Terms and Conditions of Use

Decoration

Every User and every Client of the website BirdPass is invited to read the present General Terms of Use (GTC), as well as the General Terms of Sale (GTS) and the Privacy Policy. The unconditional acceptance of the GTC and GTS by the User is mandatory before being able to create an account on the website BirdPass and to make purchases of digital products and services.

The present General Terms of Use (GTC) are concluded between:

On the one hand, the company Netpartage, managing the website BirdPass https://www.birdpass.fr and a simplified joint-stock company with a share capital of 55 175 euros, whose registered office is located at 7 rue Blacher - 14700 Falaise in France - Phone: (+33) 02 31 40 74 39 - E-mail: contact@birdpass.fr, registered in the Trade and Companies Register of Le Havre under the number 431 642 651, with a VAT number FR-81 431 642 651 and hereinafter referred to as BirdPass or the "Publisher".

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

The present General Terms of Use (GTC) aim to define the terms and conditions under which the User can visit the website https://www.birdpass.fr and create an account. They constitute a contract between the User and BirdPass.

The "Member" refers to any natural or legal person who has created an account with an identifier and a password on the website https://www.birdpass.fr, in order to top up their balances and make purchases on the site.

The "Client" refers to any natural or legal person wishing to make a purchase on the website https://www.birdpass.fr to which the General Terms of Sale (GTS) apply.

Article 2. Purpose of the services

On its BirdPass website, the Publisher offers access to an online sales service for digital products and services, also called dematerialized or digital products and services. These include prepaid mobile phone top-ups, multimedia codes, recharge codes for gaming platforms, and subscriptions to on-demand video or music services.

Article 3. Evolution of the services

The web pages of the site and the various services offered may be deleted or modified by BirdPass, when creating a new version of the site, evolving or adding new features, at any time and without any obligation to give prior 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 may be interrupted or suspended by BirdPass, particularly for maintenance purposes, without any obligation to give prior notice or justification.

Article 4. Conditions of access to the services

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

The service is accessible to the User only if they are a natural person of legal age, having reached the age of 18 and in full possession of their faculties, if they become a Member of the site (i.e., they have identified themselves using their login credentials) and if they have accepted the General Terms of Use (GTC) and the General Terms of Sale (GTS).

The User of the BirdPass website has access to the following services:

The Publisher reserves the right to restrict, suspend or prohibit access to its website and the use of its services to any User who uses the site's services in an abusive and inappropriate manner deemed by the Publisher, without being obliged to justify it.

Article 5. Cookies

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

A cookie is a small file that is sent when consulting the pages of the BirdPass website and that is stored on your computer's hard drive by your browser. The information stored there can then be sent back to BirdPass when you move around the different pages of our site or when you make a subsequent visit to our site. Cookies can be installed by BirdPass or by third-party partners, such as Google Analytics.

The data obtained by BirdPass through cookies is intended to facilitate your navigation, secure the connection to your account or store the content of your shopping cart. Thanks to cookies, our site can recognize you once you are identified and you can then navigate freely without having to log in on each page. Cookies also help with subsequent navigation on the site and allow various statistical measures of traffic, 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 Commission for Information Technology and Liberties (CNIL).

The User acknowledges being informed of this practice and authorizes the Publisher of the BirdPass website and its third-party partners, such as Google Analytics, to use it.

The User has the possibility to be notified prior to accepting cookies, to deactivate cookies or delete them themselves on their internet browser. To do this, they can consult the settings or privacy menu of their browser and make the adjustments to the options offered. However, if the User decides to refuse certain cookies, the BirdPass website will no longer function 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 mandatory to use the Publisher's services.

By creating his account, the User certifies that he is not subject to any 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 provide certain information about himself, such as a valid email address, his first and last name, and his postal address. The Internet user undertakes to provide accurate and complete information about himself. He also undertakes to regularly update his information to preserve its accuracy and when necessary, in particular his email address to which the recharge codes ordered will be sent.

Access to the Member's account is protected by a confidential password 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 change their password at any time by going to their account. The Member undertakes to keep their password in a secret place and not to disclose it. The Member is solely responsible for any damage resulting from unauthorized access to their account by a third party. In the event of unauthorized use of their account or the violation of their password, the User must immediately inform the Publisher.

The Member can modify the personal data provided during registration by logging into their account using their password.

In order to optimize the security of the site and future payment transactions, the Publisher applies procedures to verify the accounts of Members and their identity. In this context, before or after a purchase or during registration, one or more supporting documents may be requested from the Member, such as an identity document, proof of address or any other document deemed necessary by the Publisher. The Publisher also reserves the right to request additional documents in application of the General Terms of Sale (GTS). The supporting documents provided by the Member must be accurate, valid and clear enough to confirm the Member's identity and address. In the event of non-provision or non-compliance of the supporting documents, the Publisher reserves the right to suspend the User's account or the delivery of an ordered item. If a verification fails or if the User does not use the service in a legal, normal and regular manner in compliance with the GTC and GTS, then the Publisher may proceed to restrict, temporarily or permanently block the User's account and the present contract.

Article 7. User Responsibility

The User undertakes to use the BirdPass website in a loyal manner and in the way it is intended, by respecting the present General Terms of Use (GTC) and the General Terms of Sale (GTS), as well as all the regulations in force in France.

The User is responsible for the consequences of using the BirdPass website. The User is in particular responsible for the consequences of any unlawful and fraudulent use of the web pages and services of the BirdPass website. The User is prohibited from obtaining the passwords of other Users and from logging into other Users' accounts. The User is prohibited from using software or bots to access the website's web pages, to attempt to test the vulnerability and security of the site, or to disrupt the activity of the BirdPass website. Any unlawful and fraudulent action or any violation of the security of the BirdPass website may lead to civil and criminal proceedings.

The User is responsible for any potential damages and risks related to the use of their login credentials and password. They are fully responsible for their account, even in case of unauthorized use of their password by a third party. The User's password is confidential and must remain secret. Therefore, the User undertakes to take all necessary measures to protect their own data and password against any breach. In case of password disclosure, the Publisher declines all responsibility.

The User undertakes to create and use only one account corresponding to their profile. The User is notably prohibited from creating fake profiles or entering inaccurate data during registration. The User is fully responsible for the declarations made online during their registration or any subsequent modifications.

The User assumes full responsibility for the use they make of the information and content present on the BirdPass website.

The User undertakes not to attempt to harm the proper functioning of the BirdPass website. Consequently, any use of the service by the User that directly or indirectly results in damage will be subject to compensation in favor of the BirdPass website.

The BirdPass website allows Members to post comments on the site regarding the products and services offered. The User undertakes to make respectful statements towards others and the law, in order not to infringe on public order or morals or provoke protests from third parties. The User is responsible for the consequences of the statements they publish on the BirdPass website. The User accepts that these publications may be moderated or refused by the Publisher, without any obligation to justify it. By publishing on the site, the User grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute their publication, directly or through an authorized third party.

Article 8. Responsibility of the Publisher

The role of the Publisher is to maintain access to the BirdPass website, as well as its proper functioning, and to provide the service specified in Article 2 to Users.

Any technical malfunction, slowdown or interruption of the server or network cannot engage the responsibility of the Publisher for any damages, whatsoever, caused by the use of the web pages or the inability to consult the web pages of BirdPass.

Similarly, the Publisher's liability cannot be engaged in case of force majeure resulting from an external, unforeseeable and insurmountable event.

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

The Publisher provides the content of the web pages in their current state and according to its knowledge. The User must in no case consider this information as fully reliable and is therefore advised to verify this information for themselves. Consequently, the Publisher reserves the right to provide no guarantee concerning the reliability of the sources, although the information disseminated on the site is considered reliable.

The Publisher has no general obligation to monitor the data and content provided by Users or to remove content that does not appear to be manifestly unlawful, notwithstanding its reporting.

Article 9. Intellectual Property

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

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

The trademarks mentioned on the BirdPass website are registered trademarks of their respective owners.

In accordance with Article L. 122-4 of the Intellectual Property Code, it is forbidden to reproduce, copy, modify, transmit, or distribute in any way, even partially, on any type of medium, any element from this website without the prior written consent of BirdPass. Any person infringing the intellectual property rights attached to the various objects of this website is guilty of the offense of counterfeiting and is subject to the criminal penalties provided by law.

The User must obtain the authorization of the Publisher of the BirdPass website before any reproduction, copying or publication of these various contents. Any commercial use is prohibited.

The User is fully responsible for any content they post online and undertakes not to infringe on a third party. The Publisher reserves the right to freely moderate or delete at any time the content posted by users, without justification.

Article 10. Personal Data

The User is invited to consult the Data Confidentiality page. For any question or exercise of one of their rights, the User can consult the FAQ, go to their personal account or write to the Publisher on the Contact page.

Article 11. Hypertext links

The BirdPass website contains hypertext links pointing to websites belonging to third parties. BirdPass does not exercise any control over the content or proper functioning of these third-party sites. Consequently, the responsibility of BirdPass cannot be held 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 can be engaged.

It is possible for a third party to create a link to a page on the BirdPass website without the express authorization of BirdPass. However, BirdPass reserves the right to request the removal of a hypertext link pointing to it, if it deems it to be in disagreement with its editorial policy.

Article 12. Evolution of the Terms of Use

The Publisher reserves the right to modify the clauses of these Terms of Use (TOU) at any time and without having to justify it.

Article 13. Duration of the contract

The present contract is concluded for an indefinite period. The contract takes effect with respect to the User from the beginning of the use of the service.

Article 14. Indivisibility

Le fait que l’une quelconque des dispositions des Conditions Générales d’Utilisation (CGU) soit ou devienne illégale ou inapplicable n’affectera en aucune façon la validité ou l’applicabilité des autres stipulations des Conditions Générales d’Utilisation (CGU).

Article 15. Applicable law and competent jurisdiction

The conclusion, interpretation and validity of these General Terms of Use (GTC) are governed by French law, regardless of the User's country of origin 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 concerning the validity, execution or interpretation of these General Terms of Use (GTC) is brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of Le Havre to which jurisdiction is expressly granted, even in the event of summary proceedings or plurality of defendants.