DRAG'N SURVEY, SAS [Simplified Joint-Stock Company] with capital of 100,000 €, having its registered office at 16 Rue Jean-Baptiste MARTY, Charenton le Pont 94220, registered in Créteil Trade and Companies Register as 804 864 908, represented by its legal representative.
Director of Publication: Mr Roman STEC
Web host: GANDI SAS, 63-65 boulevard Massena, 75013 Paris.
APPLICATION: An online application for creation and management of polls, surveys, questionnaires and market studies.
ACCOUNT: USER's personal space, accessible online by means of the associated user ID and password.
USER(S): Refers to all natural persons or legal entities using the SERVICES offered by the SITE.
SERVICE(S): Online access to the functions of the APPLICATION via the SITE, hosting of data associated with use of the APPLICATION's functions. Some services are reserved for persons or entities which have paid the corresponding subscription price.
SITE: The website accessible at the address www.dragnsurvey.com
The present General Terms apply to all the SERVICES. This version cancels and replaces prior versions.
All USERS are subject to the present General Terms, which they acknowledge that they have read and accepted, without any restriction or reserve.
To use the SERVICES, each USER must have a broadband Internet connection (paid by them and not included in the price of access to the SERVICES) and the following applications :
DRAG'N SURVEY may inform the USER (by email or Internet display) of the need to update certain browsers as required, or to install certain additional applications.
USERS accept that if they do not implement the required updates they may no longer be able to access all or part of the SERVICES, or that the SERVICES may operate with degraded performance.
To access the SERVICES USERS must first create an account. Accounts may be created and used only by major persons who have legal capacity.
By creating an account the user acknowledges that they have understood the essential characteristics of the SERVICES and the price of them from the information supplied on the SITE.
Accounts are created online, by completing the form fields. Form fields which are obligatory are shown, and failure to answer these obligatory fields prevents an account from being created.
Information provided by the USER when they create the account must be accurate, and if applicable must be updated using the dedicated forms on the SITE.
A USER who has registered with fanciful information, or information which has not been updated, may fail to be recognised, in the event of a dispute, by DRAG'N SURVEY as a USER authorised to use the SERVICES or to make a complaint.
Accounts are strictly personal. They may not be assigned, transferred, leased or loaned.
USERS are responsible for the security of the details used to log in to their account. It is their responsibility to keep them in a confidential, secure manner. The USER acknowledges that it is liable for the logon details, and that it bears full responsibility for any consequences which may result from use made by third parties having gained knowledge of them. Any loss or involuntary disclosure of elements which may enable a third party to learn the logon details must be brought immediately to DRAG'N SURVEY's attention, in order that the logon details can be invalidated as rapidly as possible.
The USER is recommended to log out of the ACCOUNT when it has finished using the SERVICES.
The prices given on the SITE are in Dollars including all taxes (price including taxes). DRAG'N SURVEY reserves the right to modify its prices at any time. Prices are valid for such time as they are displayed on the SITE.
Access to the "professional account" SERVICE is condition on payment of the subscription price.
Access to the "professional account" SERVICE is obtained within a period of 1 hour maximum after payment.
Subscription orders must be paid for immediately. All subscriptions are payable in cash in advance, and cannot be reimbursed.
However, you have the right to withdraw from the present contract without giving any reason within a period of fourteen days.
The withdrawal period expires fourteen days after the date on which the contract is concluded. To exercise the right of withdrawal you must inform us of your decision to withdraw from the present contract by making an unambiguous declaration, preferably by registered letter.
In order to withdraw before the deadline, all you need to do is to send your communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
If you withdraw from the present contract, we shall repay to you all the payments received from yourself, without any excessive delay and, in any event, at the latest fourteen days from the date on which we are informed of your decision to withdraw from the present contract. We shall make the repayment using the same payment method as the one which you used for the initial transaction, unless you agree expressly to a different method; in any event this reimbursement shall not result in any costs for you.
In any event, by using your account after paying for the subscription, you expressly waive any applicable right of withdrawal.
The subscription price is paid online through the Systempay operator. Until the operator informs both the USER and DRAG'N SURVEY that payment has been made the subscription cannot be considered to be paid. If payment is accepted by the operator, but it is subsequently rejected (in particular due to an objection or fraudulent use of a means of payment) DRAG'N SURVEY may terminate or suspend the subscription as of right without legal formality or notice.
Suspension or termination of the subscription does not entail any abandonment by DRAG'N SURVEY of its right to obtain full payment of sums due to it.
In the event of a dispute relating to payment, the operator's information system shall have probative force between the parties.
USERS enjoy a non-exclusive, non-transferable, personal and temporary right to use the functions of the APPLICATION.
The APPLICATION is provided as a service, which is accessible by Internet. The USER acknowledges and accepts that access to the functions of the APPLICATION is obtained exclusively through an Internet browser using the user ID details associated with the account. USERS are not sent any executable file of the APPLICATION.
DRAG'N SURVEY reserves the right to correct the APPLICATION. USERS undertake not to make any copy of all or part of the APPLICATION.
USERS are not authorised to allow access to all or part of the APPLICATION to a third party, whether or not for payment.
In order not to disrupt satisfactory operation of the APPLICATION, it is prohibited to use the APPLICATION using procedures not described in the online user documentation (in particular through the use of scripts or programs other than Internet browsers).
USERS receive updates of the APPLICATION without additional costs, and consequently accept that DRAG'N SURVEY may, without notice, and at any time, modify the functions of the APPLICATION by adding, deleting or modifying the latest version.
Only users who have paid for a subscription to the "professional account" SERVICES can access the SERVICES reserved for this type of account during the term of their subscription.
DRAG'N SURVEY reserves the possibility of terminating access to "free account" functions at any time.
USERS undertake that the use they shall make of the APPLICATION's functions shall not be contrary to the laws and regulations in force, and shall not prejudice the rights of third parties, or public order or public decency.
It is, in particular, but not exclusively, strictly prohibited:
Use of the functions to send unsolicited emails, or in a manner which does not comply with law n° 78-17 of 6 January 1978 relative to computing, files and freedom, is strictly prohibited.
DRAG'N SURVEY hosts the USER's data relating to use of the APPLICATION for the full term of the subscription, and subject to the maximum storage space specified on the SITE.
DRAG'N SURVEY reserves the possibility of terminating hosting services of the "free account" at any time.
The USER is liable for its compliance with the provisions of the Computing and Freedom law, with regard to personal data hosted on its behalf by DRAG'N SURVEY. The USER is therefore liable for processing the personal data associated with its account in the sense of law n° 78-17 of 6 January 1978 relative to computing, files and freedom.
The USER undertakes that the data hosted by DRAG'N SURVEY shall not be contrary to the laws and regulations in force, and shall not prejudice the rights of third parties, in particular in terms of intellectual property.
DRAG'N SURVEY may subcontract hosting of the data to a professional Web host.
It is the user's responsibility to back up hosted data. DRAG'N SURVEY does not provide any backup service.
The SERVICES are accessible 24 hours a day, subject to accidental interruptions (malfunction, error, termination of network connections), or interruptions which are required for the satisfactory operation of the SERVICE.
In particular, DRAG'N SURVEY reserves the option to interrupt the SERVICE for the requirements of performing maintenance operations (change of hardware, correction of errors, updates, correction of security flaws), and undertakes, as far as possible, and subject to exceptional situations, to undertake these interruptions during periods of non-use or of lesser use of the SERVICE by the USER.
DRAG'N SURVEY is not liable to pay any compensation of any kind whatever, or to reimburse the subscription price, due to these interruptions.
The USER is solely liable for use of the SERVICES and bears alone the risks relating to their use. Surveys, polls, questionnaires and market studies are undertaken under the USERS' full and complete liability, and DRAG'N SURVEY intervenes solely in a capacity of publisher of an application provided as a service (ASP application).
The USER acknowledges that it has received from DRAG'N SURVEY all information relating to the SERVICES, in order that it may assess their suitability for its requirements.
DRAG'N SURVEY may not, in particular, be held liable for damages incurred by the USER relating in particular :
Should DRAG'N SURVEY's liability towards a USER be accepted by an enforceable or definitive legal ruling, this ruling is capped at the value of the subscription paid at the time of the occurrence of the intervening fact having caused the prejudice, or to one year's subscription price. DRAG'N SURVEY's contractual liability lapses contractually by limitation three (3) months after the intervening fact whereby it can be held liable.
Should DRAG'N SURVEY or of one of its directors or employees be held liable by a third party as a consequence of the actions of a USER, the USER undertakes to compensate DRAG'N SURVEY for all damages, costs (counsels, bailiffs, experts), and to pay all costs.
DRAG'N SURVEY may under no circumstances be held liable for direct or indirect, tangible or intangible, corporeal or incorporeal damage relating to use of the APPLICATION, the SITE or the SERVICES, including operating losses or financial losses resulting from use or an impossibility of using the SERVICES.
The SERVICES are provided "as is", without a guarantee of any kind whatever. DRAG'N SURVEY does not, in particular, guarantee that the SERVICES do not have operating errors or anomalies. DRAG'N SURVEY does not guarantee any quantitative or qualitative result, or any degree of performance.
DRAG'N SURVEY does not guarantee that the APPLICATION shall be compatible, or interoperable, with any application, hardware, or database format. DRAG'N SURVEY does not guarantee any reversibility of any kind whatever.
DRAG'N SURVEY does not make any checks and does not implement any moderation before onlining polls, surveys or studies, which are under the USER's full and complete liability at all times.
The user acknowledges and accepts that the hosted data may no longer be accessible at the term of the subscription, and that DRAG'N SURVEY may destroy the hosted data without delay or notice on conclusion of the subscription.
The USER acknowledges and expressly accepts that DRAG'N SURVEY is released from its obligations under the present contract in the event of a case of force majeure. In addition to the cases of force majeure habitually recognised by the laws and courts, cases of force majeure in the sense of the present contract are constituted by interruptions of the supply of electricity or of telecommunication services by the public or private operators, and legal or statutory rulings affecting the SERVICE which modify the contractual balance.
In the event of force majeure, DRAG'N SURVEY may terminate the SERVICE without delay, and subscriptions may be terminated as of right, without legal formality or compensation of any kind whatever.
Subscriptions are renewed by tacit renewal for identical terms, unless the user deactivates automatic renewal using the management options of its account.
DRAG'N SURVEY may terminate any pending subscription if the USER fails to satisfy an obligation set out in the present general terms, as of right, 24 hours after notice to remedy which has gone unheeded.
In the event of serious negligence by the USER imperilling the security of the SERVICES or DRAG'N SURVEY, if the applicable legislation is not observed, or in the event of a prejudice to the rights of third parties, or a breach of public order or public decency, DRAG'N SURVEY may suspend or terminate the offending USER's account without notice. Use of the email functions for SPAM purposes shall lead immediately to suspension or termination of the SERVICES.
By the present clause, the parties intend expressly that they may be able to implement, as an exemption to the provisions of articles 1184 and following of the Civil Code, such an extrajudicial termination of the SERVICES instead of legal resolution of them.
After termination, the logon details allowing access to the SERVICE are invalidated, and no SERVICE is accessible.
DRAG'N SURVEY obtains personal data for the requirements of provision of its services, for billing, security of the automated processing system, and to maintain a log of orders passed.
This data is not communicated to third parties, except in response to a court order or police requisition.
In accordance with the "Computing and Freedom" law of 6 January 1978 amended, the USER has a right to view and to rectify its personal data. The USER may exercise this right by accessing its account using the SITE's dedicated interface.
The USER may also exercise its right of access by sending a letter, stating its surnames, first names and address, accompanied by a copy of their national identity card (or passport) to the following address :
16 Rue Jean Baptiste MARTY
94220 – Charenton le Pont
In its capacity of entity responsible for processing personal data, the USER undertakes to reply to persons requesting a right to view and to rectify their personal data following use of the SERVICES.
All the content accessible through the SERVICES or the SITE is protected by the provisions of the intellectual property code, and international treaties relating to copyright. All rights are reserved by DRAG'N SURVEY.
All reproductions, representations, distributions, qualitatively or quantitatively substantial extractions, re-use, modifications, adaptations, translations and arrangements of accessible content are strictly prohibited.
The right of correction relating to the APPLICATION and the SITE is reserved.
DRAG'N SURVEY is a trademark registered with INPI.
The user expressly authorizes the company DRAG'N SURVEY to mention his name and / or the name of his company and to show its logo on the site , including on the home page.
This authorization is valid for an unlimited and indefinite period. Meanwhile the company DRAG'N SURVEY is committed to withdraw from the site immediately and without notice , any reference to the name, image and / or the user's logo or business on demand .
In respect of all disputes which may arise in connection with the present contract, jurisdiction is attributed to the courts having jurisdiction of the City of Créteil (94) in France (FR).
The law applicable to the present contract is French (FR) law.