Effective starting: June 1, 2017.
The purpose of these terms and conditions is to define the terms and conditions for the use of the services offered on the site (hereinafter the “Services”) and to define the rights and obligations of the parties in this context.
They may be supplemented, if necessary, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
2. Operator of the Services
The Services are operated by Scotfy SAS whose registered office is located at 33 Rue de la Republique 69002 Lyon, France. Email: firstname.lastname@example.org.
3. Access to Site and Services
The Services are accessible, subject to the restrictions provided on the site:
To any natural person with full legal capacity to commit under these general conditions. An individual who does not have full legal capacity may access the Site and the Services only with the agreement of his legal representative;
To any legal person acting through a natural person with legal capacity to contract in the name and on behalf of the legal person.
4. Acceptance of Terms and Conditions
The acceptance of the present general conditions is materialized by the use of the website. This acceptance can only be complete. Any accession under reservation shall be considered null and void. Users who do not agree to be bound by these terms and conditions shall not use the Services.
5. Registration on the site
5.1 Use of the Services requires that the User register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as obligatory. Any incomplete entries will not be validated.
Registration automatically entails the opening of an account in the name of the User (hereinafter the “Account”), giving access to a personal space (hereinafter: the “Personal Space”) which Makes it possible to manage its use of the Services in a form and by the technical means that Scotfy deems most appropriate to render said Services.
The User warrants that all information provided in the registration form is accurate, up-to-date and truthful and is not misleading.
He / she undertakes to update this information in his / her Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the creation or the updating of his / her Account are proof of his / her identity. The information entered by the User engages it as soon as they are validated.
5.2 The User can access his Personal Area at any time after having identified himself with his login and password.
The User undertakes to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to assume full responsibility for them.
He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Scotfy at the contact details mentioned in section 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges the right of Scotfy to take all appropriate measures in such cases.
6. Description of Services
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Scotfy deems most appropriate.
The price of the Services is indicated on the site. Unless otherwise stated, they are expressed in euros without taxes. Scotfy reserves the right, at its discretion and on terms and conditions to which it is solely responsible, to offer promotional offers or price reductions.
7.2 Price Revision
The price of Services may be revised by Scotfy at any time at its discretion. The user will be notified of these changes by Scotfy by email at least 1 month before the new rates come into force.
Users who do not accept new prizes must stop using the Services in accordance with the terms and conditions set out in Article 18. Failing this, they will be deemed to have accepted the new rates.
The Services are the subject of invoices which are communicated to the User by any useful means.
7.4 Terms of payment
Terms of payment for the Services are described on the website. The direct debit from the credit card number is implemented by the payment provider designated on the site, which only keeps the bank account of the User for this purpose. Scotfy does not maintain any banking details.
The User warrants to Scotfy that he has the necessary authorization to use the chosen payment method. It undertakes to take the necessary measures to ensure that the automatic withdrawal of the price of the Services can be effected.
The user acknowledges and expressly agrees that the data collected on the site and on the computer equipment of Scotfy are proof of the reality of the operations carried out hereunder. The user can access this data in his Personal Space. Your personal information is confidential and is used only for the intended purpose.
9. Obligations of the User
Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations:
9.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he / she is solely responsible for the proper fulfillment of all administrative, fiscal and / or social formalities and all payments of contributions, taxes or taxes of any kind which he / she may have to pay in connection with his or her use of the Services. In no event shall Scotfy be held liable in this respect.
9.2 The User acknowledges that he has taken cognizance on the site of the characteristics and constraints, in particular technical, of all the Services. It is solely responsible for its use of the Services.
9.3 The User is informed and accepts that the implementation of the Services requires that it be connected to the Internet and that the quality of the Services depends directly on this connection, of which it is solely responsible.
9.4 The User is also solely responsible for the relations he may establish with the other Users and the information he communicates to them within the framework of the Services. It is his responsibility to exercise appropriate prudence and discernment in these relationships and communications. The User further agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
9.5 The User agrees to make strictly personal use of the Services. Consequently, it is prohibited to assign, grant or transfer all or any of its rights or obligations hereunder to any third party in any way whatsoever.
9.6 The User agrees to provide Scotfy with all information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with Scotfy for the proper execution of the present.
9.7 The User acknowledges that the Services provide him with an additional but non-alternative solution of the means which he already uses to achieve the same objective and that this solution can not replace these other means.
9.8 The User must take the necessary measures to safeguard, by his own means, the information in his Personal Space that he deems necessary, no copy of which will be provided to him.
9.9 The User is informed and accepts that the implementation of the Services requires that it be connected to the Internet and that the quality of the Services depends directly on this connection, of which it is solely responsible.
10. User Guarantee
The User warrants to Scotfy against any and all claims, actions and / or claims that Scotfy may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.
He undertakes to indemnify Scotfy for any prejudice suffered by it and to pay to it all costs, charges and / or convictions which it may have to bear as a result.
11. Prohibited Behaviors
11.1 It is strictly forbidden to use the Services for the following purposes:
– the illegal, fraudulent or infringing activities of third parties,
– the intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate integrity or security,
– the manipulations intended to improve the referencing of a third party site,
– assistance or incitement, in any form or by any means, to one or more of the acts and activities described above,
– and more generally any practice diverting the Services for purposes other than those for which they were designed.
11.2 Users are strictly prohibited from copying and / or diverting the concept, technology or any other element of the Scotfy site for their own or any third party’s purposes.
11.3 Any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Scotfy’s systems, (iii) any misappropriation of system resources Of the site, (iv) any action likely to impose a disproportionate burden on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe rights and interests Financial, commercial or moral liability of Scotfy or the users of its site, and more generally (vii) any breach of these terms and conditions.
11.4 It is strictly forbidden to cash, sell or grant all or part of the access to the Services or the site, as well as to the information hosted therein and / or shared.
12. Sanctions for breaches
In the event of breach of any of the provisions of these terms and conditions or, more generally, infringement of laws and regulations in force by a User, Scotfy reserves the right to take all appropriate measures and in particular to:
(I) suspend or terminate access to, or participation in, the Services of the User, the person who committed the breach or infringement, (Ii) remove any content posted on the site, (Iii) publish on the site any information message that Scotfy may deem useful, (Iv) notify any relevant authority, (V) institute legal proceedings.
13. Liability and Warranty of Scotfy
13.1 Scotfy undertakes to provide the Services with due diligence and in accordance with sound engineering practices, it being understood that it has an obligation of resources on it, to the exclusion of any obligation of result,
13.2 Scotfy is not aware of any Content posted by Users in connection with the Services, on which it does not make any moderation, selection, verification or control of any kind and in respect of which it only intervenes ‘As a hosting provider.
Consequently, Scotfy can not be held liable for the Contents, the authors of which are third parties, with any claims to be directed in the first place towards the author of the Contents in question.
Content which is prejudicial to a third party may be notified to Scotfy in accordance with the provisions of Article 6 I 5 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, Scotfy Reserving the right to take the measures described in Article 12.
13.3 Scotfy shall not be liable for any loss of information available in the User’s Personal Area, who must save a copy and can not claim any compensation in this respect.
13.4 Scotfy undertakes to carry out regular checks to verify the operation and accessibility of the site. As such, Scotfy reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Scotfy can not be held responsible for the temporary difficulties or impossibilities of access to the site which are caused by circumstances outside it, force majeure, or due to disturbances of the telecommunication networks.
13.5 Scotfy does not warrant to Users that (i) the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services are standard And not proposed at the sole intention of a given User according to his own personal constraints, will respond specifically to his needs and expectations.
13.6 In any event, the liability likely to be incurred by Scotfy hereunder is expressly limited to the only direct damage suffered by the User.
14. Intellectual Property
Any and all rights, privileges and privileges of any and all rights, Intellectual property or rights of existing database producers. All acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Scotfy, are strictly prohibited and any disassembly, decompilation, decryption, extraction, reuse, May be prosecuted.
Scotfy reserves the right to insert on any page of the site and in any communication to the Users any advertising or promotional messages in a form and under conditions which Scotfy will be the sole judge.
16. Links and third-party sites
In no event shall Scotfy be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User may access via the site.
Furthermore, Scotfy is not responsible for the transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed via the site and can not under any circumstances be Party to any disputes with third parties concerning the delivery of products and / or services, warranties, declarations and other obligations to which such third parties are liable.
17. Duration of Services, unsubscription
The Services are subscribed for an indefinite period. The User may unsubscribe from the Services at any time by sending a request to Scotfy by email to the contact details mentioned in Article 2. Unsubscription is effective immediately. It causes the User Account to be deleted automatically.
Scotfy reserves the right to modify these general conditions at any time. The User will be informed of these changes by any useful means.
Users who do not accept the modified terms and conditions must opt out of the Services.
Any User who uses the Services after the coming into force of the modified terms and conditions shall be deemed to have accepted such modifications.
In the event of a translation of the present general conditions into one or more languages, the language of interpretation shall be the English language in the event of contradiction or dispute as to the meaning of a term or provision.
20. Applicable law and jurisdiction
These general terms and conditions are governed by French law. In the event of a dispute as to the validity, interpretation and / or execution of the present general conditions, the parties agree that the courts of Lyon will have exclusive jurisdiction to judge, unless otherwise compulsory rules of procedure.