1. Purpose

These general terms and conditions are for the purpose of defining the terms and conditions for the use of the services offered by this website (hereafter: «Services»), as well as defining the rights and obligations of the parties within this framework.

They are accessible and can be printed at any time by clicking on a direct link at the bottom of the home page of the website.

They may be supplemented, if necessary, by terms and conditions specific to some particular Services. In the event of any contradiction, the specific terms and conditions prevail over these general terms and conditions.

2. OPERATOR OF SERVICES

The Services are operated by the company Check Your Data, SAS with a share capital of 10 000 ((ten thousand)) euros, registered with the RCS of Bordeaux under the number 811 548 601 00012 whose headquarters are at 16 quai Louis XVIII 33000 Bordeaux (hereafter: «Check Your Data»).

Check Your Data can be contacted at the following contact details:

• Postal address : 16 quai Louis XVIII 33000
• Email address :contact@checkyourdata.net

3. ACCESS TO THE WEBSITE AND SERVICES

The Services are accessible only to professionals, subject to the restrictions provided on the website:

• To all individuals with full legal capacity to enter into in these general terms and conditions. Any individual person without full legal capacity can only access the website and services with the agreement of their legal representative;
• To all legal entities acting through the intermediary of an individual with legal capacity to contract in its name and on behalf of the legal entity.

4. ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS

The acceptance of these general terms and conditions is made through a tick box on the registration form. This acceptance can only be full and complete. All acceptances made with reservations is considered null and void. Any user who does not accept to be bound by these general terms and conditions does not have the right to use these Services.

5. REGISTRATION ON THE WEBSITE

• In order to use the Services, the User is required to register on the website by completing the registration form provided to this effect. The User must provide all the information marked as obligatory. All incomplete registrations will not be treated as valid.

Registration initiates the automatic opening of an account in the name of the User (hereafter: the «Account»), which gives them access to the internet application Check Your Data (hereafter: the «Application»), which permits them to manage their use of the Services in a way and in accordance with the technical resources that Check Your Data judges to be the most appropriate in order to render these Services.

The User guarantees that all the information given in the registration form is correct, up to date and true and is not deceptive.

The User commits to update the information in the Application in the case of any modification so that it always corresponds to the aforementioned criteria.

The User is informed and accepts that the information provided at the time of creating or updating their Account will be treated as proof of their identity. The information entered by the User engages them as soon as it is validated.

• The User can access the Application at any time after identifying themselves with their username and password.

The User agrees to use the Services for personal use and not to permit any third party to use them in their place or for themselves, unless they accept full liability for it.

The User is also responsible for maintaining the confidentiality of their username and password. The User must contact Check Your Data immediately at their contact details as mentioned above at Article 2 if they become aware that their Account has been used without their permission. The User gives Check Your Data the right to take any appropriate measures in such a case.

6. DESCRIPTION OF SERVICES

The User has access to the Services as described on the website, in a manner, and in accordance with the technical resources that Check Your Data judges to be the most appropriate.

7. PAID SERVICES

• Price

The price of the Services is indicated on the website. The total bill is calculated on the basis of the number of services subscribed to by the User multipled by the number of transactions received by Check Your Data.

Unless otherwise stated they are expressed in Euros and with all French taxes included.

Check Your Data reserves the right, at its own discretion and in accordance with the terms and conditions upon which only it will decide, to offer promotional offers or reductions in the prices.

• Reviewing the prices

The price of Services can be subject to review by Check Your Data at any time at its own discretion.

The User will be informed of these changes by Check Your Data by email with at least 1 months notice before the new prices take effect.

A User who does not accept the new prices should cease to use the Services in accordance with the terms and conditions as stated at Article 18. Failing that a User will be considered to have accepted the new prices.

• Billing

The Services are the subject of bills which are communicated to the User as expediently as possible.

• Methods of payment

The methods of payment of the price of the Services are described on the website.

The payment is made by direct debit from the bank information given at the time of registration at the beginning of the month following the month in which the bill is sent.

The User guarantees to Check Your Data that they have the necessary authorization to use the method of payment chosen. The User agrees to put in place necessary measures to ensure that the direct debit of the price of the Services will be successful..

• Delays and problems with payment

The User is infomed and expressly accepts that any delay of payment in full or in part of the amount by the date it is due will automatically engage, without prejudice, the terms and conditions as set out in Article 12 and without prior notice:

• The total sum owed by the User, some of which may have been due to be paid later is to be paid immediately, any other deadline given for payment becomes void;
• The immediate suspension of Services until complete payment of the amount owed by the User;;
• The user will pay Check Your Data a late penalty equal to 3 times the legal interest rate. The legal interest rate is that which is in place on the day following the date on which payment was due as set out on the bill. This penalty is calculated on the amount including all taxes of the amount owed.
• The due date of the price will be shortened without any prior formal notice being necessary.
• In addition to the late payment penalty, all monies, taking account of any advance payment, which remain unpaid at the payment date will incur by rights a compensation payment of a fixed sum of 40 Euros to cover the costs of collecting the payment under French law per articles 441-6, I alinea 12 et D. 441-5 du code de commerce.

8. DATA

The User recognizes and expressly accepts:

• That the data collected on the website and on the computer equipment of Check Your Data is evidence of the transactions taking place in the context of these.
• That this data constitutes the only method of admissible evidence between the parties, in particular to calculate the amount owed to Check Your Data.

The User can access this data in the Application.

9. OBLIGATIONS OF THE USER

Without prejudice to the other obligations provided herein, the User agrees to respect the following obligations:

• The User agrees, in their usage of the Services, to respect the laws and regulations in force and to not infringe the rights of third parties or public order.

The User agrees, in their usage of the Services, to respect the laws and regulations in force and to not infringe the rights of third parties or public order. In particular the User is the only person responsible for the proper completion of all formalities in particular administrative, fiscal and/or shares and of all payments of contributions or all types of taxes which are due, where necessary, in relation to their use of Services. The responsibility of Check Your Data cannot be not engaged in this regard.

• The User acknowledges that they are aware on the website of the characteristics and constraints, in particular technical, of the totality of the Services. They are the only person responsible for their use of these Services.
• The User is informed and accepts that the use of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection for which only they are responsible.
• The User is also the only person responsible for the relations which could be built or developed with other Users and the information that they communicate to them within the framework of these Services. It is for the User to exercise prudence and appropriate discernment in these relations and communications. Additionally, the User agrees to respect the usual rules of politeness and courtesy in their exchanges with other Users.
• The User agrees to use the Services strictly for personal use. It is therefore forbidden to assign, or transfer any of its rights or obligations hereunder to any third party in any manner whatsoever.
• The User agrees to provide Check Your Data with all the necessary information to enable them to carry out the Services. More generally, the User agrees to actively co-operate with Check Your Data to enable the good performance of these Services.
• The User acknowledges that the Services offer them a supplementary solution which is not an alternative to the other methods they already use to attain the same objective and that this solution cannot be a substitute for these other methods.
• The User should take necessary measures to save by their own methods that they deem necessary the information contained within the Application, of which no copy will be provided to them.
• The User is informed and accepts that the implementation of these Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection for which only the User is responsible.

10. USER'S WARRANTY

The User guarantees Check Your Data against all complaints, demands, actions and/or any claims that Check Your Data may suffer as a result of breach by the User of any of its obligations or warranties under these general terms and conditions.

The User will indemnify Check Your Data from any harm it may suffer and pay them all fees, fines, charges and/or sanction that it may incur as a result.

11. PROHIBITED CONDUCT

• It is strictly prohibited to use the Services in the following ways:

• For illegal or fraudulent activities which either infringes the rights or security of third parties,
• Infringement of public order or breaching the laws and regulations in force,
• Intrusion into the IT system of a third party or any activity which harms, controls, interferes with or intercepts in whole or in part the IT system of a third party violating their integrity or security,
• The sending of unsolicited emails and/or market research or commercial solicitation,
• Any manipulation or maneuvering designed to improve the internet search ranking of a third party website,
• The aiding or inciting, in whatever form and in any way, in one or more of the acts or activities described above,
• And more generally any use of the Services for a purpose other than that for which they were intended.
  • It is strictly forbidden for Users to copy and/or to use for their own ends or those of a third party the concept, the technology or all other elements of the website of Check Your Data.
  • The following are also strictly forbidden: (i) all conduct which interrupts, suspends, slows down or impedes the continuation of the Services, (ii) all intrusions or attempted intrusions in the systems of Check Your Data., (iii) any misappropriation of the system resources of the website, (iv) any actions that impose a disproportionate load or burden on the website, (v) any infringement of the security and authentication measures, (vi) any acts, the nature of which is to infringe the financial, commercial or rights and interests or integrity of Check Your Data. or the users of its website, and more generally (vii) any breach of these general terms and conditions.
  • It is strictly prohibited to make money out, sell or give away all or part of access to Services or to the website as well as the information which is kept and/or shared there.

12. SANCTIONS FOR BREACHES

In the case of a breach of any of these general terms and conditions or more generally a violation of any laws and regulations in force by a User, Check Your Data. reserves the right to take any appropriate measures in particular to:

• Suspend or resile access to the Services to the User, actor of the breach or violation or whoever has participated therein,
• Delete all content put online on the website,
• Publish on the website any information message that Check Your Data. deems necessary,,
• Alert any relevant authorities,
• Take legal action.

13. RESPONSIBILITY AND WARRANTY OF CHECK YOUR DATA

• Check Your Data agrees to provide the Services with diligence and in accordance with standard practice, specifying it operates under the obligation of means/resources to the exclusion of any obligation of results, and that the Users recognize and expressly accept this.
• Check Your Data does not have any knowledge of the Content put online by the Users within the Services framework, and does not effect any moderation, selection, verification or control of any kind over it, and only has dealings with it as the service provider hosting it.

It follows that Check Your Data cannot take any responsibility for the Contents, of which the authors are third parties, any potential complaint should be directed in the first instance to the author of the content in question..

Any Content which is prejudicial to a third party can be the subject of a notification to Check Your Data under the terms and conditions forseen by article 6 I 5 of law number 2004-575 of 21 June 2004 for confidence in the digital economy, Check Your Data reserves the right to take any of the measures described in article 12.

• Check Your Data takes no responsibility in the event of any potential loss of the User's information accessible in the Application, the User must save a copy and is not entitled to any compensation in this regard.
• Check Your Data agrees to regularly carry out tests to verify the functioning and accessibility of the website. In this regard, Check Your Data reserves the right to temporarily interrupt access to the website for maintenance. In addition Check Your Dataa cannot be held responsible for difficulties in access to the website or periods of time where the website is not accessible, where this is due to external circumstances, force majeure or due to disturbances with the telecommunication networks.
• Check Your Data does not guarantee Users (i) that the Services, which are under constant research to improve them, in particular the performance and their progress, are totally exempt from errors, vices or defects, (ii) that the Services, being standard and in no way offered to the particular intentions of a User in line with their own personal constraints, can respond specifically to their needs and wishes.
• In any event, the liability which may be incurred by Check Your Data hereunder is expressly limited to proven direct damage suffered by the User.

14. INTELLECTUAL PROPERTY

The systems, software, facilities , infrastructure, databases and content of any kind (text, images, video , music, logos, trademarks, database, etc ...) operated by Check Your Data within the website are protected by all intellectual property rights or rights of producers of existing databases. All disassembly, de-construction, decryption, extraction, re-use, copies and more generally, any act of reproduction, dissemination and use of any of these elements , in whole or in part without the permission of Check Your Data is strictly prohibited and may be subject to judicial action or prosecution.

15. PERSONAL DATA

Check Your Data operates a policy of personal data protection in applying Directive 95/46/EC. The user must also provide the data in accordance with the national implementation of Directive 95/46/EC..

The data collected, processed and stored using Check Your Data is secure and remains confidential. They can be used both to provide and improve our services to perform critical operations at the system level.

The User authorizes the use of their data in an anonymous form which will be accumulated with those of other users. All information identifying the User will be made anonymous and will be combined with other anonymous data before being used. They may be used by Check Your Data to communicate in their marketing and commercial initiatives, or in the creation of statistical reports for use by itself and for the parent and sister companies.

16. PUBLICITY

Check Your Data reserves the right to insert on any page of the website and in other communication to Users all advertising or promotional messages in a form and under conditions which only Check Your Data deems appropriate.

17. LINKS AND THIRD PARTY WEBSITES

Check Your Data will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any potential partners) which the User may access through the website.

Check Your Data assumes no liability for any content, advertising, products and/or services available on such third party websites and mobile applications which are governed by their own terms of use.

18. DURATION OF THE SERVICES, UNSUBSCRIBING

The Services are subscribed to for an indefinite period of time.

Users can unsubscribe from services at any time, by sending a request to this effect to Check Your Data by registered post to the address mentioned in Article 2.

The cancellation of a subscription is effective on the date of receipt of the letter with immediate effect. It follows that the User's Account will be automatically deleted..

19. CHANGES

Check Your Data reserves the right to modify at any time these general terms and conditions.

The User will be notified of these changes as expeditiously as possible..

Any User who does not accept the modified terms and conditions must unsubscribe to the Services as provided for terms and conditions in Article 18.

Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

20. LANGUAGE

In the event of a translation of these general terms and conditions in one or more languages, the language of interpretation shall be French in case of conflict or dispute about the meaning of a term or provision.

21. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by French law.

In case of dispute on the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the Tribunal de commerce de Bordeaux except in cases where the dispute is within the jurisdiction of the Tribunal de Grande Instance de Bordeaux, under the applicable provisions of the Intellectual Property Code, are exclusively competent to judge, unless mandatory procedural rules state otherwise.

22. ENTRY INTO FORCE

These terms came into effect 25 aout 2015.