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General Terms of Use

Article 1 : Definitions

Key : is a means of authentification (random code composed of numbers) sent by SMS to the User to allow him to gain secure access and/or connections to the 1PassWorld site as well as to Partner sites.
User : is any natural person, acting on his own account and/or for a legal entity, registered on the Site.
Order : is the online purchase of a Service on the Site.
Publisher : is the simplified joint-stock company 1PassWorld SAS, the publisher of the Site.
Registration : is an action permitting a Visitor to become a User and to be able to benefit from the Services.
The Legal Notices notify every Visitor, whether a User or not, of the identity of the operator and hoster of the Site as well as of the terms of access to the Site.
Partner : is a natural person or legal entity who has entered into an agreement with the Site to operate the technology allowing a User to use the Services.
Profile : is a file containing the User’s personal data which the User can submit and supplement for the purposes of this Service.
Service : is the free or paid-for services to obtain and manage a username, password and unique Key.
Site : is the 1PASSWORLD.COM website managed and run by the company 1PassWorld SAS.
Solution : is the technology developed by the company 1PassWorld that allows secure access and/or connection to websites by means of an authentification Key.
Visitor : is a natural person or legal entity using or visiting the Site.


Article 2 : Purpose

The purpose of these General Terms is to set out the terms and conditions of use and operation of the Services by Users.
These Terms are supplemented by the Legal Notices.
In accessing the Site, the Visitor acknowledges that he has read, understood and accepted these Terms, Legal Notices and in general all terms and conditions applicable to the Site.


Article 3 : Description of Services – User

The Site allows the User to simplify and secure his access to Partners’ websites as well as to simplify the ordering process.

The Site allows the User to benefit from a single username a single password that are identical for all Partners’ sites. The unique Key identifies and secures the connection to the Partners’ sites.

The Key also allows the User to define time ranges for accessing and/or limiting access to certain Partners' sites. The Key allows the User to remotely log in and manage his connection to Partners’ sites.

After the User is identfied on the Partner site via the Key, the User's Profile data is sent to the Partner site. With the Key, the User no longer needs to fill in the forms on Partner sites.

The Site allows the User to update his Profile data at any time.

The Site Services are currently available free to the User.

However, if the User wishes to maximize the security of his connections to Partner websites and receive new Keys regularly, the User can place an Order for them.

The Site does not guarantee that these Services will be maintained indefinitely, and they may change as improvements are made to the Site.

Should these Terms be revised, the User’s consent will be solicited online at the time that the User accesses the Service.


Article 4 : Terms of Access 4.1 Technical Access

The User must ensure that his computer equipment is compatible with the software installed to access the Site.

4.2 Terms of Access

The User declares that he is over the age of majority or is an emancipated minor. The User submits to the Site, as a minimum, the elements of his civil identity (first and last name), a mobile phone number, postal address, and email address; it is the User’s responsibility to ensure that this information is valid and to update it if it changes over time. When registering, the User must submit all the information that is essential and indicated as such to allow him to create his Profile.

The User guarantees the honesty and truthfulness of the information communicated on his Profile. The User undertakes to keep it updated on a regular basis.

The Site and the Publisher have no obligation to check the accuracy of the User’s identity nor do they have the technical and/or legal means to do so.

When creating his Profile, the Site automatically assigns to the User a unique, personal and non-modifiable username. Paralleling this automatic assignment of username, the User, when creating his Profile, chooses a personal password that the User is free to change. At the end of each session, the User must ensure that he quits his personal space.

The User is responsible for safeguarding the confidentiality of his password and his personal space and is fully liable for any act involving the use of his username and password. If the username and/or password are lost or used by an unauthorized third party, the User must immediatly contact the Site.

In placing an Order, the User explicitely acknowledges that he is obligated to pay for his Order.

The User’s personal space contains the following in particular:

  • the User’s Profile,
  • the dates of the latest logins to the Profile
  • his delivery and billing addresses
  • his login histories,
  • a cancellation form.
In his personal space, the User can see the Orders on the Site for the previous twenty-four (24) months.

For every Profile creation, just like for every Order, the User acknowledges that he has read, understood and accepted these General Terms. At each new Order, the User reaffirms his acceptance of these Terms.

Should there be a change to the cost of access, the introduction of a new service or any material change to an element mentioned in these Terms, these Terms will be revised. The User should read them on a regular basis to remain informed of any change.


Article 5 : Ordering Services

The prices for Services are available via the tab "Rates".

To place an Order, the User selects, from his Profile, the Services that interest him. The User can at any time check the content of his Order or add or remove Services.

To confirm the Order for Services, the User must click on the link "confirm". The User is then asked to pay using the dedicated payment platform (see Article 7). A confirmation email is sent to the User.

Article 5.1 : Order for Services placed by a non-business User ("consumer")

For sales inside the European Union, the prices of the Services on the Site are expressed in euros with all taxes included. VAT is applicable at the prevailing rate for the Services concerned (in the Member State concerned). Should the VAT rate change, the change would be passed on the prices of the Services, without the User receiving prior notification of the change.

For sales outside the European Union, the prices of the Services on the Site are expressed in euros with all taxes included.

Article 5.2 : Order for Services placed by a business User ("professional")

For sales in the European Union, the prices of the Services on the Site are expressed in euros excluding taxes. For sales outside the European Union, the prices of the Services on the Site are expressed in euros excluding taxes.




Article 6 : Payment for Services

Payment is to made in full at the time of Order by bank/credit card online. Carte Bleue, Visa and MasterCard are accepted. The bank data communicated is not known or retained by the Site, it is solely control data between the User and the bank. Should the bank/credit card payment fail, the Services are not rendered and the Order is automatically cancelled.


Article 7 : Delivery

Services are executed online and by mobile, to the email address and the mobile phone number entered by the User in his Profile.


Article 8 : Distinctive features of the Site – Intellectual property

The word 1PASSWORLD and the associated logo are registered trademarks. The domain name www.1passworld.com is protected. These elements may not be used without the express authorization of their owner. The same applies to the distinctive signs of the Partners.

The User acknowledges that the content, including without limitation the text, database, computer code, music, audio, photos, graphics, and videos present on the Site are protected by copyright, trademark law and all other rights and laws relating to intellectual property. The User acknowledges that he is authorized to use these elements and information only within the limits expressly set by these Terms.

Reproduction of the Site in whole or in part for any purpose other than to view the Site or place an Order is prohibited unless authorized by the Publisher.

Article 9 : License to Use the Profile

With respect to the Profile and the data that it contains, the User grants to the Site the worldwide, non-exclusive right to use his Profile free of charge to enable the Publisher to communicate and transfer the Profile data to Partners for the purpose of rendering the Service, using any electromagnetic medium and electronic means of communication, on Partner sites. Within the Site, the Publisher is free to delete from the Site any Profile that is obsolete and/or that has been present online for more than one (1) year without being logged in.

Under the terms of this License, the Publisher does not have the right to modify, adapt or correct the Profile.

The User must safeguard/backup the content of his Profile himself. At the end of the validity period of the identifiers on the Site, for whatever reason that may be, the Publisher is not obligated to restore the Profile data and his failure to do so shall not be an infringement of the French Data Protection Act.

Article 10 : Cancellation Rights for a non-business User (consumer)

Under Article L. 121-21 of the French Consumer Code, a non-business User has a right to cancel within fourteen (14) business days following the receipt of the Service ordered. The cancellation right must be exercised by registered mail including a receipt confirmation form, without having to state a reason or pay a penalty. The Publisher undertakes to reimburse the entire amount paid for the Service, unless the User has already used the Service.

The reimbursement is to be made by crediting the debited bank account no later than fourteen (14) days following the date that the User exercised his cancellation right.

The Publisher shall confirm receipt of the User’s cancellation request.

The non-business User expressly acknowledges that if a contract is commenced before the end of the cancellation period he can no longer benefit from the cancellation period in Article L. 121-21-8 of the French Consumer Code.


Article 11 : Advertising – Hypertext link

The Site may display advertising generated by third parties. The Site and the Publisher have no control over the content of the advertising visible to the User.

The Site may contain links to websites administered by third parties. The Publisher can under no circumstances exploit or control the information, products and services presented on those third party sites. The links are included solely for practical purposes and constitute no commitment by the Site. The User accepts full liablity for his use of the links to third party sites.


Article 12 : Termination

Should the Publisher or a Visitor or User, in the normal course of affairs, find a violation of these Terms, the offending User may be prohibited access to the Site at any time, automatically and without special formality.

The Publisher shall notify the User that his access to the Site has been suspended.


Article 13 : Liability

For all obligations encumbent on him, the Publisher is bound by an obligation of means and not of result. The Publisher does not provide or offer any mediation or introduction service. The Publisher’s responsibility is limited to that of a hosting service and technical intermediary.

Site access and operation

The Site relies on technology developed by third parties. The Publisher undertakes to implement all necessary means to ensure continuous access to the Site. However, access to the Site may be interrupted temporarily from time to time for technical maintenance purposes. To the extent possible, the Site strives to forewarn Users, Partners and Visitors of interruptions due to maintenance. The User must ensure that his computer equipment is compatible with the software installed to access the Site.

The Publisher rejects all liability for any loss resulting from the unavailability of the Site or a problem connected with the Site.

Likewise, the Publisher rejects all liability for any loss due to the presence of advertising displayed on the Site or due to the existence of a hypertext link.

Acceptance and Execution of an Order on the Site

The Publisher shall not be held liable for the non-execution of a contract due to or connnected with the non-execution of a Service by a Partner, its Key supplier or by problems related to the telecom and/or mobile operator.

THE PUBLISHER SHALL HAVE NO LIABILITY UNLESS IT IS ESTABLISHED THAT THE CLAIMED LOSS RESULTS FROM ITS OWN ACTIONS AND THAT THERE IS A DIRECT AND CERTAIN CAUSAL LINK BETWEEN THE ALLEGED FAILURE AND THE LOSS.

In all cases, the Publisher’s total liability, all losses combined, shall not exceed 25% (twenty-five percent) of the monies taken by the Site.

Loss or fraudulent use of passwords / usernames

The Site shall not be liable for any loss or damage resulting from the loss or fraudulent use of the User’s passwords or username.


Article 14 : Statute of limitations

An action for liablity against the Site must be instituted within one (1) year after the occurrence of the loss-generating event.


Article 15 : Data Protection Act (on "information technology and freedoms")

The Publisher archives the following data:
- information given at registration to open a User Profile in order to benefit from the Service and/or place an Order;
- in accordance with applicable law, the timestamp, duration and IP address of the connection of each visitor to the Site.

This data can be disclosed when requisitioned by a judicial authority.

In accordance with Law 78-17 of 6 January 1978 as amended, known as the law on information technology and freedoms, the existence of the database and the processing related to it has been declared to the French data protection authority CNIL under number XXXXXXX.

All data of a personal nature concerning the User is collected directly at the Site. The User has the right to challenge, see, correct and delete all personal data relating to him, with the exception of IP addresses, in accordance with applicable regulations on the archiving of such data. To exercise his rights, the User should simply send an email (from the address entered in his Profile in order to avoid identity theft) to the Site email address: contact(at)1passworld.com.

In registering, creating a Profile or placing an Order, the User authorizes the Site to transfer data from the Profile to Partners domiciled in France or in a Member State of the European Union or in any State recognized by the CNIL as enforcing a personal data protection policy.


Article 16 : Application of Terms – Separability – Interpretation

These General Terms of the Site legally and contractually bind the Site, User, Partner and Visitors.

The fact that the Publisher does not exercise, at a given time, a prerogative recognized by these General Terms can under no circumstances be interpreted as a express or tacit waiver or renunciation of the right to exercise that prerogative in the future.

The fact that a clause is recognized as invalid shall not affect the validity of the rest of the agreement or of any other clause.

In the event of a contradiction between a provision in these General Terms, the Legal Notices, or any other wording on the Site, these General Terms shall prevail.


Article 17 : Applicable law - Jurisdiction

THESE TERMS, APPENDICES AND ALL DOCUMENTS AND CONTENT PUBLISHED ON THE SITE ARE SUBJECT TO FRENCH LAW.

ALL DISPUTES OVER THE INTERPRETATION AND EXECUTION OF THESE TERMS SHALL BE REFERRED TO THE COMMERCIAL COURT OF LYON EVEN IF THERE ARE MULTIPLE DEFENDENTS OR IF THIRD PARTIES ARE INVOLVED.



CANCELLATION FORM

I, the undersigned,        , declare that I wish to cancel my Order No.        , placed on (date) /   /   /   .

Issued        in        on        .

Signature: