1. PURPOSE

This Website is a free service provided by BNC in order to provide a manual exchange and money transfer service.

BNC SA

4 rue Ernest Deproge

97200 Fort de France, France

Phone number : 04 93 87 99 72

Email : contact@bnc.fr

 

The Website will provide you with its services if you agree to these Terms of Use, the purpose of which is to set up the technical, practical and legal terms of the relationship between us and You.

Therefore, the Website invites you to read these Terms and Conditions of Use, which you unconditionally accept and promise to respect.

  1. DEFINITIONS

For the application of the hereby General Terms and Conditions of Use, the words and the expressions below will have the meaning below when written in capital letters.  They will have the same meaning as they are used on the plural or on the singular:

General Terms and Conditions of Use: indicates the present General Terms and Conditions of Use;

BNC / Website / We: means the website http://www.bnc.fr / and the company which operates this Website; and,

Users / You: means the person who using http://www.bnc.fr.

 

  1. WEBSITE ACCESS

The access to the Website is open to adults.

On a technical point of view, the Website access is allowed 24 hours a day and 7 days per week, unless in case of force majeure (as specified by French and European case law), possible breakdowns or any operation of maintenance necessary for the good running of the Website.

You recognize having the necessary skills and means to access and use the Website.  To access the Website, You shall have a computer or any other device with an internet connection and whose parameters allow for adequate access to the Website.  You declare that you are aware of the risks and accept them.  You acknowledge in particular that the information that passes through or stored there may be intercepted or altered independently of the will of the Website.

Nevertheless, it is strongly recommended that You take all necessary precautions to protect your system against the effects of piracy, in particular by adopting a secure and adapted computer configuration, through the implementation of regularly updated virus detection software.

As an individual, you finally undertake not to use the services offered by BNC for commercial, marketing, solicitation and advertising purposes.  If BNC becomes aware in any way whatsoever of fraudulent use of its services, it reserves the right to terminate the contract, without prior warning or compensation, and to refuse future access to all or part of its services to the person who has misappropriated or fraudulently used its services.

  1. DISCLAIMER OF LIABILITY

BNC could not be held liable for any dysfunction, impossibility of access or bad condition of this equipment, to the Internet access provider, to the congestion of the Internet network, or any other reason outside BNC.  Obviously, the expenses of electronic or phone communications linked with the use of this equipment are exclusively burdened by the User and will not be supported by BNC.

You acknowledge that BNC reserves the right to modify, temporarily or permanently discontinue all or part of the services. BNC may not be held liable in the event of temporary, partial or total unavailability of the Website, in particular in the event of maintenance, in the event of a technical incident and, more generally, in the event of an event beyond its control.

Finally, you acknowledge that BNC, as an host, is not responsible for the content of the comments posted there, which are the responsibility of their authors.  However, BNC may be held liable if it is proven that it has been informed of clearly illegal content and has not acted promptly to remove it.

  1. INTELLECTUAL PROPERTY RIGHTS

BNC and all the elements which compose it in particular the marks, logos, photographs, programs, data, data bases, images animated or not, sounds, drawings, graphics, videos or texts and other than those relating to links towards third sites are the property of BNC or are the object of a license granted to its profit by any holder of intellectual property rights.

All these elements are subject to the provisions of the intellectual property code and, as such, are protected against any unauthorized use by law or these General Conditions of Use under penalty – in the event of failure – of legal proceedings. The Website’s consultation does not imply any license or assignment of rights with respect to the Website elements, except as expressly provided on the Website.  Any copy, reproduction, representation, adaptation or modification, distribution, in whole or in part, of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever, is unlawful, unless prior agreement has been obtained from the Director of Publication or the holder of the rights relating to the Website element in question.

You are authorized to consult, view and download the documents and information available under the following conditions:

  • the documents may be used only for personal purposes, for information and in a strictly private context in accordance with Article L. 122-5 2° of the intellectual property code;
  • documents and information cannot be modified in any way.

The rights granted to you constitute a simple authorization of use and in no case an assignment of the intellectual property rights relating to the elements of the Website. All distinctive signs, logos and trademarks appearing on the Website are the property of or licensed to BNC and are protected by the provisions of the Intellectual Property Code and the Civil Code relating to trademark law, design law and civil liability.

 

Any unauthorized use of the Website’s content or information, in particular for commercial exploitation, may be prosecuted on the basis of an action for infringement and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question.

  1. MODIFICATION

BNC reserves the right to modify the hereby General Terms and Conditions of Use.  These modifications will come into effect as soon they are activated on the Website.

For this reason, the BNC encourages the Users to regularly consult the Website and the hereby General Terms and Conditions of Use pursuant to an evaluation of its service.

  1. ABSENCE OF WITHDRAWAL – TERMINATION – IMPREVISION

In accordance with these General Conditions of Use, You acknowledge that the services to which You have subscribed consist of contracts for the supply of goods or services, the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period, and cannot therefore be the subject of the right to withdraw.

BNC reserves the right to close your account, after a formal notice and 7 days notice, in the event that you do not respect your obligations under these Terms of Use.

Your obligations, like those of BNC, may be suspended in the event of force majeure in accordance with these General Conditions of Use. In the event that the force majeure event lasts more than thirty (30) days, your account will automatically be closed without you or BNC being able to claim any financial compensation.

  1. CONTRACT ASSIGNMENT

As part of the transfer of the company to a third party, the hereby General Terms and Conditions of Use binding BNC to You will automatically be transferred to the assignee if the assignment does not result in a reduction of Your rights.

  1. CONVENTION OF PROOF

According to Article 1367 of the Civil code, the checking of the box by the User made in conformance with the acceptance of the hereby General Terms and Conditions of Use, establishes an electronic signature which has, between the parties, the same value as the handwritten signature.

More generally, You acknowledge that any document subject to this procedure constitutes literal proof as well as, even without such procedure, any electronic mail exchanged between BNC and You, so that any correspondence or agreement produces its legal effects to the operation in question in the same way as if it were signed by a hand-written signature.

Unless proof to the contrary is recognized as valid by a court, any electronic mail exchanged between BNC and You is opposable not only in a respective manner, but also against any third party beneficiary with the same probative force as a written document on paper.

  1. MEDIATION

In the event of a dispute related to the application and/or interpretation of the hereby General Terms and Conditions of Use, You have the possibility to use a conventional mediation procedure or any other alternative dispute resolution method.

For the individual user, any conflict or dispute known as consumer disputes, subject to contrary provisions of the Consumer Code or any other applicable provision, can be the subject of an amicable settlement by mediation with the online dispute resolution platform. To submit a dispute to the Consumer Ombudsman, the user can fill out the online dispute resolution platform form by clicking here.

  1. GOVERNING LAW / JURISDICTION

The hereby General Terms and Conditions of Use are governed by, construed and applied in accordance with French law.

Any legal disputes arising from the construing, modification, implementation, or rescinding of the hereby General Terms and Conditions of Use will, in the absence of an amicable settlement, be under the exclusive jurisdiction of French courts.

  1. LANGUAGE

The hereby General Terms and Conditions of Use are available in French and English. Together, they form one document. However, in the event of any objections or discrepancies between the two versions, the French version will prevail.