General Terms of Use

In force as from 10/06/2025

Please read these general terms of use carefully.

BALESS, a company incorporated under French law, has as its principal activity data processing and Internet hosting.

In the course of its activities, it publishes and operates the websitewww.konfian.com.

BALESS SAS

Share capital: €500.00

Registered office: 91210 Draveil, France

RCS Evry 852 923 556

VAT FR17852923556

BALESS may be contacted:

-      By post: BALESS, 91210 Draveil, France.

-      By e-mail:contact@konfian.com.

-      Via the online contact form.

1. PURPOSE

The purpose of these General Terms of Use (CGU) is to govern the conditions of use of this websitewww.konfian.com(hereinafter the “ Site ”), and they apply to all relations between BALESS (hereinafter “ BALESS ”) and any natural or legal person browsing, registering on or using the services on the Site (hereinafter the “ Users ”).


2. SCOPE

These CGU are entered into between BALESS and any User, hereinafter together the “ Parties ” or individually the “ Party ”.

In order to register on the Site and benefit from the services offered by BALESS, the User must read these CGU and accept them without reservation.

For the terms and conditions of the services, Users are invited to consult the General Terms of Service (CGS). For the subscription terms applicable to professional service providers, Users are invited to consult the General Terms of Subscription (CGA).


3. PURPOSE OF THE SITE

Through the Site, BALESS offers to put service professionals in contact with clients. In particular, BALESS offers the following services:

For clients looking for specific services:

-      Online directory of service providers.

-      Online appointment booking.

-      Cashback.

For professional service providers:

-      Online presentation of the business and its activity.

-      Online appointment booking.

-      Diary.

Access to the Site is free of charge. Nevertheless, BALESS reserves the right, subject to the prior and express consent of the User, to charge usage fees. Failing such consent, the User will no longer be able to use the features of the Site.

Before registering on the Site, the User is invited to browse the Site, to read all the necessary and essential information and thus to verify that the Site is suited to his or her needs.


4. USER ACCOUNT

In order to benefit from the various services offered by BALESS, the User must first create a user account on the Site by completing the online registration form provided for that purpose.

The User must have full and complete capacity to contract with BALESS. A User who is a natural person must be of legal age and have the legal capacity to contract and to use the Site in accordance with these CGU. Where it is created on behalf of a legal person, the user account is deemed to have been created by a person having the capacity and authority to bind that legal person.

The User undertakes to provide truthful and complete data, not to infringe, in any manner whatsoever, the rights of third parties, to keep the requested data up to date and to correct spontaneously any errors affecting them. BALESS reserves the right to request supporting documents at any time.

The User will receive confirmation of the creation of his or her user account by e-mail.

The login credentials (username and password) are unique, personal and strictly confidential. The User undertakes to use them personally, not to disclose them to third parties and to notify BALESS without delay of any theft or breach of confidentiality of the said credentials as soon as he or she becomes aware of it.

The User may, at any time, request the deletion of his or her user account by making a request by e-mail or by following the online procedure provided for that purpose in his or her user account. The deletion of the user account automatically entails the immediate termination of any contract in progress concluded between BALESS and the User on the Site, without compensation or refund.


5. SERVICE LEVEL

The User shall be personally responsible, at his or her sole expense, for the acquisition, installation, maintenance and connection of the various configuration elements and telecommunication means necessary to access the Site. It is likewise his or her responsibility to subscribe to the telecommunication subscriptions necessary to access the Site.

Only BALESS is authorised to carry out, directly or through third parties, corrective maintenance of the Site, without this imposing on it any maintenance obligation whatsoever.

The User may report any anomaly in connecting to, browsing or using the Site.

BALESS may develop the Site by means of updates. These updates may be corrective in purpose, but BALESS reserves the right to develop, replace or remove certain features of the Site, in particular with a view to improving the Site or bringing it into compliance with the applicable regulations.

BALESS reserves the right to charge for access to the various updates or to any specific features, subject to the prior and express consent of the User. Failing such consent, the User will not be able to benefit from the updates or features concerned. These updates and features may be subject to separate terms.

The User is informed that access to the Site may be temporarily interrupted in the event of maintenance or updating by BALESS. The User will be informed of this by means of a notification on the home page of the Site. No compensation shall be due to the User on account of this temporary unavailability of access to the Site.

The User is warned of the technical hazards inherent in the Internet network and of the interruptions of access that may result from them.


6. OBLIGATIONS OF THE USER

When using the Site, every User undertakes to:

-      use the Site in accordance with the laws and regulations in force and with the provisions of these CGU;

-      use the Site in a manner consistent with its intended purpose;

-      not infringe the rights of third parties in any way whatsoever.

Furthermore, every User shall refrain from:

-      disclosing his or her login credentials to third parties or allowing third parties to use his or her user account;

-      using the Site for the purposes of competitive analysis, benchmarking, sourcing, gathering information on other Users, commercial promotion or canvassing on his or her own behalf or on behalf of a third party;

-      using a bot, a robot or any other equivalent automated process or tool or data-mining system when using the Site;

-      disrupting the normal operation of the Site or interfering with the Site, in particular by uploading a computer virus, by overloading, flooding, spamming, mail bombing or crashing;

-      using the Site with fraudulent or unlawful intent.

In the event of failure by the User to comply with any of his or her obligations under these CGU or under any law or regulation in force, BALESS reserves the right to suspend the User’s access to his or her account or to delete that account, after a formal notice that has remained unheeded for more than three (3) days.


7. LIABILITY OF BALESS

BALESS cannot be held liable where the damage results from negligence or fault attributable to the User, from the unforeseeable and insurmountable act of a third party or in the event of force majeure. Force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code (Code civil) and as defined by case law.

The services offered by BALESS are standardised solutions that have not been developed for the needs of any particular User. In any event, BALESS cannot guarantee that the Services are suited to a particular need.

BALESS acts as a mere technical intermediary within the meaning of Article 6, point 2, of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (loi pour la confiance dans l’économie numérique). BALESS may remove any content reported to it as fraudulent or unlawful.


8. INTELLECTUAL PROPERTY

These general terms do not effect any assignment of intellectual property rights to the User.

All texts, images, logos and graphical interfaces present on the Site and in all the documentation provided by BALESS, as well as the software component and the structure of the Site’s database, are protected by copyright. These rights are reserved worldwide. Consequently, any person is prohibited from copying, modifying, distributing, transmitting, disseminating, translating, extracting, performing, reproducing, publishing, assigning, licensing, transferring or exploiting in any other manner the aforementioned elements, all such uses being liable to constitute infringement.

It is prohibited to interfere with the source code of the Site in any manner whatsoever and for any reason whatsoever, including in order to correct errors or anomalies therein, without the express and prior authorisation of BALESS, the latter being solely responsible for the corrective and evolutive maintenance of the Site.

The content of the Site’s database is protected by the database producer’s right. In accordance with Article L. 342-1 of the French Intellectual Property Code (code de la propriété intellectuelle), BALESS prohibits any person from extracting and re-using the content of this database.

It is prohibited to modify or attempt to circumvent any technical protection measure applied to the Site.

Anyone who fails to respect these intellectual property rights is liable to legal proceedings.


9. PERSONAL DATA

In connection with these terms, BALESS, as data controller, collects and processes personal data. BALESS undertakes to comply with the regulations in force on the protection of personal data, and in particular Regulation (EU) No 2016/679 on the protection of natural persons with regard to the processing of personal data (GDPR) and French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties (loi relative à l’informatique, aux fichiers et aux libertés), in its version in force.

The full personal data protection charter of BALESS is available on the Site.


10. AMENDMENT OF THE CGU

These CGU may be amended unilaterally by BALESS at any time. Any amendment will be notified. The content and the date of entry into force of the new version of the CGU will be communicated to Users, who will have the possibility of deleting their user account before the new version of the CGU enters into force. Use of the services after the entry into force of the new version of the CGU will require its acceptance or, failing that, the deletion of the user account.

These CGU cancel and replace any other CGU previously accepted by the User concerning the same subject matter.


11. EVIDENCE

The Client expressly accepts the conclusion of contracts by electronic means. The Parties recognise that an electronic signature has the same value as a handwritten signature.


12. NON-WAIVER

The fact that one of the Parties does not invoke a default or breach by the other Party of any of its contractual or legal obligations shall not be interpreted as a waiver of the right to invoke that default or breach.


13. COMPLAINTS AND MEDIATION

For any complaint, the User may contact BALESS by post, by e-mail or via the form available on the Site. In the absence of a response from BALESS within 5 working days, the complaint is deemed to have been rejected.

In accordance with Articles L. 612-1 et seq. of the French Consumer Code (Code de la consommation), the consumer, subject to Article L. 612-2, has the right to submit a request for amicable resolution by way of mediation within one (1) year from his or her written complaint to the professional.

BALESS has designated the Centre de la médiation de la consommation des conciliateurs de justice (CM2C) (Consumer Mediation Centre of Conciliators of Justice) as its consumer mediation body, which may be contacted:

-      By post: CM2C, 49 rue de Ponthieu, 75008 Paris.

-      By e-mail:cm2c@cm2c.net.

-      By using the online form available on the websitewww.cm2c.net.

The consumer may choose to use the European Commission’s online dispute resolution (ODR) platform, accessible via the following link: ec.europa.eu/consumers/odr.


14. COMPETENT JURISDICTION

Where the User is a professional, all disputes relating to the formation or performance of a contract governed by these CGU shall fall within the exclusive jurisdiction of the Tribunal de commerce d’Evry (Commercial Court of Evry), France, notwithstanding multiple defendants, third-party proceedings, warranty claims or summary proceedings.


15. APPLICABLE LAW

These general terms and any contract governed by them are subject to French law, without prejudice to the application of the mandatory provisions of the law of the country in which the consumer has his or her habitual residence.