Terms and conditions of use (Website)
IMPORTANT – NOTICE TO USERS – PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE WEBSITE SERVICES AND KEEP A COPY
BETWEEN :
The company SAS URIOS, with a capital of 3,000,000 euros, registered 398 686 980 in the PARIS Trade and Companies Register, whose registered office is located at: 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16;
Hereinafter referred to as “The Publisher”,
The persons, professionals or consumers, wishing to reach the Contents of the Internet site of The Editor,
Hereinafter referred to as “Visitor”,
Hereinafter jointly referred to as “The Parties”.
FOREWORD
The company SAS URIOS with a capital of 3,000,000 euros, registered 398 686 980 in the PARIS Trade and Companies Register, whose registered office is located at: 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16, operates the website https://www.urios.com/ (hereinafter referred to as the Site).
The Publisher’s activity is the promotion of its Services, through the Website. It also offers a payment area for Debtors as well as an area reserved for its Customers.
As the Publisher carries out a debt collection activity, it is subject to all the regulations applicable to this activity, in particular articles R124-1 et seq. of the Code of Civil Enforcement Procedures.
Pursuant to the provisions of article R124-2 of the code of civil enforcement procedures, the Publisher holds an Account exclusively dedicated to the receipt of funds collected on behalf of creditors, and holds an insurance policy guaranteeing it against the pecuniary consequences of the professional civil liability that it may incur due to its activity.
In application of article R124-2 of the code of civil enforcement procedures, the Publisher’s debt collection activity has been declared to the Public Prosecutor.
The purpose of these General Terms of Use (hereinafter “TCU”) is to determine the characteristics, terms and conditions of access to the Services available on the Site.
The Parties agree that their relations shall be governed exclusively by these TCU, to the exclusion of any conditions previously available on the Site.
The Site is available free of charge on the Internet and is accessible to any Visitor with Internet access.
All costs relating to access to the Site, such as hardware, software or Internet access costs, are exclusively borne by the Visitor, who is solely responsible for the proper functioning of his equipment and his Internet access.
These TCU can be freely consulted by any Visitor on the Site from the URL address: https://www.urios.com/en/tcu/.
The Publisher reserves the right to modify these TCU at any time by publishing a new version on the Site. They come into force as soon as they are published on the Site.
The TCUs in force are those available on the Site on the day of the visit.
I. DEFINITIONS
Account: refers to the space made available to the User on the Site, allowing him/her to access the Services after being identified.
Content: refers to all the content of the pages accessible to Visitors;
Services: refers to the Services for making Content available on the Site;
Site: refers to all the Services and Content accessible on the Site at the following address https://www.urios.com/.
Visitor: refers to any Internet user consulting the Site who is at least 18 years old.
User: refers to any Visitor using the Site to communicate with the Publisher or to use the online Services, whether they are a Customer or Debtor.
Debtor: refers to any Visitor who owes a debt to the Publisher.
Customer: refers to any Visitor who has contracted with the Publisher in the context of its service provision.
II. SCOPE OF APPLICATION AND ACCEPTANCE OF THE CONDITIONS
– The original TCU are in French and are intended to apply exclusively between the Publisher and any Visitor wishing to access the Site and its Content and Services.
It is reminded as necessary that the Site, its Content and its Services are only accessible to persons of legal age in accordance with the laws in force at the time of consultation of the Site and or use of the Services. Minors may only visit the Site under the supervision of a parent or legal guardian.
– Any Visitor adheres unreservedly to these TCU by consulting the Site.
– Any deviation from these TCU may only be enforced against the Publisher if it has been duly accepted and formalised in writing signed by the Publisher.
The fact that the Editor does not sanction a behaviour that deviates from these TCU does not imply acceptance of the deviating behaviour, nor does it imply a waiver of the right to prosecute the author.
III. PROCEDURES FOR ACCESSING THE WEBSITE
– Content – The purpose of the Site is to promote the Services offered by the Publisher, as well as to provide a payment area for Debtors without any condition other than the acceptance of these TCU.
Access to the functionalities within the space reserved for its Customers is subject to the conditions stipulated in the agreement between the Publisher and the Customer.
– Access to the Content – The Content is accessible by any Visitor or User by simply connecting to the following url: https://www.urios.com/.
The Publisher endeavours to allow, but does not guarantee, access to the Site 24 hours a day and 7 days a week, except in the event of force majeure or an event beyond its control, and subject to any maintenance operations necessary for the proper functioning of the Site and/or operations for the purpose of improving and/or modifying the Site, which may be carried out without prior notice from the Publisher to Visitors or Users.
In any case, the Editor cannot be held responsible for the interruptions of access to the Site and their consequences, whatever the extent.
– Security and viruses – It is the responsibility of each Visitor or User to take all appropriate measures to protect themselves against the contamination of their data, software or hardware by viruses that may circulate through the Site or the information published on it, and to manage their data backups.
The Visitor or User expressly accepts and acknowledges that the use of the Site is carried out under his/her own responsibility and that he/she is entirely responsible for any damage or loss caused to his/her computer system, in particular to his/her data, software or hardware or to any Internet access terminal, including any loss of data that may result from downloading or using the Site.
– Use of the Site – Visitors and Users undertake to use the Site in compliance with all the provisions set out in these TCU.
They expressly accept that the use of the Site, the information and the tools included or accessible via the Site is carried out under their own responsibility.
Visitors or Users shall refrain from carrying out any downloading or operations that may hinder the proper functioning of the Site.
In any event, they shall be solely responsible for any damage of any kind that may be caused on this occasion.
Visitors or Users shall refrain from any action likely to undermine the proper functioning of the Site and/or to damage the reputation of the Publisher, the companies in its group, or the personality of their managers.
IV. ACCOUNT
The use of the Account is subject to the terms of the agreement between the Customer and the Publisher, and to the specific terms of use applicable to the services covered by the said agreement.
– Creation Login information is provided to the Customer following the conclusion of an agreement between the Customer and the Publisher.
– The use of the Account requires the use of a password.
The User undertakes to keep his password secret and not to divulge it to any third party in any capacity whatsoever.
If the User loses or forgets his/her password, he/she may reset it by using the “forgotten password” button and then entering the e-mail address previously indicated and linked to his/her Account.
The User is solely responsible for the consequences of the use of his/her Account and acknowledges that any connection or data transmission made using his/her Account will be deemed to have been made by him/her.
– Deletion – The User may, at any time, delete his Account by sending a message stating his request for deletion to the Site administrator, by sending a message to the address: rgpd@urios.com.
The Editor will proceed with the deletion of the Account as soon as possible, and in any case within a maximum period of one (1) month from the receipt of the message requesting deletion.
V. BALANCE OF A DEBT ONLINE
The online payment of the balance of the Debt by the Debtor is carried out in several steps:
– Identification – The Debtor is invited to fill in a form allowing the identification of the debt and the verification of the Debtor’s identity.
This identification takes the form of a file reference appearing in the communications between the Publisher and the Debtor (first 5 digits only), his confidential code, his company name, his SIREN number, his telephone number, his E-Mail address, as well as the amount of the payment to be made.
– Secure payment – The bank cards accepted are those whose logo appears at the second stage.
The transaction is immediately debited to the Debtor’s bank card after verification of the data on the card, on receipt of the debit authorisation from the company issuing the bank card used by the Debtor.
The commitment to pay by means of a payment card is irrevocable. By communicating his bank card information, the Debtor authorises the Publisher to debit his bank account linked to his bank card for the amount indicated during the Identification.
To this end, the Buyer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his. The Debtor shall communicate the sixteen digits and the expiry date of his credit card as well as, if applicable, the visual cryptogram numbers.
In the event that it is impossible to debit the price, the attempt to pay the debt will be cancelled.
No banking data is collected or processed by the Publisher. These bank details are exclusively and directly processed in a secure manner by the Crédit Lyonnais online payment service.
Following payment, a payment confirmation screen is displayed and an e-mail acknowledging receipt of the payment is sent to the Debtor’s contact address.
VI. INTELLECTUAL PROPERTY
All intellectual property rights, in particular copyrights, trademarks, image rights and related rights relating to the general structure of the Site as well as to the texts, logos and any other element making up the Site, belonging to the Publisher, to the companies in its group or to their managers, remain the exclusive property of the Publisher or of their respective holders.
The French trademark “URIOS” registered with the INPI, bearing the number 99783541, and registered on 29 March 1999 is notably protected in classes 35; 36; 38.
The French semi-figurative trademark “URIOS BEIC” is registered with the INPI and has been registered under number 4427220 since 09 February 2018 for classes 35, 36, 38, 42 and 45.
The protected trademark is as follows:
Any exploitation, commercial or not, in particular any downloading, copying, reproduction, distribution, transmission, broadcasting, adaptation, translation or representation, in whole or in part, of the Site, and in particular of its general structure or its logo, of the aforementioned trademarks, by any current or future means and process, on any current or future medium, without the prior written authorisation of the Publisher or of their respective owners, is prohibited and is likely to give rise to legal proceedings, in particular under the heading of infringement.
All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Site, whether registered or not, are and will remain the exclusive property of the Publisher or their respective owners.
In general, any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Publisher, is strictly prohibited.
The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Publisher or of companies in its group.
The databases appearing on the Website are protected by the provisions of articles L341-1 et seq. of the Intellectual Property Code. In particular, the extraction and reuse, quantitatively or qualitatively substantial, of the content of the databases contained on the Website are prohibited. Any offender shall be liable to the penalties set out in Articles L 343-1 et seq. of the Intellectual Property Code.
It is strictly forbidden to use any program intended to extract the Content of the Site, with the exception of robots used by companies operating search engines.
VII. PROTECTION OF PERSONAL DATA
The Editor, within the framework of the Services, is led to collect a certain number of personal data from the Users, necessary for the proper functioning of the Site and the execution of the Services.
The Editor collects and processes this information with the utmost confidentiality.
The User is informed, in accordance with article 32 of the French law “Informatique et Libertés” n°78-17 of January 6, 1978, and in conformity with the regulation 2016/679 “GDPR” (“Applicable Regulations”) that the information he/she communicates to the Editor is necessary to answer his/her requests and is intended for the Editor, as the person responsible for data processing, for administrative and commercial management purposes.
The personal data collected in this way may be used to compile statistics relating to the number of visitors to the Site, in particular via GOOGLE ANALYTICS, of which the User is informed when connecting to the Site.
The Publisher does not transmit this information to any third party without the User’s express consent, with the exception of companies in the URIOS group, and the necessary transmission of this information to its commercial partners within the framework of contractual relations between the Publisher and the User. The relevant contractual provisions shall apply in this case.
The personal data collected by the Publisher are neither sold nor communicated to third parties for advertising purposes.
Personal data is stored in the European Union.
The Publisher and the companies of its group may have recourse to authorised service providers to facilitate the collection and processing of data in the context of its contractual services. These service providers may be located outside the European Union. URIOS has ensured that all of its service providers present adequate guarantees and that they comply with strict conditions regarding confidentiality, use and data protection.
The User’s e-mail address is only used for commercial prospecting purposes with his/her explicit consent.
By way of derogation, and in accordance with the recommendations of the CNIL, the Publisher reserves the right to carry out commercial canvassing of business addresses in its possession.
In this case, prior information will be communicated to Users. They may refuse commercial prospecting at any time via the “unsubscribe” link present in all communications, or by the following unsubscribe methods.
If the User wishes to stop receiving commercial prospecting by e-mail from the Publisher, he may notify the Publisher at any time by one of the following means
– By clicking on the unsubscribe link in each commercial communication;
– By post: URIOS – 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16 ;
– By e-mail: rgpd@urios.com
– Via the contact form available at the following address: https://www.urios.com/en/contact-us/.
The Publisher keeps this information until the User requests the deletion of his Account, or, failing that, for a period of 5 years following the end of the commercial relationship, or following the last use of the Services
Personal data that must be kept (accounting documents, delivery notes, etc.) will be kept in the form of archives for the entire period required by the applicable legal or regulatory regime.
The User has the right to access, question, modify, portability, rectify and delete data concerning him/her.
The User also has the right to object to the processing of his/her personal data and the right to object at any time to the use of such data for commercial prospecting purposes.
For details of these rights, go to: https://www.cnil.fr/fr/les-droits-pour-maitriser-vos-donnees-personnelles.
The Publisher undertakes to respect the requirements of its Personal Data Management Charter, which can be found on the Site at the following address: https://www.urios.com/en/gdpr/.
All rights can be exercised with the Editor by one of the following means:
– By clicking on the unsubscribe link present in each commercial communication;
– By post: URIOS – 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16 ;
– By e-mail: – rgpd@urios.com
– Via the contact form available at the following address: https://www.urios.com/en/contact-us/.
In order to ensure that your rights are fully implemented, the Publisher has assigned the role of “DPO”, or “data protection officer”, to the company ACTECIL. The latter will be in charge of coordinating the protection of Users’ personal data and the protection of their rights.
In any event, the User is hereby informed that he/she is forbidden to enter sensitive Personal Data – within the meaning of the Applicable Regulations – when using the Site, including in the free comment areas made available to him/her where applicable.
VIII. COOKIES
A cookie is a text file that may be stored on an Internet user’s computer, tablet or smartphone when he or she visits and uses a website.
The storage of cookies on an Internet user’s terminal may or may not require prior consent.
Cookies exempt from prior consent are those that are strictly necessary for the proper operation of the Site.
For statistical purposes, the Publisher may collect browsing information through the use of cookies.
Each Visitor or User is free to block the deposit of certain cookies, s by clicking on the various buttons present on the Site’s cookie banner, in the knowledge that certain Site functionalities will no longer be accessible or altered where applicable.
The Visitor or User may, moreover, at any time delete the recording of cookies, or the cookies already recorded on his computer, by configuring the privacy protection options of his Internet browser (for example: Tools > Delete my tracks > Cookies, on Mozilla Firefox and Tools > Delete browsing history > Delete cookies, on Microsoft Internet Explorer).
IX. FORCE MAJEURE
The performance by the Publisher of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure which hinders or delays its performance.
X. NULLITIES
If any of the stipulations of these TCU should prove to be null and void with regard to a rule of law in force or a judicial decision that has become definitive, it shall then be deemed unwritten, without this leading to the nullity of these TCU or altering the validity of its other stipulations.
XI: INDEPENDANCE OF THE PARTIES
Neither Party may make any commitment in the name of and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its allegations, commitments, services, products and personnel.
XII. NON-WAIVER
It is recalled as necessary that the fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
XIII. NOTIFICATIONS
Any notices to be given under this Agreement shall be deemed to have been given if made to the following addresses:
To the Publisher: by registered letter with acknowledgement of receipt to the following address SAS URIOS – 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16;
To the Client: at the e-mail address indicated when the Account was created.
XIV. APPLICABLE LAW AND COMPETENT COURT
The present TCU are subject to French law.
The original language of these TCU is French.
For any difficulty, we invite you to contact us beforehand:
– Mail: SAS URIOS – 91, Avenue Paul Doumer – CS 41774 – 75783 PARIS Cedex 16;
– E-mail: informations@urios.com
Any dispute arising from the performance or interpretation of these TCU, and more generally from the relationship of any kind between the Publisher and a professional User or a Visitor, in particular from access to the Content or Services, will be under the exclusive jurisdiction of the courts of PARIS, except in the case of mandatory legal provisions or public order provisions to the contrary.
Any User domiciled outside of FRANCE agrees that any dispute arising from the execution or interpretation of these TCU, and more generally from access to the Content or to the Free or Paid Services, shall be subject to French law and to the courts of PARIS.