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Last revised on March 25, 2015

1. Introduction

  1. These Terms and Conditions (hereafter "Terms & Conditions") regulate the relationship between the user (hereafter the "User") and PriceMatch SAS having its offices at 2 rue Robespierre Logt 19 in La Courneuve (93120) - France (hereafter "PriceMatch"). The mission of PriceMatch is to provide the User with a revenue management platform giving price recommendations along with decision-making tools (hereafter the "PriceMatch Services").
  2. By accepting these Terms & Conditions, by accepting any other means of subscription as deemed appropriate by the PriceMatch sales representative, by registering on PriceMatch or by using the PriceMatch Services, the User represents and acknowledges that it has read, understood and agreed to be bound by these Terms & Conditions. The User also acknowledges that these Terms & Conditions constitute a legally binding contract, with PriceMatch (hereafter the "Contract"), even though it is electronically and not physically signed.
  3. The Contract constitutes the entire, complete and sole agreement between PriceMatch and the User (hereafter individually the "Party" and together the "Parties") regarding the PriceMatch Services. If a quote modifying part of these Terms & Conditions is agreed between the Parties (hereafter the "Quote"), those provisions of the Quote which are in contradiction to these Terms & Conditions shall prevail.
  4. If the User entering into this Contract is a company or a legal entity, the User shall ensure that it has the authority to bind such entity. If the User does not have such authority, or if the User does not agree with the Terms & Conditions, the User shall not click "Join PriceMatch" and will not benefit from the PriceMatch Services. By clicking "Join PriceMatch" or by signing the Quote, the User recognizes this constitutes an electronic signature and that it consents to be bound by all the provisions of the Contract.

2. Characteristics of the PriceMatch Services

  1. The PriceMatch Services include access to a calendar offering price recommendations, data deemed to be relevant to the User (such as historical data, price of competitors, etc.) and to a detailed view of each recommendation.
  2. To be eligible to use the PriceMatch Services, the User must meet the following criteria: (i) not being restricted from the PriceMatch Services; (ii) not being a competitor of PriceMatch or using the PriceMatch Services to compete with PriceMatch; (iii) not violating any other agreement binding the User; (iv) not violating any rights of PriceMatch; and (v) agreeing to provide at its own costs all equipment, software and internet access necessary to use the PriceMatch Services.
  3. PriceMatch does not guarantee continuous, uninterrupted access to the PriceMatch Services and website(s) may be interfered with by numerous factors outside PriceMatch's control.
  4. PriceMatch undertakes to make every effort to establish an efficient and optimal dynamic pricing grid. In this perspective, PriceMatch shall seek to update, improve and expand the PriceMatch Services.
  5. PriceMatch may modify, replace, refuse access to, suspend or discontinue PriceMatch Services, partially or entirely, or change or modify prices for all or part of the PriceMatch Services in its sole discretion. All such changes shall be effective upon their being posted on the website(s) or by their direct communication to the User, unless otherwise noted. PriceMatch further reserves the right to withhold, remove and/or discard any content available as part of the User Account, with or without notice if deemed by PriceMatch to be contrary to the Contract.

3. Use of the PriceMatch Services

  1. The User accesses the PriceMatch Services with an account provided by PriceMatch when registering on the website (hereafter the "User Account"). The User is responsible for the accuracy and the transmission of all data entered into the User Account. The User is responsible for maintaining the confidentiality of the User Account information, in particular its password.
  2. Only the User shall have access to and use the PriceMatch Services through the User Account. These rights are non-assignable and non-transferable for the duration of the Contract and without geographical limitation. Disclosure by the User of the User Account details to a third party, without the prior consent of PriceMatch, shall entitle PriceMatch to terminate the Contract without notice, without prejudice to any damages which it may seek.
  3. The User accepts responsibility for all activities and changes to data occurring under its user name(s) and password(s) and agrees to indemnify PriceMatch, its subsidiaries, officers, employees and suppliers against any loss arising from or cost incurred in connection with the use of the PriceMatch Services under its User Account.
  4. The User shall comply with all applicable laws and use the PriceMatch Services in a professional manner. The User shall not act dishonestly or unprofessionally towards PriceMatch.

4. Price

  1. The price for the PriceMatch Services (hereafter the "Price") is indicated when subscribing online or by any other means of subscription (such as a Quote) as deemed appropriate by the PriceMatch sales representative. The User acknowledges that the Price is presented excluding taxes and agrees to pay it. The User also acknowledges that the PriceMatch Services are non-refundable.
  2. In case of payment by credit card or by direct debit, the User agrees to provide PriceMatch with its payment information, which will be used for the payment for the PriceMatch Services and which will be stored for this purpose by PriceMatch throughout the duration of the Contract.

5. Billing

  1. The Price is payable in advance for all PriceMatch Services on a frequency agreed when subscribing online or by any other means of subscription (such as a Quote) as deemed appropriate by the PriceMatch sales representative. Billing will begin the day following the last day of the trial period (if applicable) according to the Price agreed between the Parties.
  2. Invoices will be addressed to the User (or, when appropriate, its financial agent) in digital format by e-mail.
  3. Payment of Price must be received within 30 days from the date of issue of the invoice either by direct debit from an account specified by the User, by bank transfer, by credit card or by check payable to PriceMatch.
  4. In case of late payment, partial payment or non-payment, a late fee will be applied on the remaining sum due, net of taxes. The late fee will be calculated based on the European Central Bank rate + 10%. In addition, in case of late payment, partial payment or non-payment, PriceMatch may decide, without delay, to suspend the PriceMatch Services or terminate the Contract at its discretion by any written notice.

6. Maintenance

  1. Maintenance service for the PriceMatch Services is accessible either via PriceMatch website(s) 24 hours a day, 7 days a week (outside of maintenance periods) or, if specified by agreement, by telephone via a hotline, Monday to Friday from 9 AM to 6 PM.
  2. All irregularities should be immediately reported on the PriceMatch Online Ticketing Platform, following which PriceMatch will make its best efforts to correct it according to the following principles:
    1. in case of an irregularity preventing access to the PriceMatch Services, PriceMatch shall address the irregularity within twelve (12) hours and, if the irregularity persists, offer an alternative solution within twenty-four (24) hours; and,
    2. in case of other irregularities, PriceMatch shall make its best efforts to correct the anomaly as soon as possible.
  3. Any upgrades or new versions shall be communicated to the User by e-mail prior to their implementation and shall not reduce the efficiency of the PriceMatch Services.

7. Intellectual Property

  1. The User acknowledges and agrees that PriceMatch owns all rights, titles and interests in and to the PriceMatch Services. The URLs representing the PriceMatch website(s), "PriceMatch" and all related logos of PriceMatch Services described on PriceMatch's website(s) are either subject to copyright, trademark or existing registered trademark ownership by PriceMatch and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PriceMatch.

8. Data Protection

  1. The User remains the sole owner of all data collected by PriceMatch, for the use of PriceMatch Services and for the User's business relationship with PriceMatch, which identifies or can be used to identify, contact or locate the User or from which identification or contact information of the User can be derived (hereafter "Personal Identifiable Information"). Personal Identifiable Information will remain in the sole ownership of the User and will not be disclosed to third parties. The User agrees that PriceMatch shall use, refer to, or disclose to a third party aggregated data or information as well as data or information which does not contain Personal Identifiable Information.
  2. PriceMatch shall make its best efforts to implement technical measures necessary to reduce the risk of unauthorized access or fraudulent use as well as to prevent any loss, alteration or destruction of any of the User's data.

9. Confidentiality

  1. Both Parties undertake not to disclose any information received in connection with the Contract to any third party, other than its employees or agents, or as otherwise authorized by the relevant Party. The information will remain confidential throughout the duration of the Contract and for a period of ten (10) years after its termination for any reason.

10. Duration of the Contract

  1. The duration of the Contract is indicated when subscribing online or by any other means of subscription (such as a Quote) as deemed appropriate by the PriceMatch sales representative. The User acknowledges that this duration is presented and agrees to it. The Contract shall take effect on the registration date of the User.
  2. At the end of the Contract term, either Party may, for any reason, decide not to renew the Contract, in which case the relevant Party must inform the other Party of its intention not to continue the Contract by a registered letter with acknowledgement of receipt at least 90 days prior to the end of the Contract term.
  3. In the absence of such letter of notice, the Contract will be automatically renewed for a further period of the same length.

11. Termination

  1. The Parties may, for any or no reason, at any time, mutually agree to terminate the Contract prior to its expiration. Termination will be effective from the date of signature of a mutual agreement between the Parties.
  2. Each Party may restrict, suspend or terminate the Contract if the other Party violates its obligations. The Contract shall be automatically terminated thirty (30) days from the date of receipt (as shown on the acknowledgement of receipt) of a registered letter with acknowledgement of receipt, which must detail the breaches (namely, failures or dysfunctions) justifying the termination.
  3. On termination of the Contract, the User shall immediately cease to use its User Account. PriceMatch undertakes to destroy the User's Personal Identifiable Information stored on its servers, at its own cost, within fifteen (15) days from the date of receipt of a registered letter with acknowledgement of receipt.

12. Liability Limitation

  1. The User acknowledges that PriceMatch will not be held liable for any loss or costs incurred by the User or any third party in the following circumstances:
    1. improper use or misuse of the PriceMatch Services outside their original purpose by the User;
    2. implementation of softwares or operating systems not compatible with the PriceMatch Services by the User;
    3. voluntary act of degradation or sabotage;
    4. the User's failure to reach its sales or profit maximization goals;
    5. the use, misuse or destruction of the PriceMatch Services or of the User's data by a third party who accesses the User Account, without authorization of the User, provided that correct log-in details were used.
  2. The User agrees that PriceMatch shall not be liable for the failure or the delay in performing its obligations under this Contract if it is due to circumstances beyond its reasonable control (such as a failure of electronic communication networks, a breach of an electricity supplier, etc.), in particular a force majeure event.
  3. Under no circumstances and under no legal ground (whether in contract, tort, negligence or otherwise) will PriceMatch, or its affiliates or its respective officers, directors, employees, agents, suppliers or licensors, be liable to the User or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with this agreement or service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.

13. Severability

  1. If any provision of the Contract is found to be illegal, void, null, not legally binding or unenforceable, the remaining provisions will not be affected in any way.

14. Dispute Resolution

  1. The Contract shall be exclusively governed by and interpreted by the French law regardless of the User's country of origin or incorporation, or the country or jurisdiction from which the PriceMatch Services were accessed.
  2. All claims arising from or related to the Contract will be exclusively submitted to the Paris Commercial Court (Tribunal de commerce de Paris).
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