tos_user

Last Updated: August 29th, 2019

The General Conditions of Use are concluded between:

Prizle SAS, 8 rue du Pic Saint-Loup, 34160 BEAULIEU, with a capital of 19 968 €, registered with R.C.S. MONTPELLIER 834 187 387, registered as an intermediary in crowdfunding with ORIAS under number 18002769.

Hereinafter "Prizle" on the one hand;

And the client, a natural person acting for purposes that are not part of his professional activities,

hereinafter "the User" on the other hand;

Together referred to as "the Parties".

Warning

Prizle publishes a Solidarity Cashback Platform, allowing registered users to make Donations to Affiliated Associations, through the purchase of goods or services they make from Prizle's professional partners.

The Internet user wishing to create a profile on the Prizle website in order to use the services is invited to carefully read these terms of use before accepting them.
Any Internet user who accesses the site as a visitor acknowledges that the provisions of the general conditions of use relating to the availability of the site and the operation of the Site in general, to the intellectual property, to the means of communication, to customer service, to the applicable law and to the competent courts and to the privacy policy are fully opposable.


1. Subject
The present General Conditions of Use are intended to frame the terms of use of the Site and the provision of the Services, as described in Article 4. The Services are provided to Users free of charge.

2. Definitions
- Association: it designates every non profit organization or association affiliated to Prizle and that is able to be a beneficiary of a donation.
- Cashback: it designates the reduction or discount granted to the User by the e-commerce website on the prize of the asset or service acquired online by the user in the e-commerce website.

- TOS:it designates the current Terms of Service of Prizle’s Services.
- Donation:: it designates the donation manual agreed by the user in the Association. The amount of the donation is established from the amount of Cashback after the deduction of the fees.

- Identification Data: it designates the email address and the password required of the user and allowing them to access their profile.

- Personal space: it designates the environment appointed of the User on the website, to which it will connect through its Identification Data.

Prizle Donation Extension: means the browser extension developed by Prizle that can be installed by the User on his browser, provided that he uses a compatible browser. The list of compatible browsers is available on the Site.
- Cost: means the operating costs of the Services invoiced by Prizle to the User and deducted from the Cashback.
- Internet User: means any natural person navigating on the Site as a visitor.
- E-commerce website: means any market place or any professional seller of goods or services partner of Prizle.
- Web Browser: means the computer software allowing access to the Internet and used by the User to connect to the Prizle Website and make purchases online on the Platform of a Merchant Partner.
- Platform: means the website operated by an e-commerce site through which it carries on its business of selling goods or providing services.
- Profile: means the User's dedicated environment on the Site to which he connects by means of his Identification Data.
- Representative: it designates the Association President or any other physical person entitled by the statutes for representing her.

- Services: designate all the services provided by Prizle to the User, as described in Article 4 of this document.
- User service: means the customer support whose contact details are indicated in article 13 of this document.
- Site: means the website published by Prizle, accessible by means of a computer or mobile device (tablet or smartphone) with internet access.
- User: it designates every physical person registered on the Prizle website and being able to beneficiate the Association with funds generated by their purchases at the partner e-commerce sites.

3. User Registration
Any Internet user wishing to become a User of the Services provided by Prizle must create a Profile on the Site. To this end, the Internet user completes the subscription form by filling in the information requested. In particular, he must indicate an email address and set a password. The User is then invited to accept these Terms of Use, as well as the Privacy Policy, through a checkbox process. These TOS are downloadable in PDF format by clicking on the link available at the end of this document.

By validating the Terms, the Internet user declares:

That he is 18 years old or older and capable;
That he acts on his own account.
The email address and the password of the User constitute his Identification Data. The User agrees to provide a valid email address and of which he is the holder. The User may at any time change his password in the corresponding section of his Profile.

The User undertakes to keep the confidentiality of his password and not to communicate to a third party his Identification Data. All connections to the Profile using the Identifying Data will be deemed to be made by the User. Prizle can not be held responsible for access to the Profile by a third party using the Identification Data.

4. Services Description
4.1. Services Presentation
Prizle publishes a Website allowing Partner Associations to receive Donations, generated when a User makes a purchase on the Platform of a Partner e-commerce site.

The e-commerce site, during a purchase, grants the User a Cashback on the amount of the purchase price of the good or service under the conditions described in article 4.2 below. The User expressly waives the cashback to be paid to him. He agrees that the e-commerce site pay the Cashback amount directly to Prizle and he awards Prizle to then pay his Donation to the Beneficiary Association he has selected.

Prizle thus provides the following services:

- Connecting Users with Partner e-commerce sites;
- Provision of a technical solution allowing the User to be identified by the e-commerce sites and thus be awarded a Cashback;
- Management of the Prizle Profile.

4.2. Conditions for obtaining a Cashback
4.2.1. Eligibility of a Cashback Purchase

The assets and and services purchased that may trigger the allocation of a Cashback are exclusively determined by the selling e-commerce site, according to the applicable commercial conditions.
In order for the eligible purchases made by the User to actually result in Cashback being obtained, the User must have finalized the registration process and his Profile must have been validated by Prizle;
It is necessary that the User, when making a purchase, be identified by the Merchant Platform as a user of Prizle. For this purpose, the User has two possibilities: Either he accesses the Merchant Platform by clicking on the link available from his Private Profile; Either he has previously installed the Prizle Extension on his Browser, which allows the Platform to identify it. The procedures for installing the Prizle Gift Tool are detailed in Article 4.2.2 of this document.

The User's browser must be set to accept cookies, in order to trace the transaction. The User can consult the privacy policy, including the provisions relating to cookies by clicking here.

In addition, the User must not have installed advertising blockers such as Ad Blocker, AdBlock, Adblock Plus, etc. Prizle can not be held responsible if no Cashback has been granted by the e-commerce site, because of the impossibility to trace the transaction because of cookies settings not compatible with the provision of Services or because of the installation of blockers advertising.

If the User notices an error affecting a Cashback, he is invited to contact the User Service in accordance with Article 13 of this document.

4.2.2. Installation of the Prizle Donation Extension on a Web Browser
To install the the Prizle Donation Extension on a Web Browser, the user the User must access the Prizle Site from a compatible Browser (the list of which is available on the Site) and click on the link to download the File from the Donation Extension Tool.

4.3. Amount of Cashback and Donations
The amount of the Cashback is exclusively set by the e-commerce sites. In no case is Prizle involved in determining the amount of Cashback.
The amount of the Donation assigned to the Association corresponds to the amount of Cashback allocated to the User, after deduction of the Prizle Fee.
The amount of the Donation assigned to the Association is always indicated to the User, either on the Prizle Site in the "e-commerce sites" tab or in the Donation Extension Toolbar during the visit on the e-commerce site. The User is informed that the Prizle Fee is 30% of the value of the Cashback.

4.4. Events that may affect Donation
The allocation of the Gift to the designated Association is subjected to the actual payment by the e-commerce site of the Cashbacks granted.
The User acknowledges that he is doing his business with his relationship with the e-commerce site. In case of refund, dispute payment or exercise of its right of withdrawal, the User is informed that Prizle will cancel the Donation on instruction of the e-commerce site.
The User acknowledges that the e-commerce site retains the freedom to pay the Cashback or not, or to request a refund from Prizle. In this case, Prizle will refund the amount of the Cashback to the e-commerce site and draw all the necessary consequences in his relations with the Associations.
In addition, the User is informed that in exceptional cases, Donations generated by his purchases can not be paid to the Association he has designated. This is particularly the case when:

Prizle is unable to retrieve the tax identification number of the Association;
The Association is in breach of its contractual obligations with regard to Prizle;
The Association is removed from the list of Associations affiliated to Prizle.

When the Donation can not be paid to the Association selected by the User, the latter expressly agrees that the Donation generated by his purchase is attributed to another Association, in accordance with the provisions of article 4.5.

4.5. Management of Beneficiary Associations
Prior to any purchase on the Platform of a Partner e-commerce site, the User must select a Beneficiary Association. Otherwise, no Cashback can be granted by the e-commerce site.
The User selects in his Profile the Association to which he wishes his Donations to be donated. The list of Associations affiliated to Prizle is available on the Site. The User can only select one Beneficiary Association at a time.
However, in the event that Prizle finds itself unable to pay the User's Donations to the Association he has selected, the User expressly mandates Prizle to choose another Beneficiary Association. Prizle commits to make its best efforts to choose an Association that shares equivalent values ​​or defends causes similar to those of the Association that has been selected by the User in his Profile.

4.6. Reporting
The User has in his Profile a history of Donations that have been paid to Associations of his choice, through his purchases from Merchants partners. He may also receive such a history by email. The User is invited to check the consistency of this history with the purchases he has actually made and to contact the User Service if he finds an error. The details of the User Service are indicated in Article 13 of this document.
The deadline for posting the Donation in the Personal Space varies according to the e-commerce site from whom he made the purchase. If the User finds that the Donation does not appear in his profile after a period of fifteen (15) working days from its payment, he is invited to contact the User Service.

5. Modification of the TOS
The current version of the Terms is the one published on the Site. It is downloadable in PDF format at any time by clicking on the link available at the end of this document.
The last modification date of the TOS is indicated at the beginning of this document.

6. Blockage of the Profile
The Partner reserves the right to block the User's Profile in the following cases:
Loss or misappropriation of Identification Data;
Suspicion of the use of the Profile by a third party;
Provision of inaccurate or incomplete information;
Failure to maintain up-to-date Profile information;

In case of blocking of his Profile, the User is invited to contact the Customer Service at the coordinates indicated in article 13. In the absence of consensus between the User and Prizle, or if the User has not manifested to Prizle within one (1) month from the blocking, Prizle will terminate the T & C and proceed to the definitive closure of the Profile.

7. Duration and Termination
The TOS are concluded for an indefinite period.
The user may terminate the Terms by sending an email to the User Service at support@prizle.com. Prizle will confirm to the User the closure of his Profile by email.
Prizle reserves the right to terminate the TOS by any means, in case of:
Failure of the User to his obligations listed in this document;
Fraudulent, misappropriated or malicious use of the Services in particular, creation of multiple accounts for the same person, maneuvers resulting in unjustified earnings, including the establishment of automation systems, simulation of canceled or unpaid purchases;
Failure of the User to his obligations listed in this document;
Legislative or regulatory development, or any decision of an administrative authority, substantially affecting Prizle's ability to provide the Services;
Death of the User;
Stop of his activity by Prizle;

Profile considered inactive. The User Profile is considered inactive if the User has not made purchases from Partner Merchants for thirty-six (36) months.
Termination of the TOS shall take effect upon receipt of the notification by the User. The User Profile will be immediately closed.

8. Responsability
Prizle's liability may be incurred only in the event of direct damage suffered by the User as a result of Prizle's breach of its contractual obligations listed in this document. Prizle can not be held responsible for any indirect damage, such as loss of profit, loss of opportunity, commercial or financial prejudice.

Prizle is not liable in case of force majeure as defined by Article 1218 of the Civil Code and the French courts.In particular, the responsibility of Prizle can not be engaged in case of fire, flood, interruption of the supply of energy, raw materials or spare parts, computer virus, illegal intrusion in its information system, as well as in the event of total or partial strikes of any kind impeding the smooth running of the company, such as transport strikes, postal services (the latter may be useful for goods delivery activities).

The occurrence of a case of force majeure has the effect of suspending the performance of Prizle's contractual obligations.

To access Prizle Services, the User acknowledges that he must have internet access. The User is aware of the random nature of the reliability of the Internet network and telecommunications infrastructure. Prizle can not be held responsible in case of impossibility for the User to access the Site due to breakdowns or saturation of the Internet networks. The User is responsible for the electronic equipment that he uses to access the Site. It is his responsibility to protect his equipment against viruses or any attempt of intrusion.

Prizle is uninvolved with any commercial relationship between the User and a Partner e-commerce site. In the event of a dispute relating to a purchase made from an e-commerce site, the User must contact the site directly.

The User accepts his responsibility towards Prizle in the event of unlawful use or fraudulent misuse of the Services.

9. Availability of the Site and Services
Prizle implements all necessary means to ensure the availability of the Site and access to the Services seven days a week and twenty-four hours a day. However, Prizle declines all responsibility in case of temporary inability to access the Site and Services, or to use the Donation Tool, due to technical problems, breakdowns or malfunctions, regardless of their origin. The User is informed that the Site and the Donation Tool may notably be inaccessible on an ad hoc basis for reasons of maintenance.

10. Protection of personal data
"Personal data" means any information relating to the User, as long as the data makes it possible to identify it, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number , location data, an online identifier, or one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity.

As part of this agreement, Prizle acts as Data Controller. Prizle commits to apply the applicable provisions relating to the protection of personal data of natural persons. It commits under the same conditions to enforce the provisions applicable to all of its subcontractors.

The collection of Personal Data is necessary for the conclusion of the TOS and provision of the Services. If the User refuses to provide the Personal Data required, the Establishment may refuse to finalize the registration process of an Internet User or terminate the TOS.

The User is informed that the Personal Data are processed for the purposes of the following purposes: subscription to Services, Profile management, provision of Services, statistical studies, [to be completed]. The recipients of the Data collected are the technical teams and Prizle Customer Service.

Personal Data lasts for the duration of the contractual relationship. However, the Personal Data may be retained after the end of the termination of the contractual relationship in case of legal or regulatory obligations imposing a specific retention period, or for reasons of proof and traceability of Donations.

Prizle only uses subcontractors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures to protect the rights of the User. Prizle communicates on request the details of the subcontractors involved in the processing of Personal Data as well as the countries where these providers are established.

The User is informed that he has the following rights on his Personal Data: right of access, right of opposition and right of rectification.

To exercise his rights, the User must contact Prizle at the following coordinates support@prizle.com. Prizle may require the User to provide a valid official identity document to confirm his identity.

11. Intellectual Property
The trademarks, logos, signs and other content of the Site are protected by copyright within the meaning of Article L112-1 of the Code of Intellectual Property.

The User agrees to use the contents of the site in a strictly private setting. Any total or partial representation, copy, reproduction, distribution, sale, publication, exploitation of the Site without the express authorization of Prizle within the meaning of Article L. 122-4 of the Code of Intellectual Property is prohibited and would be constitutive of a counterfeit.

Use of the contents for commercial purposes is strictly forbidden without the prior consent of Prizle. The User may request an authorization by sending a request to the User Service at the address indicated in Article 13. Prizle reserves a period of twenty-one (21) days to respond. In the absence of a response from him, the User must consider his request as refused.

Registration at Prizle does not confer any rights of ownership on the content of the Site and does not constitute an assignment of intellectual property to its benefit within the meaning of the French Intellectual Property Code.

The Site integrates a database produced by Prizle and made available by him. The User is prohibited from proceeding to:
Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the database to another medium, by any means and in any form whatsoever;
Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, whatever its form;
Repeated extraction or reuse of the database contents when these operations clearly exceed normal database usage conditions.

12. Proof
The information system of Prizle ensures the traceability of the use of the Services by the User (connection to the Profile, history of Donations paid, selection of the Beneficiary Association, redirection to the Platform of a partner, etc.).
In the event of a complaint relating to the use of the Services, the User accepts that the recordings made by Prizle's information system have probative value, unless otherwise stated.

13. User Service and Communications
For any request for information on the functioning of the Site or the Services, the User is invited to contact the Customer Service via the contact form available on the Site or at the following coordinates: support@prizle.com.

Prizle will respond as soon as possible to requests for information.

The User expressly agrees that, as part of the execution of this Agreement, Prizle communicates with him electronically, in particular via his Profile or by means of the email address entered during the registration of the User.

The language of these Terms is English.

14. Complaints
For any complaint, the User can contact the User Service by sending an email to the following address: support@prizle.com. The User is informed that he must make one complaint per order.
Any claim must be made no earlier than five (5) days after the act of purchase in question, and no later than forty-five (45) days after the said purchase. Outside these deadlines, no claim can be made.
The claim must only concern Prizle Services. Claims relating to purchases made on Partner Merchant Platforms must be sent directly to them. No claim will be accepted if a hypertext link indicated on the Site does not redirect the User to a Platform or if it is temporarily unavailable.
Prizle will make every effort to process the complaint within fifteen (15) days after receipt and provide a response to the said complaint within sixty (60) days after the date of processing. The treatment of claims by Prizle constitutes an obligation of means.

15. Independence of stipulations
The invalidity or invalidity of one of the stipulations of these TOS does not affect the validity of the other stipulations.

16. Applicable law and jurisdiction
These TOS are subject to French law. In case of dispute, only the French courts will be competent.

To download these TOS in PDF format, you can click on this link.