GENERAL CONDITIONS OF USE
Article 1. FOREWORD
- This www.panel-institut.com site is produced by Canal Mail, Limited company with capital of 50
000 euros, registered with the Paris Register of Commerce and Companies under number RCS
453 948 093, headquartered at 109 rue Montmartre 75002 Paris France.
Article 2. DEFINITIONS
- The terms defined below will have the following meaning between parties:
- - « platform » : structure set up by Canal Mail and accessible online at the address
- - « member » : user designated on the platform, holder of an account on the platform,
liable to use the platform after accepting the general conditions of use of the platform and confirming enrollment by audiotel, wishing to receive paid tests, surveys and advertising.
- - « member space » : platform space reserved for members.
- - « user » : any person declare to be major using the platform,
whether simple visitor or member.
- - « Partner advertiser » : advertiser publishing business offers on the website www.panel-
Article 3. SCOPE
These General conditions of use are designed for the following purposes:
- - to define the conditions of access and use of the platform and the services it proposes;
- - to specify the framework of relations between the users and the platform;
- - to formalize the consent of the member to receive paid tests, surveys and advertising via the online communication service.
Article 4. CONTRACTUAL DOCUMENTS
The contractual documents required of the users are:
In the event of a contradiction between documents of different types or different rankings, it is expressly agreed between the parties that the provisions of the higher ranking document will prevail for obligations involving conflicting interpretation. In the event of contradiction between the terms of documents of the same types, the latest documents will prevail over the all the documents.
Ranking criteria will be applied according to the following principles:
- - these general conditions of use;
- - where applicable, the special conditions concerning the services accessible on the platform.
- - obligation by obligation ;
- - or otherwise paragraph by paragraph;
- - or otherwise article by article.
Article 5. ACCEPTANCE OF GENERAL CONDITIONS
Users only benefit from the services proposed to them on the platform if they have accepted the following general conditions.
Users confirm that they have obtained all the necessary information regarding the proposed services from Canal Mail and agree unreservedly to the present general conditions of use.
Users recognize that the use of the platform requires compliance with all the prescriptions defined in the present document.
The acceptance of these general conditions by a "positive click" on the button identified as "I declare to be a major and to be familiar with the general conditions of use" constitutes proof that the user has read and referred to these provisions and is equivalent to acceptance of these conditions.
Article 6. SERVICES
6.1. PAID TESTS, SURVEYS AND ADVERTISING
On this platform, members will regularly receive paid tests, surveys and advertising to which they are required to answer as accurately as possible, and they are paid an amount set according to the type of test, survey or advertising, for their participation.
In conformity with article L. 34-5 of the Electronic Post and Communication Code, the member expressly accepts in full knowledge of the fact, reception of these paid tests, surveys and advertising at the email address it supplied on enrollment for the platform.
The platform sends the paid tests, surveys and advertising according to the selection criteria of the advertisers.
The member can choose to participate or not participate in the tests and surveys proposed to it.
When the maximum number of members is reached, the survey becomes unavailable. A proposal may therefore have different status indications like: "participate", "unavailable", "this survey is complete", "this survey is pending".
Some tests concerning a product in particular will involve a postal delivery to the home of the member wishing to participate in the test, which will be accepted expressly.
The personal account of the member will be credited as soon as the member has validated the questionnaire (for surveys, inquiries and tests) or as soon as it has clicked on the paid advertising.
6.2. "CASHBACK" SERVICE
The platform proposes that its members benefit from privileged sales office by the partner advertisers and from credit to the member account of the payment or a percentage, depending on the purchase made on the partner site.
The payments or percentages applicable to the purchases of the member are mentioned in each of the offers sent out to the member of www.panel-institut.com and these indications alone prevail when the purchase is made by the member on the site of the partner advertiser.
To benefit from the credit of the payment or percentage in question on its account, the member must absolutely use the hypertext link made available to it in the email sent by Canal Mail and not open new pages in its Internet browser for access to the partner advertiser site.
If the sale is canceled for any reason whatsoever, or if a member uses its rights of withdrawal, it will not benefit from payment of the set amount by Canal Mail.
Article 7. WITHDRAWAL RIGHT
In conformity with article L.121-20 of the French Consumer Code, the member is informed of the fact that it has the way of seven clear days from the subscription to the services to withdrawal from the offer, without any penalty and without having to give a reason. However, in conformity with article
L.121-20-2, 1° of the French Consumer Code, the withdrawal right may no longer be used once the member has actually accessed the service is concerned.
Article 8. OPPOSABILITY
These general conditions can be opposed assuming that they have been accepted by the user on
its enrollment at the member space.
In all cases, on the date of the initial use of the member space, the general conditions of use are considered to have been read and applicable.
Canal Mail reserves the right to make any modifications it deems necessary and useful to these general conditions.
These conditions can be opposed throughout the term of use of the member space until new general conditions of use replace them.
Any use of the member the member after modification to the general conditions of use is equivalent to the latter accepting the new general conditions.
The general conditions appearing online on the platform prevail over any printed version at a prior date.
The members may gain access to the filed general conditions by making the request by email to the following address: email@example.com
At any time the member can refrain from using the services and the platform but continues to be responsible for any prior use.
Article 9. ACCESS AND IDENTIFICATION CONDITIONS
9.1. ACCESS TO PLATFORM
Any costs concerning access, whether they are hardware, software or Internet access costs are exclusively at the expense of the user. He or she is alone responsible for the trouble-free operation of its IT equipment and of access to the Internet.
The service is accessible 24 hours per day and seven days per week.
However, Canal Mail reserves the right, without prior notice or compensation, to temporarily or definitively close the path form or access to the remote services, in particular for updating, maintenance, modifications or changes to the operational methods, servers and access hours, without this list being considered limitative.
Canal Mail is not responsible for any types of damages that resist changes and/or temporary unavailability or the definitive shutdown of all or part of the platform or the services associated with it.
Canal Mail reserves the right to complete or modify at any time the platform and the services available on it, depending on the development of the technology.
In the event of interruption or impossibility of using the platform, a member can contact the customer service at Canal Mail to obtain information on: firstname.lastname@example.org
9.2. ACCESS TO MEMBER SPACE
Access to the member space is reserved and is only accessible to members who identify themselves with an email address and a password.
To open an account and thus become a member, the candidate user must first fill in the form available online on the platform.
Canal Mail reserves the right to accept or reject, by email, as it thinks fit, and without any need to provide justification, any application.
The enrollment procedure on the member space includes the following steps:
9.3. SUSPENSION OF ACCOUNT
You must connect to your Panel Institut account regularly, at least every
90 days for it to remain active. If you do not connect during this time, we reserve
the right to cancel your Panel Institut account. If your Panel Institut account is interrupted because you are not connected, the data and your counter may be deleted definitively from our servers.
- - Step 1: The candidate user fills in and validates a form for enrollment on the Internet by filling out more particularly the following essential information:
- civil status ;
- surname ;
- first name ;
- email address ;
- telephone number ;
- password ;
- - Step 2: The applicant validates and accepts the General conditions of the services and gives its consent for the receiving of the paid tests, surveys and advertising transmitted by Canal Mail by checking the boxes provided for the purpose.
- - Step 3: The user must send a sms to audiotel number to confirm enrollment using the number entered during step 1.
- - Step 4: The user receives an email message confirming enrollment at the electronic address supplied.
- - Step 5: Subsequently, the member must fill in as accurately as possible its profile depending on the various distinctive criteria, and choose the transmission method for the advertising (SMS and/or email) and choose the intervals at which it wants to receive the paid tests, surveys and advertising.
Article 10. MEMBER OBLIGATIONS
The member guarantees Canal Mail that it has carried out all the proceedings, in particular administrative and/or physical that might be necessary for completing and carrying out these General conditions.
On enrollment, the member must supply the necessary information to Canal Mail. This information must be accurate and justified on request by Canal Mail then updated regularly by the member.
The member must give a valid email address allowing in particular the transmission of an email message confirming its enrollment, but also the reception of paid tests, surveys and advertising.
The member is a long responsible for preserving and maintaining the confidentiality of his or her password and other confidential data that might be sent to him or her by Canal Mail.
The member agrees to take all necessary steps to maintain total confidentiality.
Any use of a password presumes that the platform services are being used by the member to whom that password belongs.
The member agrees to notify Canal Mail immediately of the communication of its password to third parties or of its theft.
This notification must be sent to Canal Mail by email to the following address: email@example.com. The data reception of this email will be binding on all the parties.
The member is alone responsible for using the services made of its password.
In accepting these General conditions, the member agrees not to open several member accounts by using several email addresses or supplying in accurate information about his or her identity.
Article 11. SPONSORING
The platform also enables members to sponsor one or several future members by filling in their email address.
Canal Mail reserves the right to carry out any checks regarding the sponsoring of new members especially regarding their identity.
Failure to comply with the terms of this article by the members will cancel the sponsoring and terminate this agreement regarding the sponsoring member.
Each of the entries for new members whose email address has been filled in by an existing member and which is accepted by Canal Mail will entitle the latter to a bonus on his or her member account.
Article 12. SECURITY
The platform is an automated data processing system. Any fraudulent access or maintenance of the platform is prohibited and punishable by law. The same applies to any obstruction or alteration to the operation of the system or to the input, deletion or modification of data contained by it.
The member agrees not to interfere with the smooth working of the system. In particular,
it takes care not to bring in any viruses or any other technology detrimental to the platform to the
services it proposes, or to the procedure of paying amounts credited to a member account.
The platform makes every effort, in conformity with professional practice rules, to render secure the
service with respect to the complexity of the incident. It does not provide absolute security however.
The member declares to accept the characteristics and limits of the Internet.
The member recognizes being aware of the nature of the Internet and in particular of its
technical performance and the response time for consulting, interrogating or transferring information data.
The member shall inform Canal Mail about any failure or available service at the address
The member is aware that data traveling over the Internet is not necessarily
protected, in particular against possible diversion.
The member accepts to take all appropriate measures to protect its own
data and/or software from contamination by any viruses on the Internet.
Article 13. FINANCIAL CONDITIONS
13.1. METHOD OF PAYMENT
To benefit from the advantages resulting from the participation in trials, surveys and access to paid advertising, the member must have a PayPal account linked with an email address given by the member on enrollment.
The conditions in terms of member payment are defined on the platform and/or
in the email letters received from the members.
Canal Mail ensures payment of amounts due to the members.
For the "cashback" service, the sum will be credited to the member account only after
checking and validation of the purchase by the partner advertiser on its site, and at the end of the
withdrawal time, so that the purchase by the member is definitive.
The amounts due to the member on its account, covering the purchase, will be credited at the latest
sixty (60) days after the final purchase on the site of the partner advertiser.
Once the account has been credited, the bonus will only be paid to the member if the
amount to be invoiced exceeds a bottom-line threshold set in the member area.
The amounts due to the members for their participation registered on the platform are
evaluated from the data registered by Canal Mail.
The platform registers each event which occurred. It is agreed between the parties that the
registrations made by the platform form a reference for the calculation of the payments. Accordingly
the recordings made by Canal Mail are used as a reference for calculating the amounts due.
Canal Mail is therefore alone responsible for counting participations in paid trials, surveys,
advertising or sponsoring. The member recognizes and accepts that the statistics drawn up
by Canal Mail are binding and serve as official and definitive data between the parties.
Details of member participation registrations referred to above are sent to the
member if it makes a request to the address: firstname.lastname@example.org
Once the cap has been reached, and at the request of the member, the payment will be made by Canal Mail within 30 days.
Payments will be made by PayPal transfer.
In the event of any claim whatsoever, the payment of the bonuses
will be made only from the day on which all the difficulties of been cleared.
Article 14. INTELLECTUAL PROPERTY
14.1. ELEMENTS OF PANEL-INSTITUT.COM
These General Conditions of Use do not include any transfer of any intellectual property rights regarding the elements available on the platform and belonging to Canal Mail to the benefit of the user.
The site, the makes, the drawings, the models, the images, the texts, the photos, the logos, the graphics charters, the software and programs, the search engines, the databases, the sounds, the videos, the domain names, designs or any other information or supports on the platform, while considering that this list is not exhaustive, are the exclusive property of Canal Mail and are protected by their copyright, trademarks, patents any other rights of intellectual or industrial property recognized according to the applicable laws.
Any reproduction and/or representation, in full or in part, of any one of these rights, without the express authorization of Canal Mail is prohibited and would constitute counterfeit punishable by articles L.
335-2 and the following of the Intellectual Property code.
Accordingly, the user shall refrain from any actions or acts liable to have any direct or indirect effect on the intellectual property rights of Canal Mail.
In no case may the user print or reformat the content of the platform for purposes other than private or family purposes.
The user agrees not to download, reproduce, transmit, sell or distribute etc. the content of the website platform.
Each member recognizes that the information in databases accessible on the platform is the property of Canal Mail.
14.2. THIRD-PARTY ELEMENTS
Any elements belonging to third parties such as trademarks, drawings, models, images, texts, photos,
logos, in this list which is not exhaustive, are the exclusive property of the author and are accordingly protected by copyright, trademark rights or any other rights recognized by the current legislation.
The user shall refrain from any direct or indirect action having an effect on the property rights of any third parties whose content appears on the platform and shall not use in any way whatsoever the names, trademarks, logos, software, information, databases or any other documents supplied to it in general, in the performance of these general conditions of use.
The user agrees to comply with all the rights of third parties whose contents appear on the platform and shall refrain from arousing any analogy in the public mind for any purpose whatsoever.
For this purpose, the user agrees to take all steps necessary to protect said
rights with respect to all third parties and in particular, to maintain intact all the references to property made throughout the data, information and more generally the elements that can be consulted on the platform or that are made accessible by third parties.
Article 15. PERSONAL DATA
Canal Mail ensures the processing of personal data belonging to members for which it is responsible in order to create a member account, the follow-up and management of the service, which consists in bringing the people into connection for noncommercial purposes.
The enrollment form on the platform enables members to enroll for the service by supplying Canal Mail with certain personal data concerning them. Otherwise, the use of the service would be impossible. This information is intended for Canal Mail and its commercial and contractual partners where applicable.
For this reason, the member agrees to supply only truthful and legal information and to keep Canal Mail informed of any modification or change concerning it.
By application of articles 38 to 40 of the Informatique et libertés (IT and liberty) law of 6 January 1978 the
member is informed that it has right of access, interrogation, correction of data concerning it.
In conformity with article L.121-20-5 of the Consumer Code, commercial prospecting by email is authorized if the particulars of the recipient were gathered in compliance with the provisions of law no. 78-17 of 6 January 1978.
The member has the right to oppose, at no cost, that data concerning it be used for such purposes.
The member is informed that during visits to the platform, a cookie may be installed automatically in its browsing software.
The cookie consists of a block of data used for recording information about the browsing of the member on the platform.
The setting up of the browsing software keeps the user informed about the presence of cookies and allows its possible refusal as described at the following address://www.cnil.fr/.
If it wishes, the member can deactivate the use of the cookies by selecting the appropriate parameters in its browser.
Deactivation like this could prevent the user from accessing some of the functionalities of the platform.
The member has a right of access, withdrawal and modification of personal data supplied by cookies under the conditions indicated above.
The member recognizes that it has the possibility of receiving, at its request, information about data processing concerning it, or of using the rights announced above, in compliance with the following procedure:
- written and signed request by the member together with an identity document photograph;
-request sent to the following address: Canal Mail, 109 rue Montmartre, 75002 Paris France or by e-mail to the following address: email@example.com
Article 16. LIST OF WINNERS
The member authorizes and specifically consents that Canal Mail uses its surname and first name, displaying them on its website at www.panel-institut.com for the purpose of communication on a
list of persons who received bonuses thanks to that membership on the platform.
Article 17. TRACEABILITY
Canal Mail preserves a history of member connections to the member space.
In addition, Canal Mail can monitor the browsing of the users around the member space using cookies.
To do this, the member declares that it accepts the possibility of Canal Mail using the cookies technique, or any other similar or assimilated technique for tracking the navigation of the members and their effective participation in the paid trials, surveys and advertising.
Article 18. TERMINATION
The member can end its enrollment by deleting its account with Canal Mail at
any time, at no expense other than the expense related to the transmission of the request, and without requiring any grounds for doing so,
more particularly using the section provided for the purpose in the "contract" space or by any other means indicated to it on the platform.
This request will be considered to have been made after a period of 48 hours following the reception by Canal Mail of the request to close the account concerned.
This request does not require any payment of the member account balance if this balance
does not exceed the amount set in the article entitled "Payment conditions" and these amounts will be held by Canal Mail.
The same applies in the hypothesis of the member attempting to make the request for payment under the conditions of the article entitled "Payment conditions", prior to its request for cancellation.
If a member fails to meet any of these conditions, Canal Mail reserves the right
without entitlement to compensation, eight days after sending an email message to the user asking it to comply with these conditions of use remaining unsuccessful, to end the access of the user to the member space or to prohibit its access to all part of the services, notwithstanding any action that may be open to it in terms of common law.
Article 19. RESPONSIBILITY
In conformity with common law, the responsibility commitment binding on the Canal Mail will depend on the proving of a fault.
Canal Mail refuses to accept any responsibility if the content of the paid trials, surveys and advertising, carried out for advertisers, infringes the legal and regulation provisions especially those concerning the data contained or broadcast and the processing of matter of a personal nature which is carried out.
Canal Mail will never act as vendor and refuses to take any responsibility regarding purchases made by the member on the site of a partner advertiser in particular with respect to any legal provisions concerning the right of remote sale and the right of the consumer, and in particular the right of withdrawal or of any other guarantee due by the vendor.
Canal Mail will not take any action in relations established between the member and the partner advertiser,
the obligations of each shall be determined exclusively with respect to the general conditions of sale of each of the partner advertisers.
Canal Mail shall not intervene in the writing of commercial and promotion announcements appearing in the email messages sent to the member. On this subject, Canal Mail refuses to accept any liability for the content of advertising or commercial office made by the partner advertisers, especially concerning the regulations applying to advertising or to the consumer code.
In all cases, the responsibility of Canal Mail will be limited to the amounts paid out to the member within the six (6) months prior to the generating fact.
Article 20. FRAUD
Any action aimed at artificially increasing the reception of email in any way, in particular by opening several member accounts or by multiplying the number of reception addresses, by diverting the system set up for the traceability of member purchasing on partner advertisers sites as part of the "cashback" service and more generally, any action aimed at obtaining gains in an undue or artificial manner, is strictly prohibited.
In conformity with the provisions of the articles entitled "Conditions of access and identification" and "Member obligations", the member agrees to supply accurate information about its profile in order to benefit from the paid trials, surveys and advertising corresponding to its consumer profile.
Any action constituting a fraud will cause the immediate invalidation of all the gains
gains received by the member and may lead to the termination or resolution of these General Conditions, notwithstanding action that Canal Mail may take on the civil or penal level (swindling, abusive use or attempted attack of the automated data processing system.
Article 21. TECHNICAL ASSISTANCE
Canal Mail supplies its members with all the necessary information for the use of the remote services.
The member can reach the customer service at the following address: firstname.lastname@example.org
Article 22. FORCE MAJEURE
Initially, cases of force majeure will suspend the performance of the general conditions of use.
If the cases of force majeure last more than two months, these General Conditions of Use will be terminated automatically, unless the parties agree otherwise.
It is expressly considered that cases of force majeure or fortuitous cases will be those habitually recognized by the prior case law of the French courts.
Article 23. APPLICABLE LAW
These Conditions of Use are governed by French law.
The same applies to the basic rules concerning content and methods, notwithstanding substantial or related obligations.
Article 24. PRESCRIPTION
All legal actions between the parties on prescribed, unless they are counter to the provisions of the public order, if they take place after a period of two years starting from the initial claim, notified by registered letter with acknowledgment of receipt.
Article 25. COMPETENT JURISDICTION
IN CASE OF A DISPUTE AND IF NO AMICABLE SOLUTION CAN BE FOUND, THE MATTER WILL BE BROUGHT AUTOMATICALLY BEFORE THE COURTS OF PARIS, EVEN IN THE EVENT OF THERE BEING A MULTITUDE OF DEFENDANTS OR APPEAL UNDER GUARANTEE, FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES, OR FOR SUMMARY ACTIONS OR ACTIONS BY REQUEST.