Date of last update: April 20, 2023
ART 1
Legal information
The www.businesscoot.com website (the "Site") is published by BUSINESSCOOT SAS, a company with share capital of 18,800.00, whose registered office is located at 3 villa montcalm 75018 Paris, registered with the RCS under number 519 066 252 R.C.S. Paris, intra-community VAT number: FR53519066252 (the "Company").
The Company can be contacted by e-mail at the following address: info@businesscoot.com or by post at the following address: 3 villa montcalm 75018 Paris or by telephone at the following number (+33) 9 70 46 55 00.
The Site's publication director is: Aymar Monnoyeur.
The Site is hosted by OVH.
ART 2
General terms and conditions of use
2.1 Scope and purpose
Access to and use of the Site are governed by these general terms and conditions of use (the "GTCU"), which set out the conditions of use of the Site and govern the relationship between the Company and any Internet user accessing or browsing the Site (the "User"). These GCU may be accessed and consulted at any time on the Site. The User may also print or download the GCU.
The Site enables the User to Sell market research online.
The Company will make all reasonable efforts to ensure that the information and content of the Site remain accurate and up to date, but reserves the right to correct and/or modify all or part of the Site and/or these GCU at any time, without prior notice. All modifications to the GCU will take effect on the date they are posted on the Site. By using the Site after publication of these modifications, the User acknowledges acceptance of all such modifications. The Company will inform the User of any significant modification to the GCU by any means of its choice.
The applicable GCU are those in force at the time of browsing the Site. Consequently, by consulting or browsing the Site, the User will be deemed to have read and accepted the GCU in force and to have agreed to be bound by them. If the User does not accept all or part of these GCU, he/she is not authorized to use or browse the Site.
2.2 Intellectual property rights
The Company's trademark and all trademarks, whether figurative or not, and more generally any other distinctive sign appearing on the Site, whether registered or not (the "Trademarks") are and remain the exclusive property of the Company or have been licensed to the Company. No right or license to use the Trademarks is granted to the User.
The Site and all graphic, textual, visual and photographic elements appearing thereon, in particular all illustrations, images, designs, photographs, characters, textual elements, decorations, modes of presentation, data access methods, databases or other data organization, graphics or other elements appearing on the Site (the "Content") are and remain the exclusive property of the Company or have been licensed to the Company and are protected by intellectual property rights. No right or license to use the Content is granted to the User.
The Brands, the Site and/or the Content may not under any circumstances be modified, reproduced, represented, transmitted, distributed, displayed, sold, integrated into a derivative work or any other type of work, in whole or in part, in any medium whatsoever. More generally, the Brands, the Site and/or the Content are provided for the User's personal, private and non-commercial use. The use of all or part of the Brands, the Site and/or the Content, in particular by downloading, reproduction, transmission, representation or display for purposes other than those provided for in these GCU is strictly prohibited.
Subject to compliance with these GCU, the Company grants Users a personal, non-exclusive and non-transferable right to access and use the Site, the Content and/or the Brands solely for the Users' personal and private use and for non-commercial purposes. Consequently, it is strictly forbidden to :
- copy, reproduce, represent/display, disseminate, distribute and/or publish, permanently or temporarily, all or part of the Site and/or the Content and/or the Brands by any means or process (in particular, lecaching, framing, etc.) and this, on any medium known or unknown to date ;
- create derivative works from the Site and/or the Content and/or the Brands;
- modify, translate, adapt or transform all or part of the Site and/or the Content and/or the Brands;
- disassemble, decompile or reverse engineer the Site and/or the Content;
- distribute, transmit, transfer, broadcast, sell, rent, license or exploit, in any way whatsoever, all or part of the Site and/or the Content and/or the Brands.
2.3 Links to the Site and/or third-party sites
It is also forbidden to create a hypertext link to the Site or to elements of the Site without the express prior written authorization of the Company. Requests for authorization must be sent in writing to the following address info@businesscoot.com. Authorizations granted may be cancelled at any time at the sole discretion of the Company.
The Company reserves the right to request the removal of any link to the Site which has not been authorized, or which is no longer authorized, and to claim damages for any loss suffered as a result.
It is possible that the sites containing a hypertext link to the Site or any of its elements are not all under the control of the Company, which consequently declines all responsibility (particularly editorial) for access to these sites and their content.
The Site may contain links to other websites or external sources ("Third-Party Websites"). Where applicable, insofar as the Company has no control over such Third-Party Websites or their content, the Company makes no commitment as to the availability of such Third-Party Websites and their content, and accepts no responsibility for the content, advertising, products, services or any other elements available on or from such Third-Party Websites. By providing links to such Third Party Websites, the Company does not endorse, associate itself with or make any representations regarding the content of such Third Party Websites. Furthermore, these links do not indicate any association between the Company and the owners and/or authors, designers, managers, administrators or hosts of these Third-Party Websites. These links are provided for information purposes only, and you acknowledge that you are solely responsible for any decision on your part to activate the links to these Third-Party Websites. The Company also disclaims all liability for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, products or services available on such Third Party Websites.
2.4 Disclaimer
The Site and its Content are provided "as is" and subject to availability. The User is solely responsible for his or her use of the Site and its Content and, in particular, for compliance with the obligations incumbent upon him or her under these GCU.
The Company does not guarantee that the Site or its Content will be error-free or accessible on an uninterrupted basis. The Site is normally accessible 24 hours a day, 7 days a week, subject to force majeure, Internet network availability and/or Site interruptions for technical reasons related to Site updates, maintenance or any other technical cause. The Company undertakes, as part of an obligation of means, to provide access to the Site under the conditions set out in these GCU, and to make every effort to remedy any malfunction, suspension or interruption of the Site brought to its attention. The User acknowledges and agrees that the Company may be obliged to temporarily or permanently suspend access to the Site without notice, in particular for technical and/or maintenance reasons, whatever the origin or cause, without this entailing any liability on its part.
It is also specified that the Internet network and the information and telecommunications systems used to access and use the Site are not free from errors or bugs, and that interruptions and breakdowns may occur from time to time. The Company may not be held liable for any inconvenience, loss or damage arising from the use of the Internet network, including, in particular, in the event of poor-quality transmission and/or reception of data and/or information over the Internet, any defect in the reception of equipment or communication lines, any malfunction of the Internet network preventing the proper operation of the Site and, more generally, any loss or damage arising from the use of the Site, the Internet network and information and telecommunications systems. The Company, its directors and employees shall not be held liable for any loss or damage, however caused, arising from the use of the Site, for which the User is solely responsible. It is the responsibility of Users to take all appropriate measures to ensure the security of their equipment, data, software or other elements belonging to them, in particular against any contamination by a virus and/or any attempted intrusion of which they could be victims.
2.5 Personal data and cookies
Users are informed that the Site uses cookies and that the Company processes personal data. In this respect, Users are invited to consult the Company's Cookie Policy, available at https://www.businesscoot.com/fr/page/politique-de-confidentialite, and the Company's Data Protection Policy, available at https://www.businesscoot.com/fr/page/politique-de-confidentialite.
2.6 Miscellaneous
If any provision(s) of these TOU are held to be invalid or unenforceable under any applicable law or regulation or by a decision of a court of competent jurisdiction, such provision(s) shall be severed but this shall not affect the validity or enforceability of the remaining provisions.
Any failure by the Company to enforce its rights under any provision of these TOU shall not be deemed or construed as a waiver of the benefit of such provision or of the right to enforce it thereafter and/or of any remedy that the Company may have in the event of a breach of such provision.
2.7 Applicable law / Complaints and disputes / Withdrawal
Any request for information, clarification or assistance or any claim relating to the Site must be sent to the Company by e-mail or by post to the addressees indicated in the first article herein.
These GCU are governed by and construed in accordance with French law.
In the event of any claim or dispute relating to, or arising from, the application, interpretation or performance of these GCU, the parties undertake to seek an amicable settlement of the dispute. Failing amicable settlement within two (2) months of receipt by the Company of written notice of the dispute sent in accordance with the above terms, either party may bring the dispute before the competent French courts, it being understood, however, that the User may have recourse to an alternative dispute resolution procedure including, in particular, a mediation procedure via the European online dispute resolution platform accessible at http://ec.europa.eu/odr, which will attempt to resolve the dispute amicably.
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to Businesscoot market research products, as these are online downloads of digital content and use of the product has commenced during the withdrawal period. By accepting the General Terms and Conditions of Sale, the customer expressly waives his/her right of withdrawal.