Terms of use

Version: 20 October 2015

Prologue

These terms govern the conditions of use of our websites (e.g:ferpection.com) and its smartphone applications (collectively "Sites") owned by Ferpection SAS ("Ferpection") by any user ("User") in order to allow the Users to provide/download specific information, comments, screenshots or other (together the "Data") to Ferpection further the acceptance of a mission.

The TOS are made available to Users on the Site and can also be communicated upon request.

Each User shall declare having read and accepted the TOS before entering into a mission. The applicable TOS are those displayed on the Site.

The fact that Ferpection does not avail itself, at a given moment, of one of the provisions of the TOS, shall not be construed as a waiver.

Article 1 - Conditions of registration and User’s account

To use the Site and complete a mission provided on the Site, each User shall register and create a User account.

A User shall be either a natural person aged over 18 years old or a legal person. If a natural person, it shall at least be registered in France as a “self-entrepreneur” or have a special status allowing the performance of the missions proposed by Ferpection. If the User is resident abroad, such User shall ensure that his/her status is consistent with the one required by Ferpection. For any questions about your status, please contact Ferpection by email at [email protected].

For the purpose of the opening of a User account, each User shall provide personal information about his/her identity such as (i) for a natural person: surname, name, email address, date of birth and Siret number and (ii) for a legal person: company name, registered office, registration number, and provide, as soon as possible, a K-bis excerpt dating less than 3 months, an URSSAF certificate, and a sworn statement indicating that the Data will be collected by employees regularly employed pursuant to articles L.1221-10 and seq. L.3243-1 and seq. and R.3243-3 and seq. of the French Labor Code. Otherwise, the User account shall not be open. The use of Users personal data is governed by Article 8 of the GCU.

The User shall declare being the owner of a PayPal account.

Any User who does not fulfil the conditions hereof shall not be authorized to enter into a mission. Ferpection reserves the right to suspend or terminate the account of any User.

The User acknowledges and agrees to keep confidential his/her username and password allowing access to his/her account. The username and the password are personal and should not be shared or transferred to any person or entity in any form whatsoever without the prior written consent of Ferpection.

The User is solely responsible for his/her account.

Article 2 – Missions

The missions are available and displayed on the Site. The missions are regularly updated and Ferpection reserves the right to modify them at any time.

User shall comply with specific criteria provided in each mission. The non compliance with any of these criteria will void the mission.

Each mission contains at least (i) a description of the website(s) to visit, (ii) the questions that the User shall answer by logging on the website(s), (iii) the Data to collect and to transfer to Ferpection, (iv) the timetable for the completion of the mission and (v) the amount in euro for the User having properly completed the mission.

During a mission, Users shall not be required to purchase and pay any products on a website unless specific instructions and payment code are provided in advance by Ferpection to the User. Ferpection can not be held liable for the purchase by a User of a product made in contradiction with the terms and conditions of a mission.

Some missions are only accessible to confirmed Users who have made several missions such as "senior" Users or "experts" Users. We invite you to be part of these expert Users in order to access a larger number of missions.

Article 3 – Conduct of a mission

Upon selection of a mission, the User shall log in to the website specified in the mission, perform a series of tests on such website, answer specific questions and comment his/her experience within a specific timetable.

Ferpection shall assist each User during his/her first mission to ensure that he/she properly achieve the selected mission.

User shall then transfer the Data to Ferpection following the instructions provided on the mission and on the Site. All information communicated for the test or related to the test remains confidential. The User commits to keep the information confidential and not to disclose it without prior agreement from Ferpection. The User will delete any tested applications that is not yet publicly available on application stores.

User agrees to transfer to Ferpection Data which are free of any right and for which the User is the sole owner.

Ferpection shall review the Data within 5 days in order to validate or reject them. Ferpection reserves the right to reject any Data which does not comply with the instructions provided in the mission. Any rejection shall be notified to the User by email and invalidates the mission and its payment. Such User may however resume his/her mission and provide updated Data to Ferpection.

Each User expressly acknowledges transferring to Ferpection all rights on the Data upon the transfer/download of the Data to Ferpection.

The validation of the mission shall be notified to the User by email and the User account shall be instantly credited with an amount in euro corresponding to the one provided in the mission.

Article 4 – Invoice and Payment

Missions properly performed by each User and validated by Ferpection shall entitle the User to receive the amount in euro pertaining to the relevant mission.

The User shall send an invoice to Ferpection for each mission properly performed and validated by Ferpection. Each invoice shall be issued within 30 days of the validation by Ferpection of a mission.

Invoices shall be sent by email to the address indicated by Ferpection.

The amount appearing on each invoice shall correspond to the amount specified in each corresponding mission.

The amounts are gross, VAT included, the User being personally responsible of any payment of charge or tax.

Payment by Ferpection shall be made through the relevant User PayPal’s account as soon as the User’s account reaches 25 euro and invoices have been issued.

If a User’s account remains below 25 euro over a period of at least 3 months, Ferpection undertakes to proceed with its payment to the User PayPal’s account upon reception of the invoices.

In case of incorrect PayPal username and password, the User shall be notified by email in order to regularize the PayPal information. A deduction of 3 euros for management fees will be applied.

Article 5 - Relationship between the parties

Ferpection, on the one hand, and the Users on the other hand, are independent parties, each of them acting in its own name and on its own behalf, subject to the provisions of the TOS.

The TOS do not create any subordination, or joint venture, or employer/employee, or franchiser/franchisee, relationship between Ferpection and the Users. The Users accept the missions independently and are free in the performance/completion of the Data.

Article 6 - Responsibility

Ferpection reserves the right at any time to modify or discontinue its Site and its missions without engaging its responsibility.

The User shall have the skills and the equipment required to carry out the missions. Ferpection shall not be held responsible for any malfunction of its Site and on the websites pertaining to the missions.

The User agrees, by using the Site and by carrying out the missions, that all the risks and characteristics of Internet use, especially transmission delays, technical errors and hacking risks. Ferpection shall not be responsible for phone costs and/or costs of Data transmission and/or other information downloaded.

Ferpection assumes no responsibility for any damage that may be caused to the hardware of the Users.

Ferpection shall not be held responsible for the failure to execute a mission by fault of a third party, in the event of force majeure as defined by French courts, and in general all external events not allowing the proper performance of the mission.

Article 7 - Intellectual Property Rights

All the information on the Site and on the websites designated by the missions is protected by French law on copyright, publicity law and/or trademark law. You shall not, under any circumstances, use, distribute, copy, reproduce, modify, alter or transmit the Site the website or parts of them without the prior written permission of Ferpection.

No right or license shall be granted for any of these elements without the express written permission of Ferpection. Ferpection reserves the right to pursue any action for infringement of its intellectual property rights.

Article 8 - Personal data

Ferpection undertakes to protect the personal data provided by the Users during the registration and/or obtained by any means later after. The files containing personal data have been declared to the CNIL. Ferpection undertakes to not distribute and/or sale any of its Users personal data.

In accordance with Law No. 78-17 of 6 January 1978 as amended by Law No. 2004-801 of 6 August 2004 called "Data Protection", subject to proof of identity, any User, regardless of the nationality, has the right to request that its personal data be rectified, completed, updated, blocked or erased if such data are inaccurate, incomplete, misleading, outdated, or if the collection, use, communication or storage of these data is prohibited.

Article 9 - Hyperlinks - Cookies

Ferpection may provide links from its Site to other sites of the same group or independent sites. These independent sites are not edited or controlled by Ferpection and do not constitute in any way an endorsement or partnership. Ferpection can not therefore be held responsible of their content, products, adds or any elements or services presented on these sites.

In order to make the access to the Site and the missions easier and faster, we recommend Users to accept cookies. The cookies designate a text file stored by the web browser on the RAM of the User. When a User, after logging out, returns on the Site, his/her username shall be automatically sent by cookies. The Site uses for its proper functioning, temporary cookies and requires acceptance by the User. If the User's browser is configured to refuse access to these temporary cookies, the missions may be altered or rendered impossible.

Article 10 - Applicable Law - Litigation

All contractual provisions defined above are governed by French law. Any disputes relating to the TOS are under the exclusive jurisdiction of the Paris Commercial Court in France.