Terms and conditions of use

The purpose of these terms of use is to define the terms and conditions of availability and use of the www.papernest.com website (hereinafter the "Site") and the services provided through the Site.

Browsing the Site implies unreserved acceptance of these terms of use.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Article 1 - Legal information

1.1 Publisher (hereinafter the "Publisher"): Flash Contract, a simplified joint stock company (SASU) registered under French law, with share capital of 25,000 euros, whose registered office is located at 157 Boulevard Macdonald - 75019 Paris, RCS (Paris B 809 710 858), SIREN number (809 710 858), E-mail address: contact@papernest.com, Director of publication: Benoît Fabre.

1.2 Host (hereinafter the "Host"): Amazon Web Services EMEA SARL (38 avenue John F. Kennedy, L-1855 Luxembourg).
Contact: https://aws.amazon.com/contact-us/

As an insurance intermediary within the meaning of Article L. 511-1 of the Insurance Code, Flash Contract is registered with the Organisme pour le registre des Intermédiaires d'assurance (ORIAS) under the number 15002052. Flash Contract benefits from a professional civil liability insurance (n° B0879C001061300 / 9440813).
For any further information, you can contact

ORIAS, 1 rue Jules Lefebvre - 75009 Paris, 01.53.21.51.95, contact@orias.fr ;
APCR (Autorité de contrôle prudentiel et de résolution), 61 rue Taitbout - 75436 Paris cedex 09, 01.49.95.40.30, http://www.acpr.banque-france.fr.

Article 2 - Access to the Site

Access to and use of the Site are reserved for strictly personal use. You undertake not to use the Site and the information or data contained therein for commercial, political or advertising purposes and for any form of commercial solicitation, including the sending of unsolicited e-mails.

It is specified that any hardware or software necessary for the use of the Site remains exclusively at your expense.

Article 3 - Content of the Site

The papernest brand is a trademark registered at the INPI and is the exclusive property of the Publisher.

In addition, all other trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate the Site and more generally all elements reproduced or used on the Site are protected by the intellectual property laws in force.

They are the full and entire property of the Publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not take legal action as soon as it becomes aware of such unauthorised use does not constitute acceptance of such use and waiver of prosecution.

Article 4 - Site management

For the proper management of the Site, the Publisher may at any time:

  • suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet users;
  • delete any information that may disrupt the operation of the Site or that contravenes national or international laws;
  • suspend the Site in order to proceed with updates.

Article 5 - Conditions of registration and user account

In order to use the Site and take advantage of the offers offered on it, you will need to register and create a user account (hereinafter the "User Account").

When opening the User Account, you will be asked to provide personal information relating to your identity such as first name, surname, email address, telephone number and date of birth. Otherwise, the opening of your User Account will not be possible. The use of your personal data is governed by Article 13 of the General Terms and Conditions of Use.

The Site and any User Account are exclusively reserved for users who must be natural persons over 18 years of age or natural persons having the power to represent any legal entity duly registered with the competent Trade and Companies Registry.

If you do not comply with the conditions set out in the general terms and conditions of use, you will be prohibited from accessing and using the Site and User Account. The Publisher reserves the right to temporarily or permanently suspend any User Account.

You acknowledge and agree to keep confidential the username and password allowing access to your User Account. The username and password are personal and shall not be shared or transferred to any person or entity, in any form whatsoever, without the prior written consent of the Publisher.

You are solely responsible for your User Account and its use.

Article 6 - Inactivity of the User Account

You agree that your User Account will be closed after a period of inactivity of 6 months.

Inactivity is defined as the absence of participation by you in an Offer and runs from the date of your last subscription to an Offer.

You will be notified of the approaching end of the inactivity period by email.

Article 7 - Offers

The offers of the Publisher's partner suppliers can be consulted on the Site (hereinafter the "Offers"). The modify the list and content of the Offers at any time.

Each Offer contains a description of the essential characteristics of the services provided and the price including VAT of the services provided.

Article 8 - Relations between the parties

The Publisher, the Publisher's suppliers, and you are independent parties, each acting in its own name and on its own behalf.

By using the Site and by subscribing to the Offers proposed, you acknowledge that you give the Publisher a mandate to subscribe to these Offers in your name and on your behalf with the suppliers. You acknowledge that the Publisher is an intermediary putting customers and suppliers in contact with each other and that it only acts as an agent when subscribing to the Offers requested. Thus it is not a party to the said Offers and will not be a party to the contracts resulting therefrom.

The Publisher is remunerated by energy suppliers, insurers, mail forwarding operators and telecommunications operators under service contracts signed with the said partners. The Terms and Conditions of Use do not create any subordination, joint venture, employer/employee or franchisor/franchisee relationships between you and the Publisher.

You accept the Offers independently.

Article 9 - Responsibilities

The Publisher cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities.

The equipment you use to connect to the Site is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from virus attacks via the Internet. Moreover, you are solely responsible for the sites and data that you consult.

The Publisher cannot be held responsible in the event of legal proceedings against you:
  • because of the use of the Site or any service accessible via the Internet;
  • because of your failure to comply with these terms and conditions of use.

The Publisher is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Site and you waive any action against the Publisher as a result.

Should the Publisher be subject to amicable or legal proceedings as a result of your use of the Site, the Publisher may claim against you to obtain compensation for all damages, sums, sentences and costs that may result from such proceedings.

Finally, the Publisher acts only as an agent, and cannot be held responsible and provides no guarantee, even partially or indirectly, for the Offers proposed on the Site, or for any non-performance or poor performance of any contract of any nature whatsoever that may have been concluded between you and partners, through the intermediary of the Site as well as that of the Publisher.

In particular, the Publisher does not exercise control in a systematic way and does not assume any responsibility in connection with:

  • the quality, the conformity of the Offers to the law or the adequacy of the Offers proposed on the Site;
  • the reliability and accuracy of any information relating to the Offers.

Article 10 - Insurance intermediation

The validity of the Offers proposed on the Site and by the partners is subject to the accuracy of the answers provided, to which you undertake to respond in a fair and honest manner.

Flash Contract is not under any contractual obligation to work exclusively with one or more insurance companies, but it is not in a position to base its analysis on a sufficient number of insurance contracts offered on the market. You can obtain the names of Flash Contract's partner companies by sending a request to contact@papernest.com.

After having received an Offer through the Site and before any subscription through the Publisher, it is your responsibility to read all the general and special conditions of the proposed contract in order, in particular, to have an exhaustive view of them and to check their conformity with your situation, without any liability being accepted against the Site and the Publisher in this respect.

In the event that the Site is unable to present an Offer corresponding to your profile or in the event of inaccuracy concerning the price or the service described by the Site or in the event of poor execution or non-performance of the contract concluded by you with the insurance companies that are partners of the Site, no liability may be held against the Site and the Publisher.

Article 11 - Claims

In all cases of disagreement, Flash Contract is at your disposal to listen to you and seek a solution.

If the dispute persists, you can, at any time, after having used the above procedure, submit a complaint by letter addressed to: Flash Contract, 157 boulevard Macdonald, 75019 Paris, or by e-mail to: contact@papernest.com.

Article 12 - Hypertext links

The Publisher reserves the right to refuse and remove any hypertext links set up by you to all or part of the Site.

In the event that the Publisher does not request the removal of hyperlinks set up by you, this freedom granted to you by the Publisher is in all cases only special, temporary, and the Publisher may ask you to remove them at any time upon simple request, with no obligation for the Publisher to justify it.

The Site may be subject to advertising. Any information accessible via a link to other sites is not under the control of the Publisher, who declines all responsibility for their content.

Article 13 - Collection of data

The Publisher collects certain personal information about you, on its web application https://app.papernest.com (hereinafter "the App"), accessible from the website https://www.papernest.com (hereinafter "the Site"), or through its "Call center".

Pursuant to Articles 13 and 14 of Regulation n°2016/679/EU of the European Parliament and of the Council on the General Regulation on the Protection of Personal Data (RGPD), as well as the Data Protection Act, and General Data Protection Regulation (effective 25 May, 2018), you have the right to be informed about the purposes and methods of the processing carried out, its nature and scope, and your rights relating thereto, detailed below.

We invite you to refer to the document entitled "Privacy Policy".

Article 14 - Cookies

The publisher notably uses cookies to collect information relating to your browsing on the App and/or the Site.

In order to be informed about the functioning of cookies, the purposes pursued by the Publisher and the means to oppose their use, we invite you to refer to the document entitled "Privacy Policy".

Article 15 - Miscellaneous authorizations

By validating an offer for the supply of electricity or gas on the Publisher's website, its online or telephone subscription procedures, you expressly authorise the Publisher to request and receive communications from Enedis, a limited company with a Management Board and Supervisory Board with a share capital of 270,037,000 euros, RCS de Nanterre n° 444 608 442 at the Tour Enedis headquarters 34 place des Corolles 92 070 Paris La Défense CEDEX of (subject to availability and for a period of 24 months) the history of the site's consumption in kWh (and powers reached and exceeded), history of daily index readings in kWh (and maximum daily power in kVa or kWh) for the site, the history of the site load curves (set of time-stamped average values of active or reactive power injected or withdrawn, over consecutive integration periods of the same duration) and the technical and contractual data available for the site (characteristics of the connection, the metering system and information relating to the supply contract known to Enedis).

Article 16 - Photographs and representation of products

The photographs of products, accompanying their description, are not contractual and do not commit the Publisher.

Article 17 - Applicable law

The present conditions of use of the Site are governed by French law and subject to the jurisdiction of the Court of Appeal of Paris, subject to a specific attribution of competence resulting from a particular law or regulation.

Article 18 - Contact us

papernest is located at 157 boulevard MacDonald, 75019 Paris, the premises are open from 7am to 11pm.

You can contact us at 09 78 06 76 38. For any question, information on the products presented on the Site, or concerning the Site itself, you can leave a message at the following address: contact@papernest.com.

Article 19 - Payment services

Payment services are offered by Lydia Solutions SAS, registered with the Paris Trade and Companies Register under number 534 479 589. Lydia Solutions provides services for issuing, using and managing payment accounts.

Updated

The present General Terms and Conditions of Sale were updated on 12 April 2018.

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