GENERAL CONDITIONS OF USE OF PRESTASCAN
The purpose of these general conditions of use (hereinafter referred to as "T&Cs") is to determine the rules for using the "PrestaScan" service (hereinafter referred to as "PrestaScan") published by the company Profileo (hereinafter referred to as "Profile").
By using the PrestaScan site on your device and/or by accessing its management interface, as a user, you unconditionally and unreservedly accept all of the T&Cs defined below. If you do not wish to accept these Terms, we ask that you do not subscribe to or use this service.
Any use of PrestaScan must comply with these T&Cs.
Article 1. DEFINITIONS
Terms beginning with a capital letter within these T&Cs, whether used interchangeably in the singular or in the plural, will have the meaning given to them below:
"User" or "You" means an adult or minor natural person who has previously obtained the authorization of his parents or the person vested with parental authority, and who has subscribed to the PrestaScan service for his own needs, within the framework of strictly professional use.
“PrestaScan” designates the service service published and provided by Profileo, giving access to the supervision interface of an e-commerce store as well as to the functionalities linked to it. This also includes content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that make it up, updates update and new versions that can be brought to PrestaScan by Profileo.
Article 2. PURPOSE AND FUNCTIONALITIES OF PRESTASCAN
The purpose of the PrestaScan service and/or interface is to allow merchants to check the proper functioning of their own e-commerce store.
Thus, PrestaScan allows users:
Analyze the good design of their e-commerce store
To control the technical performance
To find the technical answers to resolution
This list is non-exhaustive and may be modified at any time by Profileo without its liability being engaged in this regard by anyone.
Article 3. ACCESS TO PRESTASCAN
To access and use PrestaScan, You must have a computer or a smartphone and Internet access.
Access to PrestaScan can be done either directly from a dedicated URL or from a PWA mobile application.
Due to its nature, access to PrestaScan and its use requires you to enter various information as well as the URL of your store.
Article 4. FINANCIAL CONDITIONS
PrestaScan is offered free of charge, excluding subscription costs of the mobile telephone operator, excluding connection and Internet access costs, excluding any additional costs billed for loading data and excluding subscription costs to the additional services offered and carried out by Profileo or other third-party companies.
Article 5. INTELLECTUAL PROPERTY OF PRESTASCAN
All of the content of the application is subject to French, Community and international legislation on copyright and intellectual property. All reproduction and representation rights relating to PrestaScan are reserved by Profileo, including all graphic, iconographic and photographic representations, regardless of the territory of protection and whether these rights have been registered or not. The reproduction and/or representation of all or part of PrestaScan, whatever the medium, including all trade names, trademarks, logos, domain names and other distinctive signs, is strictly prohibited and constitutes an infringement punishable by the Code of Intellectual property.
Without prejudice to the provisions of article 5, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, authorization to operate granted directly or indirectly by Profileo for the benefit of the User on the application, its content and/or its operation.
Article 6. LICENSE OF USE
Profileo grants the User a personal right to use PrestaScan, the Content and the Services, which is non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for its own needs within the framework of the use of PrestaScan and of the Services, to the exclusion of any other purpose.
It is strictly forbidden for the User to access and/or use the source codes of PrestaScan and/or the software components of PrestaScan.
The User does not acquire any intellectual property rights over PrestaScan, the Content and/or the Services or any other rights than those granted herein.
The User undertakes
Article 7. OBLIGATIONS OF THE USER
The User expressly undertakes:
– to use PrestaScan on their equipment exclusively for professional use;
– not to reproduce PrestaScan permanently or temporarily, in whole or in part, by any means and in any form;
– not to use software or processes intended to copy the Content without the prior written authorization of Profileo;
– not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or "Reverse Engineering") of all or part of PrestaScan, the Services and /or Content;
– not to export PrestaScan, to merge all or part of PrestaScan with other computer programs;
– to expressly renounce the use of software or devices likely to disrupt the proper functioning of PrestaScan, nor to take any action likely to impose a disproportionate burden on Profileo's infrastructure;
– not to extract or reuse, including for private purposes, without the prior written authorization of Profileo, a substantial or non-substantial part of the content of the databases and archives created by PrestaScan;
– not to set up systems likely to hack PrestaScan and/or the Content in whole or in part, or likely to violate these T&Cs;
– to inform Profileo as soon as they become aware of an act of piracy and in particular of any illicit or non-contractual use of the service and/or the Content, regardless of the method of distribution;
– not to sell, rent, sublicense or distribute in any way PrestaScan and/or the Content to third parties.
– not to use PrestaScan for illicit activities
Article 8. PROTECTION OF PERSONAL AND TECHNICAL DATA
Any personal data relating to the e-commerce store likely to be collected as part of the use of PrestaScan will be processed and stored in accordance with Law No. 78-017 of January 6, 1978 relating to IT, Files and Modified Freedoms.
The refusal to provide certain personal data relating to the creation and management of the e-commerce store is likely to deprive you of access to certain Services.
Profileo reserves the right to use the data collected by the service provided by PrestaScan in order to offer solutions and services targeted to the needs of users.
In the event of communication of personal data, you have a right of direct access, rectification and opposition of the data which concern you. You can exercise it on simple request to [email protected]
Article 9. AVAILABILITY OF PRESTASCAN
Profileo undertakes to make its best efforts to secure access, consultation and use of the PrestaScan Services. PrestaScan is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of Profileo and subject to any breakdowns and maintenance interventions necessary for the proper functioning of PrestaScan. Maintenance interventions may be carried out without the Users having been notified in advance.
Profileo does not offer any guarantee of continuity of service and cannot be held liable in the event of temporary impossibility of accessing all or part of PrestaScan. No right to compensation is granted under this paragraph. Profileo reserves the right to cease, without notice, without compensation and at its sole discretion, permanently or temporarily, to provide all or part of the Service or PrestaScan functionalities.
Article 10. LIMITATION OF WARRANTY
Access to and use of PrestaScan is at the User's own risk.
PrestaScan and the software are provided "as is" and "as available" without warranty of any kind.
It is up to any User to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
The User declares to know and accept the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; issues related to network availability and congestion; problems related to network failure or saturation; issues related to transit time, access to information posted online, response times to view, view, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by any viruses circulating on said networks, etc. for which Profileo cannot be held liable.
Profileo cannot be held responsible for:
– in the event of a defect, loss, delay or error in the transmission of data that is beyond its control;
– sending messages and/or data to a false, incorrect or incomplete address;
– if data does not reach it, for any reason whatsoever, or if the data it receives is illegible or impossible to process;
– in the event that the User is unable to access or use the Site, PrestaScan and/or the Services for any reason whatsoever;
– if, for any reason, the connection should be interrupted.
– failure to respect the commitments of PrestaScan users to their customers
In addition, Profileo declines all responsibility in the event of misuse of the terminal and/or incident related to the use of the terminal when using PrestaScan. Profileo can in no way be held responsible for any damage, of any nature whatsoever, caused to Users, to their terminals, to their computer and telephone equipment and to the data stored therein, nor for the consequences that may result therefrom on their activity. personal, professional or commercial.
Article 11. CHANGES TO THE GENERAL CONDITIONS OF USE
The applicable T&Cs are those in force on the date of connection and use of the service by the User.
Profileo reserves the right to modify, at any time, all or part of the provisions of the T&Cs without notice or prior information to Users in order to adapt them to changes in the Services, technical, legal or jurisprudential developments or during the implementation new services.
Any changes made by Profileo to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to have been accepted without reservation by any User who accesses PrestaScan after said posting. Better still, Profileo therefore invites all Users to regularly consult the T&Cs.
Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.
ARTICLE 12. APPLICABLE LAW AND DISPUTES
These T&Cs are subject to French law. Jurisdiction in the event of a dispute, and in the absence of an amicable agreement between the parties, is given to the competent French courts of the city of Aix-en-Provence.
SECTION 13. CONTACT
You can address your questions or comments relating to these T&Cs to Profileo by writing to the following address: [email protected]