General conditions of use

Any user and customer of the BirdPass site is invited to read these General Conditions of Use (CGU) , as well as the General Conditions of Sale (CGV) and the Privacy Policy . The unreserved acceptance of CGUs and GTCs by the User is compulsory before being able to create an account on the BirdPass site and to make purchases of digital products and services.

These general conditions of use (CGU) are concluded between:

On the one hand, the company Netpartage, managing the BirdPass site https://www.birdpass.fr and simplified joint -stock company with a share capital of 55,000 euros, whose head office is located at 2 impasse Maurice Leblanc - 76930 Octeville -sur -Mer in France - Telephone: (+33) 09.66.83.33.91 - contact@birdpass.fr , registered in the Havre Trade and Companies Register under number 431 642 651, having as an intra-Community VAT number FR-81 431 642 651 and hereinafter called " BIRDPASS " or the " Publisher ".

And, on the other hand, any eligible natural or legal person wishing to access the BirdPass website https://www.birdpass.fr called below the " User ".
Article 1. Purpose of the contract

These General Conditions of Use (CGU) are intended to define the terms and conditions in application of which the user may visit the site https://www.birdpass.fr and create an account. They constitute a contract between the user and BirdPass.

The " member " means any natural or legal person having created an account with an identifier and a password on the website https://www.birdpass.fr , in order to feed their sales and make purchases on the site.

The " Customer " means any natural or legal person wishing to buy on the website https://www.birdpass.fr to which the General Conditions of Sale (CGV) apply.

Article 2. Subject of services

On its BirdPass site, the Publisher offers access to an online sales service for digital products and services, also called dematerialized or digital products and services. These are prepaid recharges for mobile phones, multimedia codes, recharging codes for game platforms, subscriptions to video or music services on demand.

Article 3. Evolution of services

The site's web pages and the various services offered can be deleted or modified by Birdpass, when creating a new version of the site, an evolution or the addition of new features, at any time and without obligation of notice or justification on the part of Birdpass. Birdpass cannot be held responsible for such changes or deletions.

The site and the various services offered can be interrupted or suspended by BirdPass, in particular during maintenance, without acknowledgment of notice or justification.

Article 4. Conditions of access to services

Any user with a connection to the Internet network and a web browser can access for free and from anywhere at the site with the URL https://www.birdpass.fr . The costs borne by the user to access it (Internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

The service is accessible to the user only if he is a major natural person who has reached the age of 18 and fully in possession of his means, that if he becomes a member of the site (that is to say that he has identified with the help of his connection identifiers) and that if he accepted the general conditions of use (CGU) and the general conditions of sale (CGV) .

The user of the BirdPass site has access to the following services:

The Publisher reserves the right to restrict, suspend or prohibit access to its Site and use of its services to any user who would use the Site services in a abusive and inappropriate manner judged by the Publisher, and this without having the obligation to justify themselves.

Article 5. Cookies

For the purposes of its services and in particular in order to facilitate their proper functioning, the BirdPass site uses a cookie system.

A cookie is a small file which is sent when consulting the pages of the BirdPass site and which is stored on the hard drive of your computer by your browser. The information stored there can thus be returned to Birdpass when you move to the different pages of our site or when you make a later visit to our site. Cookies can be installed by BirdPass or by third parties, such as Google Analytics.

The data obtained by BirdPass thanks to cookies aim to facilitate your navigation, to secure connection to your account or to store the content of your basket. Thanks to cookies, our site can recognize you once you are identified and you can thus navigate freely without having to reconnect on each page. Cookies also help subsequent navigation on the site and allow various statistical attendance measures, in order to improve our site and our services. Our cookies expire during or after the session, or after a period not exceeding 13 months, in accordance with the recommendations of the National Data Protection Commission (CNIL).

The user acknowledges being informed of this practice and authorizes the publisher of the Birdpass site and its third party partners, such as Google Analytics, to use it.

The user has the possibility of being notified before the sense of cookies, deactivating cookies or deleting them by himself on his internet browser. To do this, he can consult the confidentiality or confidentiality menu of his browser and operate the proposed options. However, if the user decides to refuse certain cookies, the BirdPass site will no longer work properly and the user will no longer be able to use our services correctly.

Article 6. Creation of a member account

The creation of a member account is compulsory to use the Publisher's services.

By creating his account, the user certifies that he is not struck by a legal, judicial or incapacity prohibition. The user also guarantees not to engage in illegal activities and not to use the account for fraudulent purposes against the Publisher or other third parties.

When registering as a member, the user must communicate a certain number of information concerning him, such as a valid e-mail address, his name and surname, his postal address. The Internet user undertakes to provide exact and complete information concerning him. He also undertakes to update his information regularly to preserve its accuracy and when made necessary, in particular his email address to which the ordered charging codes will be sent.

Access to the member's account is protected by a confidential password that is chosen by the member. This password must be chosen in such a way that it is sufficiently complex and cannot be guessed by a third party. The member can modify his password at any time by going to his account. The member undertakes to keep his password in a secret place and not to disclose him. The member is solely responsible for any damage resulting from access to his account by a third party. In the event of unauthorized use of his account or the violation of his password, the user must immediately inform the Publisher.

The member can modify his personal data indicated when registering by connecting to his account thanks to his password.

In order to optimize site safety and future payment transactions, the Publisher applies procedures to verify members' accounts and their identity. In this context, before or after a purchase or when registering, one or more supporting documents may be requested from the member, such as identity document, proof of address or any other proof deemed necessary by the Publisher. The Publisher also reserves the right to request additional documents in application of the General Conditions of Sale (CGV) . The supporting documents provided by the member must be accurate, valid and clear enough to confirm the identity of the member and his address. In the event of non-informing or non-compliance with supporting documents, the Publisher reserves the right to suspend the user's account or the delivery of an article ordered. If a verification fails or if the user does not use the service in a legal, normal and regular framework respecting the CGU and CGV, then the editor may proceed to the restriction, to the temporary or definitive blocking of the user account and the contract.

Article 7. User responsibility

The User undertakes to use the BirdPass site in a loyal way and the way it is provided, respecting these general conditions of use (CGU) and the general conditions of sale (CGV) , as well as the entire regulations in force in France.

The user is responsible for the consequences of using the BirdPass site. The user is notably responsible for the consequences of an illicit and fraudulent use of web pages and services of the BirdPass site. The user refrains from obtaining passwords from other users and connecting to other users' accounts. The user refrains from using software or automata to access the site's web pages, to try to test the vulnerability and safety of the site or to disrupt the activity of the BirdPass site. Any illicit and fraudulent action or any violation of the security of the Birdpass site can lead to civil and criminal proceedings.

The user is responsible for possible damage and risks linked to the use of their connection identifier and password. He is fully responsible for his account, even in the event of illegal use of his password by a third party. The user's password is confidential and it must remain secret. Therefore, the user undertakes to make all the measures to protect his own data and password against any damage. In the event of disclosure of the password, the publisher declines all responsibility.

The user undertakes to create and use only one account corresponding to his profile. The user notably refrains from creating false profiles or completing inaccurate data when registering. The user is fully responsible for his declarations made online when registering or when any changes.

The user assumes full responsibility for the use he makes of the information and content present on the BirdPass site.

The user undertakes not to try to harm the proper functioning of the BirdPass site. Consequently, any use of the service by the user having directly or indirectly as a result of the damage must be compensated for the benefit of the BirdPass site.

The BirdPass site allows members to publish comments on the site on the products and services offered. The user undertakes to make words respectful of others and the law, so as not to undermine public order or to good mores or to cause third -party protests. The user is responsible for the consequences of the remarks he publishes on the BirdPass site. The user accepts that these publications are moderate or refused by the publisher, without obligation of justification. By publishing on the site, the user gives in to the company Publisher non -exclusive and free law to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party.

Article 8. Responsibility of the publisher

The role of the Publisher is to maintain access to the BirdPass site, as well as its proper functioning, and to provide the service specified in article 2 to users.

Any technical dysfunction, slowdown or interruption of the server or network cannot engage the responsibility of the publisher for damage, whatever they are, caused by the use of web pages or the impossibility of consulting the web pages of Birdpass.

Likewise, the responsibility of the Publisher cannot be engaged in the event of force majeure resulting from an external, unpredictable and insurmountable event.

The BirdPass site undertakes to implement all the means necessary to guarantee the security and confidentiality of data. However, it does not provide a total security guarantee. The Publisher cannot be responsible for any loss, inaccuracy or corruption of files or data resulting in user damage.

The publisher provides the content of the web pages in their current state and according to his knowledge. The user must in no case consider this information as reliable in full and it is therefore advised to check this information by himself. Consequently, the Publisher reserves the faculty of non-payment concerning the reliability of sources, although the information disseminated on the site is deemed to be reliable.

The Publisher has no general data monitoring and content obligation provided by users or obligation to delete content that would not obviously appear illegal, notwithstanding its report.

Article 9. Intellectual property

The BirdPass website is an original creation that is protected under copyright.

The domain name and the content of the BirdPass site (logos, brands, texts, graphic elements, designs, images, videos, software, etc.) are the property of Birdpass and are protected by copyright.

The brands mentioned on the BirdPass site constitute marks deposited by their respective owners.

In accordance with article L. 122-4 of the Intellectual Property Code, it is prohibited to reproduce, copy, modify, transmit, distribute in any way whatsoever, even partially, on any type of support, any element from this site without the prior written agreement of Birdpass. Anyone affecting intellectual property rights attached to the various objects on this website is guilty of the offense of counterfeiting and is liable to criminal sanctions provided for by law.

The user must obtain authorization from the BirdPass site editor before any reproduction, copy or publication of these different content. Any commercial use is prohibited.

The user is entirely responsible for any content he puts online and he undertakes not to harm a third party. The publisher reserves the right to moderate or delete freely and at any time the content put online by users, without justification.

Article 10. Personal data

The user is invited to consult the data confidentiality . For any questions or exercise of one of his rights, the user can consult the Questions Fair , go to his account or write to the Publisher on the Contact .

Article 11. Hypertext links

The BirdPass site contains hypertext links pointing to websites belonging to third parties. Birdpass does not exercise control over the content or proper functioning of these third -party sites. Consequently, BirdPass's responsibility cannot be retained in the event of any dispute between a site referenced on Birdpass and a user. Only, the responsibility of the publishers of the referenced sites may be engaged.

It is possible for a third party to create a link to a page of the BirdPass site without Birdpass express authorization. However, BirdPass reserves the right to request the deletion of a hypertext link pointing to him, if he considers him in disagreement with his editorial policy.

Article 12. Evolution of general conditions of use

The Publisher reserves the right to modify the clauses of these General Conditions of Use (CGU) at any time and without having to justify itself.

Article 13. Duration of the contract

This contract is concluded for an indefinite period. The contract produces its effects with regard to the user from the start of the use of the service.

Article 14. Indivisibility

The fact that any of the provisions of the General Conditions of Use (CGU) is or becomes illegal or inapplicable will in no way affect the validity or the applicability of the other stipulations of the General Conditions of Use (CGU).

Article 15. Applicable law and competent jurisdiction

The conclusion, the interpretation and validity of these General Conditions of Use (CGU) are governed by French law, regardless of the country of origin of the user or the country from which the user accesses the BirdPass site and notwithstanding the principles of conflict of laws.

In the event of a dispute between the user and the publisher, the parties will first try to settle the conflict amicably.

In the event of failure and in the event that a dispute relating to the validity, execution or interpretation of these General Conditions of Use (CGU) would be brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of Le Havre to which is made expressly awarding competence, even in the event of a summary or plurality of defendants.