TERMS AND CONDITIONS OF USE
« GTC » means the present General Terms and Conditions of Use.
« Vertigo Media Performance »: refers to the company Vertigo Media Performance SL, registered in the Commercial Register of Barcelona under the number B65333346, whose registered office is located at 75 Calle Ecquador 08029 Barcelona, contact@VertigoMediaPerformance.com
« Partner »: means any legal person(s) providing product(s) and/or service(s) with whom Users are put in contact using the Vertigo Media Performance Intermediation Service.
« Complementary Service »: means the service(s) other than the Intermediation Service, as specified in article 2 of the TOS.
« Intermediation Service »: means the service of putting Users in contact with one or more Partners, as specified in Article 2 of the GCU.
« Service » means the Intermediation and Complementary Services, taken as a whole.
« Site » means the Vertigo Media Performance.com site and all web pages from which the Services offered by Vertigo Media Performance are accessible to Users.
« User » means any individual or legal entity using one of the Services offered by Vertigo Media Performance.
2. Who are we?
2.1 On the one hand, Vertigo Media Performance is a service provider company specializing in digital marketing brokerage. Vertigo Media Performance offers Users:
- (i) an Intermediation Service, consisting of putting Users, at their express request, in search of products and/or services, in contact with Partners likely to supply the products and/or services sought;
- (ii) Vertigo Media Performance will receive a fee from the Partner for this intermediation service;
- (iii) occasionally, Services Complementary to the Intermediation Service, such as allowing Users to be put in contact with Providers other than those they initially searched for, or to rate their experience with Vertigo Media Performance Services.
The User accesses the Services by clicking on content that is offered to him. On the other hand, Vertigo Media Performance does not contact the User directly during this brokerage activity to offer him its Services. Similarly, in the context of the Intermediation Service :
- (i) once the connection with one or more Partners is made, Vertigo Media Performance :
- never contacts the User, and never intervenes, in any way whatsoever, in the exchanges between them and all the consequences that could result;
- does not control the contact methods (telephone, SMS, e-mail, etc.) by which the Partner(s) will contact the User.
- (ii) Vertigo Media Performance may receive remuneration for certain contracts that the User may conclude with one or more Partners with whom he or she has been put in contact; in this case, you should know that Vertigo Media Performance does not intervene in the negotiation and/or conclusion and/or execution of contracts thus concluded.
2.2 Vertigo Media Performance also designs, markets and implements loyalty and customer relations services for its own account or that of its Partners.
In this context, Vertigo Media may directly solicit Users by sending communications about services and/or products from Partners for commercial prospecting purposes, on behalf of the latter.
3.1 The purpose of these GTC is to govern the relationship between Vertigo Media Performance, on the one hand, and Users, on the other hand, when they browse the Site and/or use Vertigo Media Performance Services. In this regard, these GTUs materialize the contract concluded between Vertigo Media Performance and the Users.
3.2 The fact of using the Site and/or the Services implies the Client’s full and unreserved consent to these GCU. To this end, the Company invites the Client to carefully read the GTC. The Client declares and guarantees that he/she has read and understood the GTC. Before using the Services, the User may be required to expressly accept the TOS. In such a case, the User will not be able to use the Services if he/she does not accept the TOS.
This page informs Users of the cookies used on the Site and how to manage their consent to the use of these cookies.
4. Accessibility to services
4.1 The Services are accessible from the Site. Access to the Site requires an Internet connection and a device that can browse the Internet.
4.2 Vertigo Media Performance will make every effort to keep the Site accessible and performing without undue delay or difficulty. However, Vertigo Media Performance cannot guarantee uninterrupted or trouble-free access to the Site. In particular, Vertigo Media Performance may be required to carry out maintenance and/or update operations on its Site, in particular to adapt its content and/or integrate changes to the Services. In addition, Vertigo Media Performance cannot guarantee uninterrupted operation of the Internet network.
4.3 Users are personally responsible for setting up and updating the computer and telecommunications resources required to access the Site. Any related costs are at their sole expense.
4.4 Vertigo Media Performance draws the attention of the Users to the fact that the Internet network is not perfectly secure. It is their responsibility to take all appropriate measures to protect their data, software and devices.
5. Use of the services
5.1 To benefit from the Intermediation Service and thus be put in contact with one or more Partners, the User must
- (i) fill in the fields indicated by an asterisk (*) or by a « required field » indication, until the end of the Site interface; the other fields are optional;
- (ii) submit the application, following the instructions that appear on the screen at the end of the Site interface.
Example of partners (non exhaustive list):
5.2 The matchmaking request may not be successful if:
- (i) the User does not complete the process of submitting the match request;
- (ii) the information provided, in particular the data enabling Partners to contact Users, is incorrect.
5.3 When the User of the Intermediation Service acts as a consumer within the meaning of the introductory article of the French Consumer Code, he/she shall request the immediate execution of the contract to establish contact with one or more Partners and shall expressly waive his/her right of withdrawal, within the meaning of Article L. 221-25 of the French Consumer Code. In order to validate his request to be put in contact, the User must expressly waive his right of withdrawal, by following the instructions that appear.
5.4. Once the User has submitted a request to be put in touch with a partner, Vertigo Media Performance will process the request received. At this time, Vertigo Media Performance may contact you to confirm the information provided. Once your request has been processed and validated by Vertigo Media Performance, your information will be transferred to one or more of the said Partners within 24 working hours of your request being validated.
5.5. Additional Services are occasionally offered to Users, in addition to the Intermediation Service. These Additional Services are optional: Users are never obliged to use them to benefit from the Intermediation Service.
The Services offered by Vertigo Media Performance to Users are free of charge, subject to the cost of the computer and telecommunications resources required to access the Site.
7. Obligations of users
7.1 In general, Users agree to use the Site and Services in accordance with their legal and regulatory obligations.
7.2 In particular, Users agree to:
- (i) not use the Site and Services for fraudulent or malicious purposes, including but not limited to harming ;
- (ii) not intentionally disrupt the operation of the Site and the Services;
- (iii) not to use the Site and the Services for commercial purposes;
- (iv) not to use the Site and the Services by misappropriating and/or impersonating any other person or entity.
7.3 When the Site includes free fields, Users guarantee that the information entered :
- (i) that it does not contain any false, denigrating, defamatory, inciting to hatred, apology of terrorism and / or unlawful harassment against any person or entity, in accordance with the Law of July 29, 1881 on the freedom of the press and the Law of June 24, 2020 to fight against hateful content on the Internet ;
- (ii) do not infringe on the privacy or image of third parties, including the rights of natural persons relating to their personal data, in accordance with Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the Law on information technology, files and freedoms.
8. Intellectual property & image
8.1 The Site, whether in its entirety or in the elements that make it up individually, whatever they may be (in particular the texts, illustrations, photographs, logos, products, software, source codes or any graphic, sound, interactive, video or multimedia elements, etc.), are protected by intellectual property rights (in particular the rights to trademarks, copyrights, designs and models, patents, sui generis databases, etc.). These rights are the exclusive property of Vertigo Media Performance, its Partners and/or third parties. Consequently, any use of these elements (in particular reproduction, communication, downloading, modification, translation, etc.), in whole or in part, requires the prior written consent of Vertigo Media Performance and/or their owner, except where authorized by law.
8.2 The Site is also likely to contain elements, whatever they may be (notably images, voices, etc.), representing all or part of the image of a physical person. Consequently, any use of these elements (in particular reproduction, communication, downloading, modification, translation, etc.), in whole or in part, requires the prior written consent of Vertigo Media Performance and/or the person concerned, except where authorized by law.
8.3 These GTUs and all of Vertigo Media Performance’s legal documentation are the exclusive property of Vertigo Media Performance. It is strictly forbidden to use or imitate, in whole or in part, any of these elements without the prior written consent of Vertigo Media Performance.
9.1 Vertigo Media Performance shall use its best efforts to keep the Services operational and accessible without undue delay or difficulty for Users. Vertigo Media Performance is bound by an obligation of means, unless otherwise provided by law.
9.2 When the User acts as a consumer within the meaning of the first article of the Consumer Code, Vertigo Media Performance shall not be held liable for any damage caused by the non-performance, in whole or in part, of these GTUs when the non-performance results from :
- (i) User’s fault;
- (ii) the unforeseeable and insurmountable act of a third party;
- (iii) an event of force majeure.
9.3 When the User acts as a professional within the meaning of the first article of the Consumer Code, Vertigo Media Performance’s liability towards Users is limited to direct material damage caused by the non-performance, in part or in whole, of these GCU, to the exclusion of any other damage.
9.4 Vertigo Media Performance shall not be held liable for any dispute arising between a User and the Partner(s) with whom he or she has been put in contact, Vertigo Media Performance being a third party to any relationship that may arise between the latter, regardless of the cause.
9.5 Hyperlinks may be inserted on the Site and direct Users to websites that are third parties to Vertigo Media Performance. Vertigo Media Performance draws the User’s attention to the fact that it has no control over these Internet sites. Consequently, the User acknowledges that Vertigo Media Performance is not responsible for the accuracy of their content, nor for their compliance with the legislation in force.
10. Changes and updates
10.1 Vertigo Media Performance reserves the right to modify its TOS at any time to adapt them to changes in the Site, the Services and/or legislation.
10.2 The new provisions of the GCU will be opposable to the Users only as from their on-line publication on the Site. If required by law, the updated GTUs will be communicated to them beforehand and/or they will be invited to accept them expressly. In the latter case, Users who do not accept the modified TOS may not use the Services.
11.1 In the event that any of the provisions of the TOS are held to be invalid, void or unwritten by virtue of a legal or regulatory provision or a court decision having the force of res judicata, the other provisions shall remain in force.
11.2 The fact of not availing oneself of any of the provisions of the GCU shall not be interpreted as a waiver of the right to avail oneself of said provision at a later date.
12. Applicable Law and Jurisdiction
12.1 The TOS are governed by Spanish law.
12.2 When the User is a consumer as defined in the preliminary article of the Consumer Code, in the event of a dispute relating to the execution of the GTU:
- (i) the User has the possibility, before any legal action is taken, of resorting to an amicable solution and in particular to a conventional mediation procedure or to any other alternative dispute resolution method. In particular, the User and/or Vertigo Media Performance may resolve a dispute through the online dispute resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr/. From this platform, the parties may file an online appeal against the other, who will be informed of this. The User and Vertigo Media Performance will together choose an alternative dispute resolution body to which the Dispute Resolution platform will refer the dispute;
- (ii) in the absence of an amicable agreement, the Spanish courts will have exclusive jurisdiction to deal with any dispute arising with Vertigo Media Performance relating to the interpretation, validity and/or execution of the GTU and, more generally, to their contractual relations and its consequences.
12.3 When the User acts as a professional within the meaning of the first article of the Consumer Code, the courts of the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to deal with any dispute arising with Vertigo Media Performance relating to the interpretation, validity and/or execution of the GTUs and, more generally, to their contractual and commercial relations and their consequences.
12.4 If the User, regardless of his or her status, resides or is established in a country other than France, he or she shall not be deprived of the public policy provisions of the law of the country in question, which cannot be waived.
Update date: June 8,, 2023