CGU

1.1 Site (hereinafter ‘the Site’): smartsportbyibisbudget.com

1.2 Publisher (hereinafter ‘the Publisher’):

The company CONQUERYOURDAY, a simplified joint stock company with its registered office at 147 boulevard Malesherbes 75017 Paris, registered in the Paris Trade and Companies Register under number 831 839 899; represented by Mr. Grégory MOLLET-VIEVILLE, in his capacity as Chairman, duly authorized for the purposes of these presents;

VAT number: FR30831839899

Phone number: +33 1 88 33 83 73

Email address: contact@conqueryourday.com

Director of publication: Grégory MOLLET-VIEVILLE

1.3 Date of creation of the site: September 2020

1.4 Host (hereinafter ‘the Host’):

The company OVH, 2 rue Kellermann BP 80157 59053 ROUBAIX CEDEX 1 – France
SAS with a capital of 10 174 560,00 € – RCS LILLE METROPOLE 424 761 419 00045 – Code APE 2620Z, N°TVA FR22424761419

Phone number: +33972100070

TERMS AND CONDITIONS OF USE OF THE SITE

PREAMBLE

These Terms and Conditions of Use (the ‘Terms and Conditions’) are entered into between CONQUERYOURDAY (‘CONQUERYOURDAY’ or ‘we’) and any individual of legal age, not a merchant (the ‘User’ or ‘you’), wishing to use the smartsportbyibisbudget.com website (the “Site”).

For the application of the General Conditions, it is agreed that the User and CONQUERYOURDAY will be collectively referred to as the ‘Parties’ and individually referred to as the ‘Party’.

ARTICLE 1 – GENERAL AND ENFORCEABILITY

  • The purpose of the General Conditions is to set the rules of use of the Site and to govern the consultation of the content on the Site, to the exclusion of all other documents, catalogs, documentation emanating from our company, which are communicated only for information purposes and have only an indicative value. Thus, you agree, during each of your visits to the Site, to respect the General Conditions that apply to all content available on the Site, whether provided free of charge or sold.

Unless previously accepted in writing by our company, no particular condition can prevail over the General Conditions and any contrary condition set by the User will be unenforceable against our company.

  • Unless proven otherwise, the data recorded on the Site constitutes proof of all relations between our company and the User.
  • The fact that our company or the User does not prevail over itself at a given time of any of the clauses of the General Conditions may not be interpreted as a waiver, by our company or the User, to prevail over itself later of any of the said clauses.
  • CONQUERYOURDAY is free to modify the Terms and Conditions at any time in order to adapt them to the evolution of the Website and/or the legislation. The new General Conditions are applicable as soon as they are posted on the Site. The User is therefore advised to refer, on a regular basis, to the latest version of the General Conditions available on the Site and to cease its use in case of disagreement with the General Conditions in force.

However, the General Conditions applicable are those in force on the day the User uses the Site.

ARTICLE 2 – ACCESS AND USE OF THE SITE

  • The equipment (computers, telephones, software, means of telecommunication…) allowing access to the Site are at the exclusive charge of the User, as well as the telecommunication costs incurred by their use.
  • In general, you agree not to infringe the rights of CONQUERYOURDAY and you agree to, among other things
  • use and/or download the information on the Site on his equipment for personal use only and limited in time;
  • not to copy and/or reproduce all or part of the Site, in particular on another site or an internal company network;
  • not to reproduce, reuse, summarize, alter, modify, move, extract, replace, store, rebroadcast, represent or retain, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the information and / or reproductions (illustrations, photos …) appearing on the Site and / or the name, logo(s), appearing on the Site;
  • to set up control systems adapted to technical developments to avoid any “piracy” of the Site and in particular to avoid the illicit use or use contrary to the General Conditions of all or part of the information and reproductions appearing on the Site in any way and in any form whatsoever;
  • inform CONQUERYOURDAY as soon as you become aware of any “piracy” and in particular of any illicit or non-contractual use of all or part of the Website, regardless of the means of distribution used.
  • You may not use any device, software or program that interferes or attempts to interfere with the proper working of the Site. You agree, each time you use the Site, to behave in a normal and reasonable manner and not to hinder, in any way whatsoever, its proper functioning.

In particular, you agree to:

  • not to disrupt, slow down, block or alter the normal flow of data exchanged in the course of using the Site;
  • not to accelerate the rate of scrolling of the contents of the Site in such a way that its functioning is modified or altered;
  • not to commit any other action having an equivalent disruptive effect on the functionality of the Site;
  • not to fraudulently access, maintain, interfere with or disrupt the Site’s access systems.

Violation of the mandatory provisions of articles 2.2 and 2.3 exposes the User as well as all persons who have participated in it to the penal and civil sanctions provided by French law.

ARTICLE 3 – LIABILITY

The contents proposed on the Site are in compliance with the French legislation and the Community regulations in force and applicable in France.

CONQUERYOURDAY undertakes to take all the care in use in the profession for the implementation of the content offered to the User. Nevertheless, we shall not be liable for any delay or failure to perform our contractual obligations if the delay or failure is due to a cause beyond our control: fortuitous event or force majeure as defined by the applicable law.

We use all the means at our disposal to ensure the availability of the contents of the present General Conditions.

The responsibility of the editor cannot be committed in the event of failure, breakdown, difficulty or interruption of operation, preventing the access to the site or to one of its functionalities.

You are solely responsible for the equipment you use to connect to the site. You must take all appropriate measures to protect your equipment and your own datas, especially from virus attacks via the Internet. You are also solely responsible for the sites and datas you consult.

The publisher cannot be held responsible for any legal action taken against you:

– from the use of the site or any service accessible via the Internet;

– due to your failure to comply with these terms and conditions.

The publisher is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the site, and you waive any claim against the publisher as a result.

If the publisher is the subject of a legal proceeding because of your use of the site, it may turn against you to obtain compensation for all damages, sums, condemnations and costs that could result from this procedure.

ARTICLE 4 – DATA PROTECTION – PRIVACY

You are invited to refer to the ‘Privacy Policy’ section of the Site to obtain all the necessary information about the processing of your personal data and our policy on cookies.

For more information, the User may consult the CNIL website (http://www.cnil.fr).

ARTICLE 5 – RULES FOR INTERNET USE

Our company makes its best efforts to allow access, consultation and use of the Site in accordance with the rules of use of the Internet.

However, we cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, or that these can be corrected, or that the Site will function without interruption or breakdown, or that it will be compatible with any particular computer equipment or configuration.

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of our company and subject to any breakdowns and maintenance interventions necessary for its proper functioning.

The User declares that he/she accepts the characteristics and limits of the Internet, and in particular its technical performance, the response times for consulting, querying or transferring data and the risks associated with the security of communications.

In this regard, the User acknowledges that :

  • his use of the Site is at his own risk; the Site is accessible to him “as is” and according to its availability;
  • any material downloaded by the User or otherwise obtained through the use of the Site is done so at the User’s own risk;
  • The User is solely responsible for any damage to his or her terminals or any loss of datas resulting from downloading or consulting the Site;
  • It is therefore up to him to take all appropriate measures to protect his own datas and/or software from contamination by any viruses circulating on the Site;
  • The User is solely responsible for the use he makes of the Site;
  • It is the User’s responsibility to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Site.
  • Consequently and within the limits permitted by law, our company cannot be held responsible for any type of foreseeable or unforeseeable damage, material or immaterial (including loss of profit or opportunity…) suffered by the User and arising from the use or total or partial impossibility of using the Site and/or one of the services offered.
  • In any case, any link must be removed upon request of the publisher.
  • Any information accessible via a link to other sites is not under the control of the publisher who declines any responsibility for their content.

ARTICLE 6 – INTELLECTUAL PROPERTY

All trademarks, logos, other distinctive signs, visuals, photos, texts, comments, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights. Any total or partial reproduction of these elements and the Site is therefore strictly prohibited.

The User undertakes not to use the content of the Site as well as all the information brought to his knowledge and that their use never constitutes an infringement or an act of unfair competition.

ARTICLE 7 – APPLICABLE LAW – JURISDICTION

The interpretation and execution of the present general conditions, as well as all the acts which would be the continuation or the consequence, will be subjected to the French law, whatever the place of use of the contents or the nationality of the User or his address.

CONQUERYOURDAY undertakes to seek an amicable solution in case of dispute and asks the User to contact in writing the Customer Service whose coordinates are listed in Article 8 hereof.

Any dispute arising from the interpretation or execution of the general terms and conditions as well as all acts and agreements resulting from them will be submitted to the competent French courts.

ARTICLE 8 – CONTACT US

If you have any questions about the site itself, you can leave a message at the following address: contact@conqueryourday.com