 20. LIMITATION OF LIABILITY OF PAYPERSAFE

Section 20.1. Third party status of PAYPERSAFE

. PAYPERSAFE guarantees the IT security of the Content sharing process, but is not liable for damages resulting from payment failures and/or the provision of erroneous, false or obsolete information by the Recipients and/or the Subscribers themselves.

. PAYPERSAFE acts as a technical intermediary by allowing, technically, the sharing of Content on the Website, in accordance with the rules of the art and the profession. Its liability is limited to its obligations as an IT service provider, in accordance with the law and good practices in this sector of activity.

Section 20.2. Disclaimer for Financial Results of Content Sharing

. The fact of being able to share paid Content can in no way be assimilated by the Subscriber to a promise, nor to a guarantee, nor to an obligation of result which lie upon PAYPERSAFE to allow him any financial result via his Safe(s).

. The Client releases PAYPERSAFE from liability for any economic damage that he may incurs as a result.

Section 20.3. Specific conditions and special offers

. PAYPERSAFE can validly establish temporary specific conditions to allow the subscription to special offers, for some categories of Users, at any time and without having to justify it. The special conditions derogate from the general conditions in the event of any conflict.

Section 20.4. Arbitration and authority of unilateral control of PAYPERSAFE

. The absence of responsibility of PAYPERSAFE for the sharing of the Contents does not prevent the latter from having and applying at any time and in a discretionary manner, its authority of control over all the activities on the Website.

. Consequently, any failure whatsoever in compliance with the legislation and/or these GCS from Users, is likely to justify the application of this unilateral authority of PAYPERSAFE, in order to:

– suspend or terminate the sharing of one or more Content(s);

– suspend or end a particular subscription;

– close access to the Website for one or more User(s);

– suspend or cancel a payment and/or the advantage of the corresponding Service(s);

– receive and process any request for a claim coming from a User against another User, investigate and respond to this request in order to propose an amicable solution to this disagreement;

– request or even order the supply of any additional documents;

– initiate or encourage the possible referral of private and/or public authorities to settle the disagreement;

– assert their own rights.

Part 4. Duration and termination of the contract

Article 21. Initial duration of the contract

Section 21.1. Duration of the contract relating to registrations on PAYPERSAFE

. These GCS come into force in all their stipulations starting their electronic signature by the Subscriber.

. The commitments relating to the registration of Users and the opening of an account on PAYPERSAFE take effect from the formal validation of this registration on the Website, after formal acceptance of these GCS, and until their formal termination, according to the terms of article 22 or 23 of these GCS, depending on whether this termination takes the form of voluntary unsubscription or forced termination by PAYPERSAFE.

. In any event, all GCS’s provisions which may be reasonably understood to survive the full performance, expiration, termination or cancellation of the GCS shall survive such performance, expiration, termination or cancellation.

 

Section 21.2. Term of contract for subscriptions

. Commitments relating to Subscribers’ subscriptions are concluded in principle for a period of one (1) month or one (1) year renewable by tacit agreement, without the need to complete any particular formality. The subscription in question is renewed on each monthly or annual anniversary date, in the absence of action from the Subscriber to terminate the subscription in accordance with the terms of termination set out herein.

. Annual subscriptions are subject to an automatic renewal notification with one (1) month’s notice. The Subscriber can then decide within this period if he voluntarily deletes his account and terminates his contract, or if he renews it without any particular formality to accomplish.

. In the event of cancellation of subscriptions, the Subscriber may benefit from the functionalities associated with his subscription up to his next monthly anniversary date. After this date, the subscription is canceled and is without effect.

. In the event of non-renewal, the request is taken into account for the following month, and the Services related to the subscription are automatically deactivated on his account.

. The Customer admits that in case that he also deletes his account completely, he cannot keep or find any of the data formerly entered in his PAYPERSAFE account.

 

Article 22. Closing of Safes by Subscribers

. Subscribers may voluntarily unsubscribe from the Website at any time, subject to performing all of their obligations agreed between them and with regard to PAYPERSAFE, including all payments validly due under these GCS.

. The request can be directly done on the Website, via its dashboard (by clicking on the “Delete my account” button and following the indicated procedure). In this case, PAYPERSAFE automatically performs the unsubscription, and undertakes to notify the Subscriber without delay and by email.

. Subject to non-fulfillment of contractual obligations from the Subscriber preventing termination, receipt of this notification entails the termination of these GCS, the total deletion of the account and the related Content(s), and the ending of contractual relations between the concerned User(s) and PAYPERSAFE.

. The Subscriber accepts without reservation that the voluntary unsubscription described above entails a waiver of the benefit of the Services associated with his account, and that a new registration is required to get the full benefit of a new subscription.

  

Article 23. Early account closing by PAYPERSAFE

Section 23.1. Account suspension by PAYPERSAFE

. PAYPERSAFE reserves the right to suspend an account and/or a Service and/or a Safe and/or a subscription at any time. The suspension may be lifted in case of compliance by the concerned Subscriber. Otherwise, it justifies closing the accouny and unilateral termination by PAYPERSAFE (see following article).

. PAYPERSAFE totally excludes its liability, including with regard to third parties, with respect to any potential damage resulting from the suspension or the closing carried out according to these terms.

. PAYPERSAFE reserves as well the right to take action before all appropriate authorities to get compensation for any damages. The damages giving rise to the right to termination and to all procedures include all damages, all costs required for the recovery of all debts and all costs of proceedings included.

. PAYPERSAFE sends the concerned Subscriber one or more email(s) notifying his failures and giving him formal notice to comply with his obligations within a maximum period of thirty (30) days from the observation of the said failure.

 

Section 23.2. Forced Account closing by PAYPERSAFE

. PAYPERSAFE reserves the right to terminate the contract before its term, or even to act before any appropriate authority(ies) to get compensation for any damages, if it justifies one of the following reasons:

– default of payment under the conditions specified in these GCS;

– Violations by the Subscriber of the law in force, as well as the failures and persistent delays in the execution of the contractual obligations here granted, causing direct or indirect damage to PAYPERSAFE;

– serious violations of the law in force likely to call into question the responsibility of PAYPERSAFE as a publisher of digital content within the meaning of the law;

– any disrespectful or aggressive behavior towards PAYPERSAFE and all the people who represent it;

– serious and/or repeated failures despite the diligence of PAYPERSAFE .

. The damages giving rise to the right to termination and to all procedures include all damages, all expenses necessary for the recovery of all debts and including all proceedings expenses.

. Starting the end of the thirty (30) day period specified in Article 23.1 of these GCS, and in case of persistent default by the Subscriber after formal notice from PAYPERSAFE to comply with its obligations, PAYPERSAFE sends the concerned latter a postal or electronic mail notifying the forced closing of his account, and the termination of these GCS, which takes effect upon receipt (the postmark being taken as proof, if applicable).

. The Subscriber understands that in such a case, PAYPERSAFE is also likely to introduce any open recourse for compensation for any damages.

 

Article 24. Suspension of obligations due to force majeure

. None of the Parties will be held responsible for the failure or delays in the performance of one or more of their obligations arising from these GCS, when these failures or delays result from the occurrence of a case of force majeure within the meaning of applicable law, i.e. resulting from circumstances that are unforeseeable, irresistible and beyond the control of the Parties, despite their reasonable efforts, and within a maximum period of forty-five (45) days from its occurrence.

. It is accepted between the parties of these GCS that are included in these cases of force majeure from which damage results, and without this list being exclusive: natural disasters, fires, floods, lightning, electrical surges , strikes, interruptions of electricity supply, failures of telecommunications networks, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the supply of telecommunications services, loss of connection due to public and private operators on which PAYPERSAFE depends.

. In this case, the Parties admit that the suspension of the obligations is non-faulty and lasts for the duration of the existence of the circumstances of force majeure. At the end of this period, the reciprocal obligations become applicable again under the same conditions.

. As far as possible, the Parties reciprocally undertake to notify each other of the finding of such a case within ten (10) days of its occurrence, and to present, if possible and on their own initiative, all supporting documents for this statement.

. If the situation of force majeure suffered by any of the Parties or both of them, exceeds forty-five (45) days, the Parties are entitled to consider their reciprocal obligations as extinguished and these GCS broken, without prejudice of any legal action leading to a contrary solution.

Article 25. Assignment of the Contract

. It is accepted between the Parties that these GCS cannot be spontaneously assigned or transferred, in part or in whole, without the express, written and prior agreement of the other Party.

. However, and by way of derogation from the foregoing, the Parties are authorized to carry out unilateral operations intended to assign all or part of these GCS to their related companies.

. Moreover, the Parties may freely carry out the following actions:

– change of ownership, shareholding or control;

– mergers, takeovers, sale of goodwill, assignment of business and any other operation involving a transfer of assets.

. In these cases, the assignment is valid subject to notification of this action to the other Party, without delay and in writing, and that the assigning Party guarantees compliance with these GCS by the assignee(s).

. Any assignment or transfer made in violation of this article will be considered null and void, and may lead to any legal action for compensation for any resulting damage. The other Party is then legitimate to consider these GCS as terminated automatically and without compensation.

Article 26. Applicable law and international aspects

Article 26.1 Applicable law to the use of PAYPERSAFE

. By express agreement between the Parties, the activity of the entire Website (including all uses, from any country and by a User or Subscriber of any nationality), as well as these GCS, are exclusively subject to and governed by French law, and must be interpreted under French law.

. These GCS are initially written in French. In case of any translation into one or more languages, only the French text shall prevail in the event of a dispute.

. No derogation from this stipulation can be claimed, including for any conflict of laws, and no foreign element can thus be invoked for the application of any rule of foreign law.

. Users subject to a law other than French law admit having to inquire about the legislation applicable to their country, and take full responsibility for the legality of their situation.

Section 26.2. Restriction of Website Accessibility

  . In cases where access to the Website and Services is not guaranteed to Users of certain countries due to foreign legislation, connection difficulties, or any restriction beyond the control of PAYPERSAFE, any damages resulting from this restriction can in no way entail the responsibility of the latter.

Article 27. Disagreements, mediation and disputes

Section 27.1. Complaints against PAYPERSAFE

. Any complaints should be addressed to PAYPERSAFE imperatively in writing.

    Unwritten complaints will not be considered.

. Complaints can be made:

– either by mail to the contact details indicated in the Legal Notices

– either by email to [email protected]

Claim conditions

. Various repair, exchange, refund or satisfaction solutions are implemented by PAYPERSAFE.

. In order to protect itself from abusive complaints, PAYPERSAFE reserves the right to systematically verify the validity of the complaints addressed to it, both of their content and of any supporting documents provided.

. The User must always begin by sending his request to PAYPERSAFE in order to notify him of the situation, his dissatisfaction, and his request, in clear and unequivocal terms, recalling all the useful information relating to his registration, and his possible subscription.

. The request must cover precisely the reasons for the dispute, justifying a legitimate reason resulting from a failure of PAYPERSAFE in the performance of its contractual obligations and/or a breach of the legislation in force.

. When PAYPERSAFE notes the truthfulness of the facts and supporting documents presented and the validity of the User’s request, it undertakes to respond by offering a satisfaction solution within thirty (30) days of receipt of the request:

– either the same Service free of any defect and compliant with the initial subscription,

– either an identical Service, of the same value and the same characteristics, or of higher value.

. If replacement or repair is impossible, PAYPERSAFE undertakes to reimburse the Service(s) concerned, as well as the reimbursement of any additional expenses incurred, within thirty (30) days from receipt of the request, and using the bank details used by the Subscriber for his initial payment if necessary, except in the case of a different mutual agreement and on provision by the latter of different bank details.

Section 27.2. Complaints between Subscribers and Recipients

. Subscribers acknowledge that they are responsible for their Safe(s) as soon as they are opened, as well as for their own sharing conditions with regard to Recipients, and release PAYPERSAFE from any liability with regard to the nature of the Content concerned and any consequences that their sharing could have for the Recipient.

 . PAYPERSAFE reserves the right to reject any possible complaint that would be introduced in this context and only assumes responsibility for any technical malfunctions that did not allow the secure sharing of the Content in accordance with the present and according to the subscription chosen plan by the ‘Subscriber

. However, PAYPERSAFE also reserves the right, under its authority of control, to facilitate any claim by the Recipient when it finds a clear violation of the law in force and these GCS on the part of the Subscriber.

. PAYPERSAFE’s legitimate right to possibly arbitrate a minor disagreement between the Recipient and the Subscriber is completely discretionary, without this possibility constituting an obligation to repair itself any damage suffered by the Recipient.

 

Section 27.3. Jurisdiction

. The Parties elect domicile at their respective head office and residence for the execution of these GCS.

. In the absence of amicable resolution of any conflicts, and of express agreement between the Parties, disputes relating to the use of the Website and the conclusion of orders, to these General Conditions of Use of the Services, concerning their validity, their interpretation, their execution, their consequences, will be submitted to the competent French courts according to the applicable rules to the case, without prejudice to the application of a rule involving the jurisdiction of another jurisdiction, namely:

– either the jurisdiction of the place of PAYPERSAFE’s registered office (Toulouse) relating to disputes involving Users acting strictly under the status of professional merchant;

– or any jurisdiction applicable under the law in force.

Version updated to 05/02/2022

 

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