The purpose of these general conditions of use (hereinafter referred to as the “CGU”) is to provide the legal framework for the use of the “BILL UP” mobile application (hereinafter referred to as the “Application”) developed by the company BU INVEST (hereinafter referred to as the “Publisher”) by the user (hereinafter referred to as the “User”).
The Application offers Users services for reading paper invoices (by scanning) and for reading electronic invoices allowing the payment of the bill via the User's banking application.
Any use of the Application necessarily implies the unreserved acceptance, by the User, of the Terms of Use, in their latest online version, of which the User declares to have read and to have expressly accepted them by ticking, at the time of creating his account in the Application, the box “Accept the (CGU)/(CGV)” reserved for this purpose.
The CGU are available on our website and accessible from any browser and printable by the User.
The Publisher reserves the right to modify the CGU at any time.
1. OBJECT
The purpose of the CGU is to define the rights and obligations of the Publisher and the User in connection with access to the Application and the use of the Application services by the User.
2. DEFINITIONS
In the CGU, the terms identified below with a capital letter will have the following meaning:
Application: The “BILL UP” mobile application published by the Publisher, in its latest version available in Apple's “Apple Store” and Google's “Google Play Store”.
Bridge: The “BRIDGE” payment order initiation service solution/interface published and provided by the company PERSPECTEEV, benefiting from the status of payment institution pursuant to an approval issued by the Prudential Control and Resolution Authority, and accessible from the Application in order to manage and control the entire payment chain of User invoices.
Account: The account that must be created by the User in the Application to be able to access the Services.
Publisher: The simplified joint stock company BU INVEST with a capital of 50,000 euros, registered in the Annecy Trade and Companies Register under number 931 477 426, whose head office is located 11 RUE DE L'EVECHE 74940 ANNECY, taken in the person of its current legal representatives.
Party (s): The Editor and/or the User.
Services: The services for reading paper invoices (by scan) and for reading electronic invoices, accessible from the Application, allowing the payment of the bill via Bridge and the User's banking application.
User: Any natural person of legal age, acting on their own behalf or that of a legal person they represent, accessing the Application.
3. HOW TO ACCESS THE APPLICATION
3.1. Access to the Application
The Application is accessible, according to the rate in force on the day of subscription as indicated in the general conditions of sale and by means of a telecommunications network providing access to the Internet. This access is provided by a telecommunications operator under the sole responsibility of the User and at his expense.
3.2. Account creation The application is accessible by creating an Account. The User can create an Account by providing their email address and by creating a password composed of 8 to 64 characters and including at least 3 of the following characters: a lowercase letter, an uppercase letter, a number and/or a symbol as indicated during the creation.A verification code is sent by the Application to the email address provided by the User.The User must then enter:
- For natural persons: their name and surname, their postal code, their telephone number and subsequently their payment card number;
- For legal entities: the SIREN, the company name, the address and subsequently the payment card number of the legal entity.
The User must finally enter the verification code sent by email.
The User can then connect to their Account with the email address provided and their password or by using biometrics or by using a four-digit code previously defined.
The User can also create an Account by providing the identifiers of his Google user account or his Apple user account and then connect to his Account with his identifiers.
The User undertakes to provide honest and accurate information when creating the Account giving access to the Application.
3.3. Responsibility of the User with respect to the Account
The User is responsible for the accuracy and updating of the information provided. It is specified that he can modify them at any time by connecting to his Account. Each User can only have one Account. If the Publisher learns that the User has several Accounts, the Publisher reserves the right to delete all of the User Accounts under the conditions referred to in article 10 below. The User is solely responsible for the activity of his Account. At no time should the User reveal the password for his Account to a third party, including to a third party who claims to be the owner of the Application, the Publisher never taking the initiative, for any reason whatsoever, to contact the User to ask for his password. If the User reveals his password to a third party, the Publisher may delete the User's Account under the conditions referred to in article 10 below. If the User loses his password, he must then contact the Publisher by clicking on the “Forgotten password” link. After following all the instructions provided by the Publisher to obtain a new password, the User will receive, on the email address he provided when creating his Account, a six-digit code allowing him to define his new password.
4. TERMS OF USE OF THE APPLICATION
4.1. Application Description
The Application provides the User with a dashboard allowing him to:
- To pay invoices recorded in the Application via Bridge and the User's banking application.
- To manage the payment cards registered by the User in the Application:
o To see the registered payment cards
o To register new payment cards
o To remove payment cards from the Application.
- To manage the service providers registered by the User in the Application:
o To see the list of registered service providers
o To add new service providers
o To remove service providers from the Application.
- To manage the invoices scanned and recorded by the User in the Application:
o To see the list of bills to be paid
o To see the history of paid invoices
o To scan new paper invoices and to register new electronic invoices.
o To delete invoices
4.2. Payment of bills
The payment of invoices is made through Bridge, which will direct the User to its banking application for authorization and initiation of said payment. The use of Bridge requires the prior acceptance by the User of the general terms and conditions of subscription (CGS) for the Bridge service when choosing the User's bank, under which the User expressly allows and entrusts to the Publisher, designated as a “Third-Party User” (as defined in the CGS), the use of Bridge to facilitate the execution of the services that the Publisher provides to him.
5. RULES OF CONDUCT
To access the Application, the User is prohibited from engaging in any behavior that could harm the image of the Publisher or the Application. The User undertakes to respect the following rules:
• Do not impersonate a third party or impersonate an employee or representative of the Publisher.
• Do not use piracy, “flooding” or any other malicious action against the Publisher.
• Do not scratch, hack, reverse engineer, compromise, or alter the Application:
o Do not use robots, crawlers, scrapers, or other automated means to access data or other content, from or to interact with the Application.
o Do not hack, bypass, delete, delete, alter, or attempt to circumvent any security or technological measure used to protect the Application.
o Do not decipher, decompile, disassemble, or reverse engineer the software or hardware used to provide the Application.
o Do not take any action that could damage or interfere with the performance or proper functioning of the Application.
• Use the Application in accordance with the terms authorized by the CGU:
o Do not make payments outside of the Application to avoid paying fees, taxes, or for any other reason.
• Respect its contractual obligations and all applicable legal provisions.
In the event of non-compliance with this article, the Publisher may delete the User Account under the conditions referred to in article 10 below.
6. COMPLIANCE OF THE USE OF SERVICES WITH BANKING REGULATIONS
Without prejudice to its role as a “Third Party User” of Bridge as indicated in 4.2 above, it is hereby expressly recalled that the Publisher, whether in connection with the use of the Application under these Terms and Conditions or under its Terms and Conditions, does not provide or intervene in any way in terms of the payment service of User invoices, only the subscription to Bridge exclusively allowing the latter to initiate, manage and control these payments.
7. INTELLECTUAL PROPERTY
The Application and each of the elements that make it up, including in particular the graphic charter, data, data, software, software, texts, images, logos etc. are protected by intellectual property law, namely in particular copyright and software law, design law, design law, model law, patent law and/or trademark law. The Application and each of the elements that make it up, including the associated intellectual property rights, are the exclusive property of the Publisher; at the very least, the Publisher owns the rights for or is duly authorized to exploit them.
The Publisher grants the User a personal, collective and non-exclusive right to use the Application, in accordance with the provisions of the Terms and Conditions. Any other use of the Application or one of its elements constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, without prior written and express authorization from the Publisher. The User therefore acknowledges that, in the absence of prior, express and written authorization from the Publisher, any total or partial copy and any distribution or exploitation of one or more of the elements referred to above, even modified, will be likely to give rise to legal proceedings against him. In general, the User undertakes not to harm, in any way whatsoever, the Application, or to make an improper use of it that would directly or indirectly discredit or devalue the Publisher and/or his image. The Editor opposes all harvesting and mining operations of texts and data, within the meaning of article L 122-5-3 of the Intellectual Property Code. This opposition covers the entire application and its contents, except with the prior, express and written authorization of the Publisher.
8. PROTECTION OF PERSONAL DATA
The Publisher collects certain personal data from the User, which is necessary to provide the Application and the Services. This personal data is subject to computer processing allowing the Publisher to identify each of the Users, to communicate with them, to respond to their requests and to ensure the management of the Services, in accordance with the provisions of EU Regulation 2016/679 on the protection of personal data of natural persons (RGPD) on the protection of personal data of natural persons (RGPD) modifying the Data Protection Act No. 78-17 of January 6, 1978. Personal data is intended for the Publisher to manage the contractual relationship and exchange with the User through current means of communication, who may communicate them to its service providers providing services in connection with the Application, in particular the host and service provider maintaining the Application where appropriate, as appropriate, to the extent authorized or provided for by law. In this case, the transfer of personal data is limited to what is strictly essential. In addition, the Publisher ensures that its service providers respect its instructions, implement all appropriate measures to guarantee the security, confidentiality and integrity of Users' personal data and, in general, respect the regulations in this area. Personal data will be kept for as long as is strictly necessary for the management of the Services and, in any event, for a period not exceeding five (5) years from the end of the contractual relationship, in the absence of a request for deletion or opposition from the User in the meantime, if possible. The Publisher implements all appropriate measures to ensure the security, integrity and confidentiality of the personal data collected. In accordance with the applicable regulations on the protection of personal data and subject to the conditions to be respected, the User may exercise a right of access, rectification, opposition, portability, limitation of processing and deletion of personal data concerning him. To exercise this right, the User may contact one or other of the following addresses:
- By email: dpo@billup.com
- By mail by post: BU INVEST 386 ROUTE DE CHAVANNE, 74330 POISY
It will be answered within one (1) month.
If necessary, the User also has recourse to the National Commission for Information Technology and Freedoms (CNIL). However, he may first contact the Editor who will respond to him within two months.
For more information, the User is invited to consult the Privacy Policy.
In addition, the Publisher uses cookies necessary for the proper technical functioning of the Application.
The User can consult the Publisher's Cookie Policy.
9. UPDATE THE APPLICATION
The Publisher may consider it necessary to update or reset certain parameters of the Application and/or its elements. Thus, the Publisher reserves in particular the right to develop the Application, in particular by providing new functionalities, or by modifying or deleting certain functionalities. These updates, resets, evolutions are likely to temporarily prevent the User from accessing the Application and/or to cause a modification of the architecture of the Application and its elements, which the User expressly acknowledges, as the Publisher cannot be held liable in this respect.
10. SUSPENSION — SUPPRESSION
A User Account may be deleted in two cases:
- At the end of the contractual relationship: by the Publisher;
- At the departure of a User: by the Editor, if duly informed, or by the User.
The Publisher also reserves the right to suspend or delete the Account of any User who does not comply with the Terms of Use or applicable laws and regulations.
Any suspension or deletion of the Account will be notified to the User by email sent to:
- to the email address provided by the User when creating their Account; or
- to the email address associated with the User's Google or Apple user account.
In addition, the Publisher reserves the right:
- to deliver any contentious content to the authorities who request it in the event of a violation by the User of a legal provision; and
- to take legal action directly against the offending User in order to obtain compensation for any harm suffered by him as a result.
11. RESPONSIBILITY
The Publisher is bound by a single obligation of means in the context of the provision of the Application and cannot under any circumstances be responsible for any loss, prejudice, direct or indirect damage, of any nature whatsoever, resulting from the management, use, operation, interruption or malfunction of the Application.
The User acknowledges that the Publisher cannot in fact under any circumstances guarantee that the Application will meet performance requirements or that it will function without discontinuity or bugs.
If the Publisher notices the existence of a malfunction or a bug relating to the Application or one of its elements, or if it is informed by a User, then the Publisher will make its best efforts to correct these dysfunctions or bugs as soon as possible. In any event, the Publisher cannot under any circumstances be held responsible for direct or indirect damages resulting from the User's non-compliance with the Terms of Use, a malfunction of the Application or its elements, a modification or alteration of the Application by a User, or any attack that would be caused to the Application or its elements.
In any event, the Publisher's liability will be limited to damages only, some, real and direct. Finally, the Publisher cannot be held liable if the execution of the Application is prevented due to a malfunction or interruption of the electrical or telecommunications network.
.12. ATTRIBUTION OF JURISDICTION — APPLICABLE LAW
The CGU are subject to French law.
In the event of a dispute over the interpretation, execution and fulfilment of any of the provisions of the CGU, the User will contact the Publisher with whom he will try to find an amicable solution.
Otherwise, disputes will be submitted to the competent courts located within the jurisdiction of the Publisher's registered office.
13. GENERAL STIPULATIONS
13.1. Indivisibility
In the event that a provision of the T&Cs is declared invalid, void or unenforceable by a court or an arbitrator, this provision will be modified in order to make it applicable and effective as close as possible to what was intended by the Parties. If a court or arbitrator declares the amended provision invalid, illegal, void, or unenforceable, the validity, legality and enforceability of the other provisions of the T&Cs will not be affected.
13.2. Entire agreement
The T&Cs constitute the full, entire and exclusive agreement between the Parties with respect to the use of the Application and cancel and replace any previous contract or agreement, whether written or verbal, having the same purpose.
13.3. Changes to the T&Cs
The Publisher reserves the right to modify, supplement or replace the provisions of the CGU, with effect from the date the new CGU is posted on the Application, or by any other form of notification.
13.4. Waiver
The fact that one of the Parties does not rely on a breach by the other Party of any of the obligations referred to in the CGU cannot be interpreted for the future as a renunciation of the obligation in question.
These general terms and conditions of sale (hereinafter the “CGV”) apply between the company BU INVEST and its consumer, professional or non-professional customers and are intended to define the conditions under which the customer (i) natural person acting for purposes that do not fall within the framework of his commercial, industrial, industrial, artisanal, artisanal, liberal or agricultural activity (hereinafter the “Consumer Customer”), or the customer (ii) legal person acting for purposes that do not fall within the framework of his commercial, industrial, artisanal, artisanal, liberal or agricultural activity (hereinafter the “Consumer Customer”), or the customer (ii) legal person who does not act for professionals entering into the framework of its commercial activity, industrial, artisanal, liberal or agricultural activity or the customer (hereinafter the “Non-Professional Customer”), or the customer (hereinafter the “Non-Professional Customer”), or the customer (hereinafter the “Professional Customer”), or the customer (hereinafter the “Professional Customer”) orders and downloads a mobile application entitled “BILL UP” to manage the payment of his personal or professional invoices (hereinafter the “Application”), published by the joint stock company simplified BU INVEST with a capital of 50,000 euros, registered in the Register of Commerce and Companies of Annecy under the number 931 477 426, whose head office is located at 11 RUE DE L'EVECHE 74940 ANNECY, taken in the person of its current legal representatives (hereinafter the “Publisher”).
When the provisions concern all customers, whether they are the Consumer Customer, Non-Professional Customer or Professional Customer, only the “Customer” will be mentioned.
The Terms and Conditions are transmitted prior to any provision of the Application, they are deemed to have been read and accepted by the Customer before any order of the Application. They take precedence over any contractual document issued by the Customer, such as general terms and conditions of purchase.
The CGV are applicable to any supply of the Application by the Publisher, unless specific contractual provisions to the contrary are accepted in writing by the Publisher and the Customer.
1. APPLICATION DESCRIPTION
The Publisher offers the Customer the Application allowing to scan, centralize, archive, and reconcile invoices, whether they are invoices related to renovation work, the purchase of materials, or an intervention by a service provider (maintenance, repair, etc.), whether personal and professional.
The payment of these invoices may be made via the BRIDGE. payment solution/interface offered by a third company, PERSPECTEEV, a payment institution authorized by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) to offer in particular services for the initiation of payment orders. To access the BRIDGE solution, the Customer must first have read and accepted the general terms and conditions of subscription (CGS) of the Bridge service included/to be downloaded in the Application for the purposes of membership as well as the designation of the Publisher as a Third-Party User.
2. PRIZES
The Customer has the option of opting for two types of pricing:
- A single payment when paying an invoice in the Application, the latter being punctual and unique;
The price is expressed with all taxes included 0,99€
The Publisher retains the right to change its rates at any time. However, these rate changes will not affect the current period. However, they will be applicable in the event of a renewal of the subscription, provided that the Customer has been informed in writing at least twenty (20) days before the renewal deadline.
3. TERMS OF PAYMENT AND LATE PAYMENT
3.1. Non-subscription application
As part of the Application downloaded without a subscription, the Publisher sends the Customer an invoice, the payment of which must be made, by credit card payment via the Stripe application to which the Application refers, within thirty (30) days from the date of receipt of the invoice, unless otherwise specified on the invoice.
3.2. Penalty in case of non-payment
In the absence of proper receipt of payment, the Publisher may, without prejudice to any other possible action or recourse:
- suspend the execution of the Application;
- apply, as of right, for Professional Customers only, late payment penalties at the European Central Bank (ECB) refinancing rate plus ten (10) points. The penalty is incurred if payment has not been made by the due date on the invoice, without the need for a formal notice. The Customer will also be automatically liable for a fixed compensation for recovery costs in the amount of €40 (art. D. 441-5 of the Commercial Code). When the recovery costs incurred exceed the amount of this fixed compensation, the Publisher may request, for professional Customers only, additional compensation upon justification (art. L. 441-6 paragraph 12 of the Commercial Code).
4. OBLIGATIONS AND COMMITMENTS OF THE CUSTOMER
The Customer acknowledges having read the elements of the Contract and having ensured the suitability of the Application to its own needs. The Customer acknowledges that he was able, prior to the conclusion of the Contract, to request any information from the Publisher and that he was thus sufficiently informed.
The Customer undertakes to use the application in accordance with the information and information provided in the contractual file provided to the Customer prior to the conclusion of the Contract, to the exclusion of any other use.
The Customer expressly guarantees the Publisher from any liability action initiated by a third party, against the Publisher, regardless of the cause or date, except in the event of a breach by the Publisher of its contractual or legal obligations, and will fully indemnify the Publisher from the consequences of any proceedings in this respect.
The Customer is prohibited from:
- to use the Application for purposes other than normal use, in any way that would violate national, community or international law, or any other regulation, in a fraudulent manner or for illegal purposes;
- to publish, transmit, broadcast, edit or make accessible on the Application any content that could constitute, without this list being exhaustive, a violation of public order;
- to falsify data, messages or documents;
- to engage in a violation of intellectual property rights (in particular in terms of software, databases, images and texts) or any other property right belonging to others.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE PUBLISHER
The Publisher is responsible to the Customer for the provision of the Application under the conditions provided for in the CGV and for any obligations at its expense which have been transferred in whole or in part to a third party, within the limits provided for in the CGV. In other words, the Publisher is committed to the provision of the services necessary for the functioning of the Application by third parties appointed by him, under the conditions provided for in the Contract.
As part of the Application, the Customer remains responsible for the data present on his computer installation, the Publisher cannot therefore be held liable in this respect.
The Customer assures that it makes regular backups of its important or sensitive data and the Publisher cannot under any circumstances be designated as responsible for the loss of information, files and any other stored data except at the fault of the Publisher.
To the extent authorized by law, and within the limit of fault attributable to the Publisher, the Publisher does not give any guarantee that:
(i) the Application is not uninterrupted, slowed down, safe or malfunctioning, and/or
(ii) the server or any information made public via the Application are free of any viruses, Trojan horses or elements affecting their proper use, and/or
(iii) the Application is accessible 24 hours a day, 7 days a week, except at the fault of the Publisher.
With respect to Professional Customers only, under no circumstances can the Publisher, its directors, shareholders, directors or staff, be responsible or implicated by the Professional Customer and/or any other person, for any damage not attributable to the Publisher or any other damage arising from:
(i) the violation of the Contract by the Professional Client and/or;
(ii) made by a third party to the Contract and/or
(iii) the unavailability of the Application and/or
(iv) any technical difficulty affecting the Application that is not attributable to the Publisher and/or
(v) the inability for the Professional Customer to use, in whole or in part, the Application not attributable to the Publisher and/or
(vi) unauthorized or altered access to the Application not attributable to the Publisher, and/or
(vii) the unauthorized use of data resulting from the use of the Application.
The Publisher will not be held responsible in the event of refusal or delay in publication on the Application stores due to the Customer or a third party. The Customer must check the conformity of the Application with the terms and conditions of the stores.
The Customer is solely responsible for the use of its spaces. Identifiers and passwords are strictly personal and confidential and should under no circumstances be disclosed or shared with third parties. The Customer must inform the Publisher, without delay, in the event of suspicion or unauthorized use of its spaces and/or fraudulent access to its identifiers and/or passwords.
With respect to the Professional Customer only, in the event of a fault on the part of the Publisher in the context of the execution of the Contract previously demonstrated by the Customer, the Publisher's liability will be limited to direct damage to the exclusion of any indirect damage; to material damage to the exclusion of any intangible damage; to material damage excluding any intangible damage.
With respect to the Professional Customer only, in the event of a proven breach by the Publisher of its contractual obligations, the maximum amount of damages awarded will be limited to the cost of the Application or to the total cost of the subscription over the last twelve (12) months, if the Application is the subject of a subscription.
6. LEGAL GUARANTEE OF CONFORMITY APPLICABLE ONLY TO CONSUMER CUSTOMERS AND NON-PROFESSIONAL CUSTOMERS
Since the boxes correspond to a legal obligation, the terms have not been modified. In these boxes, the “consumer” corresponds to the Consumer Customer and the Non-Professional Customer.
6.1. In case of a single payment
The consumer has a period of two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of the occurrence of a lack of conformity. For a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity involves the obligation to provide all the updates necessary to maintain the conformity of the digital content or digital service.
The legal guarantee of conformity gives the consumer the right to bring digital content or digital service into conformity without undue delay at his request, at no cost and without major inconvenience for him.
The consumer can obtain a reduction in the price by keeping the digital content or the digital service or he can end the contract by getting a full refund in exchange for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into compliance;
2° The bringing of digital content or digital service into compliance is unjustifiably delayed;
3° The bringing of digital content or digital service into conformity cannot take place without costs imposed on the consumer;
4° Bringing digital content or digital service into conformity causes a major inconvenience for the consumer;
5° The non-compliance of digital content or digital service persists despite the professional's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in the price or the termination of the contract. The consumer is then not required to request that the digital content or digital service be brought into conformity in advance.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service in order to bring it back into conformity suspends the warranty which remained to run until the digital content or digital service is supplied again in conformity.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
A professional who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained or to a full refund against renunciation of the digital content or digital service.
7. DURATION AND TERMINATION
The GCS take effect as soon as they are accepted and will remain in force, unless cancelled under the conditions defined below, for the duration of the Contract between the Customer and the Publisher.
8. INTELLECTUAL PROPERTY
The Application and each of the elements that make it up, including in particular the graphic charter, data, data, software, software, texts, images, logos etc. are protected by intellectual property law, namely in particular copyright and software, design law, design law, model law, patent law and/or trademark law.
The Application and each of the elements that make it up, including the associated intellectual property rights, are the exclusive property of the Publisher; at the very least, the Publisher owns the rights for or is duly authorized to exploit them.
The Publisher grants the Customer a personal, collective and non-exclusive right to use the Application, in accordance with the provisions of the CGV.
Any other use of the Application or one of its elements constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, unless prior, written and express authorization from the Publisher.
The Customer therefore acknowledges that, in the absence of prior, express and written authorization from the Publisher, any total or partial copy and any distribution or exploitation of one or more of the elements referred to above, even modified, will be likely to give rise to legal proceedings against him.
In general, the Customer undertakes not to harm the Application in any way whatsoever, nor to make an improper use of it that would directly or indirectly discredit or devalue the Publisher and/or his image.
9. PERSONAL DATA
The Customer is informed that the Publisher is required, in the context of the purchase and use of the Application, to collect and process personal data concerning him.
This processing is carried out in accordance with legal and regulatory provisions relating to the processing of personal data and, in particular, Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, amended by Law No. 2018-493 of 20 June 2018, Regulation (EU) 2016/679 of 20 June 2018, Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council relating to the Protection of natural persons with regard to the processing of personal data and to free movement of this data (called “RGPD”), as well as any other legislative or regulatory provision in force.
Data collection is necessary for the proper management of the contractual and commercial relationship; it allows the Publisher to identify the Customer, to communicate with him, to respond to his requests and to provide him with the Application and the associated services.
Personal data is intended for the Publisher to manage the contractual relationship, which may communicate them to its service providers providing services in connection with the Application, in particular the host and service provider maintaining the Application, if necessary, to the extent authorized or provided for by law.
In this case, the transfer of personal data is limited to what is strictly necessary. In addition, the Publisher ensures that its service providers respect its instructions, implement all appropriate measures to guarantee the security, confidentiality and integrity of Users' personal data and, in general, respect the regulations in this area.
Personal data will be kept for as long as is strictly necessary for the management of the Application and the provision of associated services and, in any event, for a period not exceeding five (5) years from the end of the contractual relationship, in the absence of a request for deletion or opposition from the Customer in the meantime, if possible.
The Publisher implements all appropriate measures to ensure the security, integrity and confidentiality of the personal data collected.
In accordance with the applicable regulations on the protection of personal data and subject to the conditions to be respected, the Customer may exercise a right of access, rectification, opposition, portability, limitation of processing and deletion of personal data concerning him.
To exercise this right, the Customer may contact one or other of the following addresses:
- By email: dpo@billup.com
- By mail by post: BU INVEST 11 RUE DE L'EVECHE 74940 ANNECY
It will be answered within one (1) month.
If necessary, the Customer also has recourse to the Commission Nationale de l'Informatique et des Libertés (CNIL). However, he may first contact the Editor who will respond to him within two months.
For more information, the User is invited to consult the Privacy Policy.
In addition, the Publisher uses cookies necessary for the proper technical functioning of the Application.
The User can consult the Publisher's Cookie Policy.
10. CONFIDENTIALITY
All information, data, know-how, regardless of its form and nature (commercial, industrial, technical, financial, etc.), communicated by one of the parties (hereinafter the “Owner”) to the other party (hereinafter the “Recipient”), or of which they would become aware in the context of the provision of the Application, will be considered confidential (hereinafter the “Confidential Information”).
On the other hand, information (i) in possession of the Recipient prior to its disclosure by the Account Holder is not considered Confidential Information, without such possession resulting directly or indirectly from the unauthorized disclosure of this information by a third party, (ii) which is part of the public domain, without this situation being attributable to the Recipient's failure to comply with its confidentiality obligations, or (iii) which was developed independently by the Recipient.
The Recipient undertakes to use the Confidential Information only in the context of the execution of the Contract, to protect it and not to disclose it to third parties other than its employees, collaborators, affiliated companies and subcontractors who necessarily need to know it in the context of the execution of the Contract, without the prior written authorization of the Owner and not to file any intellectual property title whatsoever on the Confidential Information. The Recipient takes the necessary measures to ensure compliance with these confidentiality obligations by its employees, collaborators, subsidiaries and subcontractors having access to Confidential Information.
The Recipient may disclose the Account Holder's Confidential Information to a third party only if such disclosure is strictly required by law or a competent judicial or administrative authority or is strictly necessary to defend the interests of one or other of the parties in the context of legal action.
Any violation of the Recipient's confidentiality commitments would constitute a serious breach of its obligations, would incur its contractual liability and would then give rise to compensation for the damage suffered by the Account Holder.
The above confidentiality commitments are concluded for the duration of the Contract and for five (5) years following the expiration or termination of the Contract.
At the end of the Contract, each party will immediately return to the other party or destroy all documents containing Confidential Information, guarantee that they have not kept any copies, except with the exceptional written agreement of the other party and will undertake not to use them directly or indirectly, for its own account or that of a third party, for any purpose whatsoever.
11. FORCE MAJEURE
In the event of the occurrence of an unforeseeable event, external and independent of the will of the Publisher, making it impossible to provide the Application, it will be suspended after the sending of a letter of formal notice with acknowledgement of receipt informing the Customer of the occurrence of such an event, without the Publisher being liable.
Force majeure may in particular be constituted in the event of the occurrence of the following events: fire, strike, lock-out, lock-out, floods, natural disaster, war, riot, requisition, government decision, total or partial blocking or interruption of telecommunications services or electrical networks, pandemic, strike, lock-out, lock-out, lock-out, lock-out, lock-out, lock-out, flood, natural disaster, war, riot, requisition, government decision, blocking or total or partial interruption of telecommunications services or electrical networks, pandemic, virus, health crisis, and more generally any other force majeure event as retained by case law.
In the event that the event and the suspension continue beyond a period of three (3) months, the Publisher and the Customer will have the possibility of terminating the Contract without compensation by notifying the other party of its decision by registered letter with acknowledgement of receipt.
the Publisher cannot be held responsible for any breach resulting from the occurrence of such an event, which cannot give rise to the payment of damages.
12. TRANSFER OF CONTRACT
In the event of a change in the professional status and/or change of control of the Professional Customer or Non-Professional Customer, within the meaning of article L. 233-3 of the Commercial Code, the Customer must obtain the prior written authorization of the Publisher for the continuation of the Contract. Otherwise, the Publisher will be entitled to terminate the Contract by operation of law, without any damages for the benefit of the Customer concerned.
13. MODIFICATION AND INVALIDITY OF THE TERMS AND CONDITIONS
The Terms and Conditions may be modified by the Publisher, in particular in the event of technical, legal or jurisprudential developments or when new functionalities of the Application are implemented.
If one or more stipulations of the GTCS are held to be invalid, declared void or deemed to be unwritten in application of a law, regulation or following a final decision by a competent court, the other stipulations will remain in full force and scope and the Publisher will without delay make the necessary changes by respecting, as far as possible, the spirit of the GCS.
14. DISPUTE RESOLUTION AND APPLICABLE LAW
The GTC will be governed and interpreted in accordance with French laws and regulations.
FOR PROFESSIONAL CUSTOMERS, ANY DISPUTE AND DISPUTE RELATING TO THE GENERAL CONDITIONS NOT RESOLVED AMICABLY AFTER A PERIOD OF SIXTY (60) DAYS FROM THE FIRST NOTIFICATION OF THE DISPUTE, MUST BE SUBMITTED BY THE MOST DILIGENT PARTY TO THE COURTS LOCATED WITHIN THE JURISDICTION OF THE PUBLISHER'S HEAD OFFICE.
For Consumer and Non-Professional Customers, any complaint must be specifically addressed to the Publisher's customer service.
The complaint must be substantiated and accompanied by supporting documentation of the damage suffered.
In the event of a dispute relating to these GCS, the Consumer or Non-Professional Customer may contact the Publisher to obtain an amicable solution, either:
By mail to: 386 Route de Chavanne, 74330 Poisy
In application of articles L. 612-1 and following and R. 612-1 and following of the Consumer Code and provided that the Consumer or Non-Professional Customer has previously sent a written complaint to the Publisher's customer service by email or by post, which has remained unanswered or whose response or solution given by the customer service does not suit him or whose response or solution given by the customer service does not suit him, the latter may use the mediation service free of charge in order to resolve the dispute amicably, within a period of twelve (12) months following the written complaint, including contact details are indicated below:
Juri-Mediation | 9 rue Guillaume Fichet - 74000 Annecy
In the event of failure of the mediation or if the Consumer or Non-Professional Customer does not wish to proceed through mediation, he retains the right to refer the matter to the competent jurisdiction, the Consumer or Non-Professional Customer may refer the matter either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the Contract or the occurrence of the harmful event.
his signature by electronic means.
the Publisher and the Customer mutually and irrevocably waive all remedies, actions, requests and claims relating to the electronic signature of the Contract.
