GENERAL CONDITIONS OF USE
« GCU »: refers to these General Terms and Conditions of Use.
« Vertigo Media Performance » : refers to the company Vertigo Media Performance SL, registered in the Mercantile Registry of Barcelona under number B65333346, whose registered office is located at 75 calle Ecquador 08029 Barcelona, contact@VertigoMediaPerformance.com
« Partner » : refers to any legal entity(ies) supplier(s) of product(s) and/or service(s) with which Users are put in contact using the Vertigo Media Performance Intermediation Service.
« Complementary Service » : refers to the service(s) other than the Intermediation Service, as specified in Article 2 of the GTCU.
« Intermediation Service » : refers to the service of connecting Users with one or more Partners, as specified in Article 2 of the GTCU.
« Service » : refers to the Intermediation and Complementary Services, taken as a whole.
« Site » : refers to the Vertigo Media Performance.com site and all web pages from which the Services offered by Vertigo Media Performance are accessible to Users.
« User » : refers to any natural or legal person 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 specialized in digital marketing brokerage. Vertigo Media Performance offers Users:
· (i) an Intermediation Service, consisting in putting Users, at their express request, in search of products and/or services, in relation with Partners likely to provide the products and/or services sought;
· (ii) Vertigo Media Performance receives remuneration from the Partner in connection with this intermediation service;
· (iii) occasionally, Services Complementary to the Intermediation Service, such as allowing Users to be connected
with Providers other than those subject to their initial research, or to note their experience of the Vertigo Media Performance Services.
The User accesses the Services by clicking on content offered to him. On the other hand, Vertigo Media Performance does not contact the User directly during this brokerage activity to offer him his Services. Similarly, as part of the Intermediation Service:
· (i) once the connection with one or more Partners has been completed, Vertigo Media Performance:
o never contacts the User, and never intervenes, in any way whatsoever, in the exchanges between the latter and all the consequences that may result;
o does not control the contact methods (phone, SMS, e-mail, etc.) according to which the Partner(s) will come into contact with
· (ii) Vertigo Media Performance may receive remuneration on certain contracts that the User may conclude with one or more Partners with which he or she has been put in contact; in this case, please be aware that Vertigo Media Performance does not intervene in the negotiation and/or the
conclusion and/or performance of the contracts thus concluded.
2.2 On the other hand, Vertigo Media Performance also has as its activity, the design, marketing and implementation of loyalty and customer relationship management services on its own behalf or that of its Partners.
In this context, Vertigo Media is required to directly solicit Users by sending communications on services and / or products of Partners for commercial prospecting purposes, on behalf of the latter.
3.1 The purpose of these GTCU 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 T&Cs 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 full and unreserved consent of the Customer to these Terms. To this end, the Company invites the Client to read
carefully the T&Cs. The Customer declares and guarantees to have read and understood the GTCU. Before using the Services, the User may have to expressly accept the GTCU. In such a case, the User will not be able to use the Services if he does not accept the Terms.
, which informs Users of the cookies used on the Site and the methods of management of 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 to browse the internet.
4.2 Vertigo Media Performance will make every effort to keep the Site accessible and efficient without delay or undue hardship. However, Vertigo Media Performance cannot guarantee uninterrupted or disruptive access to the Site. In particular, Vertigo Media Performance may be required to carry out maintenance and/or updates of 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 IT and telecommunications resources necessary to access the Site. Any related costs are their sole responsibility.
4.4 Vertigo Media Performance draws the attention of 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 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 an indication « mandatory field », until the end of the interface of the Site; the other fields are optional;
· (ii) submit his request, following the instructions that appear on the screen at the end of the interface of the Site.
Example of partners (non-exhaustive list):
5.2 The request for connection is likely not to succeed if:
· (i) the User does not complete the process of submitting the connection request;
· (ii) the information provided, in particular the data allowing the Partners to contact the 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 Consumer Code, the latter requests the immediate execution of the contract for connecting him with one or more Partners and expressly waives his right of withdrawal, within the meaning of Article L. 221-25 of the Consumer Code. To validate his request for connection, the User must expressly waive his right of withdrawal, following the instructions that appear.
5.4. Once the connection request has been submitted by the User, Vertigo Media Performance processes the request received. On this occasion, 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 these Partners within 24 working hours after validation of your request.
5.5. Additional Services are occasionally offered to Users, in addition to the Intermediation Service. These Services
Additional are optional: Users are never required to use it to benefit from the Intermediation Service
The Services offered by Vertigo Media Performance to Users are free of charge, subject to the costs of the IT and telecommunications means necessary to access the Site.
7. Obligations of users
7.1 In general, Users undertake to use the Site and the Services in accordance with their legal and regulatory obligations.
7.2 In particular, Users undertake to:
· (i) not to use the Site and the Services for fraudulent or malicious purposes, including for the purpose of harm;
· (ii) not to intentionally disrupt the operation of the Site and Services
· (iii) not to use the Site and Services for any commercial purpose;
· (iv) not to use the Site and the Services by diverting and/or impersonating a third person or entity.
7.3 When the Site contains free fields, Users guarantee that the information provided:
· (i) that they do not contain any false, denigrating, defamatory, inciting hatred, glorification of terrorism and/or unlawful harassment of any legal and/or natural person, in accordance with the Law of 29 July 1881 on freedom of the press and the Law of 24 June 2020 to combat hateful content on the Internet;
· (ii) do not infringe 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 individuals with regard to the processing of personal data and on the free movement of such data and the Data Processing Act, files and freedoms.
8. Intellectual property & image
8.1 The Site, whether as a whole or in the elements that compose it individually, whatever they are (in particular texts, illustrations, photographs, logos, products, software, source codes or any graphic, sound, interactive, video, multimedia, etc.), are protected by intellectual property rights (including trademark rights, author, designs, 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 permitted by law.
8.2 The Site may also contain elements, whatever they may be (including image, voice, etc.), representing all or part of the image of a natural 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 permitted by law.
8.3 These T&Cs and all Vertigo Media Performance legal documentation are the exclusive property of Vertigo Media Performance. It is strictly forbidden to reproduce 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 makes 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 the law provides otherwise.
9.2 When the User acts as a consumer within the meaning of the introductory article of the Consumer Code, Vertigo Media Performance cannot be held liable for any damage caused by the non-performance, partial or total, of these Terms when the non-performance results from:
· (i) the fault of the User;
· (ii) the unforeseeable and insurmountable fact of a third party;
· (iii) an event of force majeure.
9.3 When the User acts as a professional within the meaning of the introductory article of the Consumer Code, Vertigo Media Performance’s liability towards Users is limited to material and direct damage caused by the non-performance, partial or total, of these Terms, to the exclusion of any other damage.
9.4 Vertigo Media Performance cannot be held liable for any dispute arising between a User and the Partner(s) with whom he/she has been put in contact, Vertigo Media Performance being a third party to any
relationship that may arise between the latter, whatever the cause.
9.5 Hypertext links may be inserted on the Site and direct Users to third-party websites to Vertigo Media Performance. Vertigo Media Performance draws the User’s attention to the fact that it has no control over these websites. Consequently, the User acknowledges that Vertigo Media Performance is neither responsible for the accuracy of their content, nor for compliance with the legislation in force by them.
10. Changes and updates
10.1 Vertigo Media Performance reserves the right to modify its GTCU at any time to adapt them to changes in the Site, services and/or legislation.
10.2 The new provisions of the GTCU will only be enforceable against Users from the moment they are posted on the Site. If the legislation so requires, the GTCU thus updated will be communicated to them in advance and/or they will first be invited to accept them expressly. In the latter case, Users who do not accept the GTCU thus modified will not be able to use the Services.
11.1 In the event that one of the provisions of the GTCU is considered null and void, null and void or unwritten by virtue of a legal, regulatory or judicial decision having the force of res judicata, the other provisions will remain in force.
11.2 The fact of not availing oneself of any of the provisions of the GTCU shall not be construed as a waiver of the right to avail oneself subsequently of the said provision.
12. Applicable law and jurisdiction
12.1 The GTCU are governed by Spanish law.
12.2 When the User acts as a consumer within the meaning of the introductory article of the Consumer Code, in the event of a dispute relating to the execution of the GTCU:
· (i) the User has the possibility, before any legal action, to resort to an amicable solution and in particular to a conventional mediation procedure or any other alternative method of dispute resolution. 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 can file an online appeal against the other, who will be
Informed. The User and Vertigo Media Performance will jointly choose an out-of-court dispute resolution body to which the Dispute Resolution platform will forward the dispute;
· (ii) in the absence of an amicable agreement, the Spanish courts will have sole jurisdiction to deal with any dispute arising with Vertigo Media Performance relating to the interpretation, validity and/or execution of the GTCU and, more generally, to their contractual relations and its consequences.
12.3 When the User acts as a professional within the meaning of the introductory article of the Consumer Code, the courts within the jurisdiction of the Paris Court of Appeal will have sole jurisdiction to deal with any dispute arising with Vertigo Media Performance relating to the interpretation, validity and/or execution of the GTCU and, more generally, to their contractual and commercial relations and their consequences.
12.4 If the User, whatever his capacity, resides or is established in a State other than the France, he may not be deprived of the provisions of public order of the law of the country in question from which it cannot be derogated.
Updated: January 3, 2023