The purpose of these general conditions is to define the terms and conditions for the use of the services proposed on the site (hereafter: the « Services »), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the site's home page.
They are valid for the sites www.butrfly.com and www.aupairbutrfly.com and www.aupairtrainingfrance.com.
2. Operator of the Services
The Services are operated by the company BUTRFLY, SAS with variable capital, registered in the RCS of Bayonne under No. 835272139, whose registered office is located 34 rue de Machelon 64200 BIARRITZ (hereinafter: « Company »).
Intra-Community VAT No. (in progress)
BUTRFLY can be contacted at the following coordinates:
Postal address: 34 rue de Machelon 64200 BIARRITZ, FRANCE
E-mail address: firstname.lastname@example.org, email@example.com
Director of publication: Manuela CHANFREAU
This website is hosted by: OVH SAS, a simplified share company with a capital of 10 069 020 € having its registered office at 2 rue Kellermann-59100 Roubaix-France, registered under the number RCS Lille Métropole 424 761 419 00045 VAT N °: FR 22 424 761 419
3. Access to the site and Services
The Services are accessible, subject to the restrictions provided on the site:
- any natural person having full legal capacity to commit themselves under these general conditions. The natural person who does not have full legal capacity can access the Site and the Services only with the consent of his legal representative.
4. Acceptance of the general conditions
Acceptance of these general terms and conditions is materialized by a check box in the registration form. This acceptance can only be full and complete. Any subject membership is considered null and void. The user who does not agree to be bound by these general conditions shall not use the Services.
5. Inscription on the site
5.1 The use of the Services requires the user to register on the site, by filling in the form provided for this purpose. The user must provide all the information marked as mandatory. Incomplete registration will not be validated.
Registration automatically causes an account to be opened on behalf of the user (the « account »), giving it access to a personal space (« My Account ») which allows it to manage its use of the Services in a form and according to the Technical means that BUTRFLY deems most appropriate to make such Services.
The user guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted by any misleading character.
He undertakes to update this information in his account in the event of modifications, so that they always correspond to the aforementioned criteria.
The user is informed and accepts that the information entered for the purpose of creating or updating his account will prove his identity. The information entered by the user commits it as soon as they are validated.
5.2 The user can access his account at any time after having identified himself using his login ID and his password.
The user undertakes to personally use the Services and does not allow any third parties to use them in his place or on his behalf except to bear the full responsibility.
He is equally responsible for maintaining the confidentiality of his username and password. He shall immediately contact BUTRFLY at the coordinates mentioned in article 2 hereof if he notices that his account has been used without his knowledge. It recognizes the right of BUTRFLY to take all appropriate measures in such cases.
6. Description of Services
The user has access to the Services described on the site in a form and according to the technical features and means that BUTRFLY deems most appropriate.
7. Pay Services
7 1 Title
The price of the Services is indicated on the site.
Unless otherwise stated, they shall be expressed in euros and all French taxes included.
BUTRFLY reserves the right, at its own discretion and on such terms as it will be the sole judge, to offer promotional offers or price reductions.
7.2 Price review
The price of Services may be subject to review by BUTRFLY at any time, at its discretion.
The Services are the subject of invoices that are communicated to the user by any useful means.
7.4 Terms of payment
The terms of payment of the price of the Services are described on the site.
The payment is made by automatic debit from the user's credit card number.
The levy is carried out by the designated payment provider on the stripe site, which alone retains the user's bank details for this purpose. BUTRFLY does not retain any bank coordinates.
The user guarantees to BUTRFLY that he has the necessary permissions to use the chosen method of payment. It is committed to taking the necessary measures so that the automatic collection of the price of Services can be carried out if necessary.
8. Obligations of the user
Without prejudice to the other obligations provided herein, the user agrees to abide by the following obligations:
8.1 The user acknowledges the knowledge on the site of the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
8.2 The user agrees to make a strictly personal use of the Services. It is therefore prohibited to assign, grant or transfer all or part of its rights or obligations hereunder to a third party in any manner whatsoever.
8.3 The user agrees to provide BUTRFLY with all the information necessary for the proper execution of the Services. More generally, the user undertakes to cooperate actively with BUTRFLY with a view to the proper execution of the present.
8.4 The user is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image that may be chosen by the user to identify it on the site) which it disseminates in the Services Framework (hereafter referred to as « contents »).
It guarantees to BUTRFLY that it has all the rights and authorisations necessary for the dissemination of these contents.
It undertakes to ensure that such content is lawful, does not affect public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not likely to To put into play the civil or criminal liability of BUTRFLY.
8.5 The user shall take the necessary measures to safeguard the information of his account which he deems necessary, of which no copy shall be provided to him by his own means.
8.6 The user is informed and accepts that the implementation of the services requires that he be connected to the Internet and that the quality of the services depends directly on this connection, of which he is solely responsible.
9. User's warranty
The user warrants BUTRFLY against any complaints, claims, actions and/or claims that BUTRFLY may incur as a result of the user's breach of any of its obligations or warranties under these General terms and conditions.
He undertakes to compensate BUTRFLY for any harm that he would incur and to pay him any costs, charges and/or convictions that she may have to bear.
10. Prohibited Behaviours
10.1 It is strictly prohibited to use the Services for the following purposes:
- The exercise of illegal, fraudulent or infringing rights or security of third parties, - the breach of public order or the violation of the laws and regulations in force, - the intrusion into the computer system of a third party or any activities of Nature to harm, control, interfere, or intercept any or all of the computer system of a third party, violate its integrity or security, - the sending of unsolicited emails and/or commercial prospecting or solicitation, - the manipulations intended to Improve the referencing of a third-party site, - assistance or incitement in any form or manner whatsoever to one or more of the acts and activities described above, - and more generally any practice diverting Services for purposes other than The ones they were designed for.
10.2 It is strictly forbidden for users to copy and/or divert to their purposes or to those of third parties the concept, technologies or any other element of the BUTRFLY site.
10.3 are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent continuity of Services, (ii) any intrusions or intrusion attempts in BUTRFLY systems, (iii) any misappropriation of Site system resources, (iv) any actions such as to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of security and authentication measures, (vi) any acts likely to impair the rights and Financial, commercial or moral interests of BUTRFLY or users of its site, and finally more generally (vii) any failure to comply with these general conditions.
10.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as to the information that is hosted and/or shared therein.
11. Liability and guarantee of BUTRFLY
11.1 BUTRFLY undertakes to provide the Services diligently and according to the rules of the art, being made clear that it weighs on it an obligation of means, excluding any obligation of result, which the users expressly acknowledge and accept.
11.2 BUTRFLY declines all responsibility for any loss of the information available in the user's account, the latter having to save a copy and cannot claim any compensation for it.
11.3 BUTRFLY undertakes to conduct regular checks in order to verify the functioning and accessibility of the site. As such, BUTRFLY reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, BUTRFLY cannot be held responsible for the momentary difficulties or impossibilities of access to the site which would have the origin of circumstances outside it, force majeure, or which would be due to disturbances of the networks of Telecommunications.
11.4 BUTRFLY does not guarantee users (i) that services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults, (ii) that the services, being standard and In no way proposed for the sole purpose of a given user according to his own personal constraints, will specifically meet his needs and expectations.
11.5 In any event, the liability liable to be incurred by BUTRFLY hereunder is expressly limited to the only direct damage suffered by the user.
12. Intellectual Property
The databases and content of all kinds (texts, images, etc...) operated by BUTRFLY within the site are protected by any intellectual property rights or rights of the producers of databases in force. All Disassemblys, Decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of BUTRFLY are strictly prohibited and will be subject to legal action.
13. Personal Data
BUTRFLY practices a policy of protecting personal data. These data are used by BUTRFLY to carry out its service and are registered with the CNIL under No. 2155499 v 0
14. Links and third party sites
In no event shall BUTRFLY be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the user would access via the site.
15. Duration of Services, unsubscribe
The services are subscribed for the contractual duration of the service and failing for a limited duration of 6 months.
The user may unsubscribe from the Services at any time, by sending a request to BUTRFLY by email, at the coordinates mentioned in article 2.
Unsubscribe is effective immediately. It causes the user's account to be automatically deleted.
BUTRFLY reserves the right to modify the present general conditions at any time.
The user will be informed of these changes by any useful means.
The user who does not accept the amended general conditions must unsubscribe from the Services in accordance with the terms laid down in article 18.
Any user who uses the Services after the coming into force of the amended General Conditions shall be deemed to have accepted these changes.
In the event of a translation of these general conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute over the meaning of a term or provision.
18. Applicable law and jurisdiction
The present general conditions are governed by the French law.
In the event of a dispute over the validity, interpretation and/or performance of these general conditions, the parties agree that the Bayonne courts shall be solely competent to judge, except in the case of mandatory rules of Procedure contrary.
20. Management of personal data
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Regulation on Data Protection (RGPD: No. 2016-679).
20.1 Responsible for the collection of personal data
For the Personal Data collected as part of the creation of the User's personal account and its navigation on the Site, the Person in charge of processing Personal Data is: BUTRFLY. https: //www.aupairbutrfly.com is represented by Manuela Chanfreau, its legal representative.
As responsible for the processing of the data it collects, https://www.aupairbutrfly.com undertakes to comply with the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, complete information on the processing of their personal data and maintain a record of treatments in line with reality.
20.2 Purpose of the data collected
https://www.aupairbutrfly.com may process all or part of the data :
to enable navigation on the Site and the management and traceability of services and services ordered by the user: login and use of the Site, invoicing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking ...): computer hardware used for navigation, IP address, password (hash)
to conduct optional satisfaction surveys on https://www.aupairbutrfly.com: email address
to carry out communication campaigns (sms, mail): phone number, email address
https://www.aupairbutrfly.com does not commercialize your personal data which is therefore only used by necessity or for statistical purposes and analyzes.
20.3 Right of access, rectification and opposition
In accordance with the European regulations in force, the Users of https://www.aupairbutrfly.com have the rights of access, rectification and opposition stipulated in the RGPD.
If the User wishes to know how https://www.aupairbutrfly.com uses his Personal Data, request to correct or oppose their treatment, the User may contact https://www.aupairbutrfly.com in writing to the next address :
BUTRFLY - DPO, BUTRFLY 34 rue de Machelon 64200 BIARRITZ.
20.4 Non-disclosure of personal data
https://www.aupairbutrfly.com is prohibited from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as 'unsuitable' by the European Commission without first informing the customer. However, https://www.aupairbutrfly.com remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: n 2016-679).
The Personal Data of the User may be processed by subsidiaries of https://www.aupairbutrfly.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
21. Incident Notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can not therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action.
No personal information of the user of the site https://www.aupairbutrfly.com is published without the knowledge of the user, exchanged, transferred, assigned or sold to any support to others.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https: //www.aupairbutrfly.com uses networks protected by standard devices such as firewall, pseudonymization, encryption and password.
22. Hypertext links 'cookies' and tags ('tags') internet
The https://www.aupairbutrfly.com site contains a number of hypertext links to other sites, set up with the permission of https://www.aupairbutrfly.com. However, https://www.aupairbutrfly.com does not have the opportunity to check the content of the sites visited, and therefore assumes no liability for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A 'cookie' is a small information file sent to the User's browser and stored in the User's terminal (eg computer, smartphone), (hereinafter 'Cookies'). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.
https://www.aupairbutrfly.com may process the User's information about his visit to the Site, such as the pages viewed, searches performed. This information allows https://www.aupairbutrfly.com to improve the content of the Site, the navigation of the User.
Cookies facilitating the navigation and / or the provision of the services offered by the Site, the User can configure his browser to enable him to decide whether or not he wishes to accept them so that Cookies are registered in the Website. the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are offered to him punctually, before a Cookie is likely to be registered in his terminal. https://www.aupairbutrfly.com informs the User that, in this case, it may be that the functionality of its browser software is not all available.
If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when https://www.aupairbutrfly.com or one of its service providers can not recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display or the country from which the terminal appears to be connected to the Internet.
If applicable, https://www.aupairbutrfly.com declines any responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by https://www.aupairbutrfly.com, resulting (i) from the refusal of Cookies by the User (ii) the impossibility to https://www.aupairbutrfly.com to record or consult the Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.
At any time, the User can make the choice to express and modify his wishes regarding Cookies. https: //www.aupairbutrfly.com may also use the services of external providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons dedicated to Twitter, Facebook, Linkedin and Google Plus social networks appearing on the https://www.aupairbutrfly.com website or in its mobile application and if the user has accepted the deposit of cookies in continuing to browse the Website or the mobile application https://www.aupairbutrfly.com, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only deposited on your devices if you consent to them, by continuing your navigation on the Website or the mobile application of https://www.aupairbutrfly.com. At any time, the User may nevertheless reconsider his consent to https://www.aupairbutrfly.com filing this type of cookies.
22.2 TAGS ('TAGS') INTERNET
https://www.aupairbutrfly.com may occasionally use Internet tags (also called 'tags', or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them by the intermediary of a specialist web analysis partner likely to be located (and therefore to store the corresponding information, including the IP address of the User) in a foreign country.
These tags are placed both in online advertisements allowing users to access the Site, and on the various pages of it.
This technology allows https://www.aupairbutrfly.com to evaluate visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information accessed), as well as that the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site to the attention of https://www.aupairbutrfly.com, and provide other services related to the use of it and the Internet.
23. Entry into force
The present general conditions entered into force on 01/02/2018.