1. Acceptance of the General Conditions
Please read carefully the following information which describes the terms and conditions of use of the site as well as the terms of membership of the service offered by Opiday. The mere fact of browsing the Site, as a Visitor, means that you accept and undertake to respect without reservation all of the Conditions of Use. If you do not accept these Conditions of Use, you must neither use the Site nor register as a User benefiting from the Opiday Service. When you use the Site, you agree to comply with the Conditions of Use, which contains stipulations applicable to all Users of the Site, whether you are a Visitor or a User. Opiday reserves the right to modify these Terms of Use at any time. The new Conditions of Use then apply to any new subscription by the User to the Service Opiday. The Conditions of Use, where applicable supplemented or updated, are brought to the attention of the User at the time of subscribing to the Service and are available at any time upon simple request. If you choose to join the Service offered online by Opiday, you become a User of Opiday after checking a box to indicate that you have read the provisions of the Conditions of Use and that you you agree to respect them. If you have any comments or questions regarding the Site or Service, please email Opiday's webmaster at
[email protected] 2. Definitions
2.1. User
Refers to natural or legal persons who register on the Site in order to benefit from the Services offered by Opiday
2.2. Member Area / User Account
Refers to all the data provided by the User when registering directly on the Site and allowing them to become a User of the Service.
2.3. Terms of use
Refers to these general conditions of access to the Site.
2.4. Editor
Refers to the owner of the intellectual property rights relating to the Website published by Opiday.
2.5. Services
Refers to all the Services offered by Opiday and in particular:
2.5.1. Paid Surveys Service
This service remunerates the User for voluntary participation in surveys intended for Opiday Partners or Opiday himself.
2.6. Site
Refers to the website published by Opiday allowing the latter to offer the Service for the benefit of Users, and accessible at the URL opiday.com
2.7. Visitor
Refers to natural persons who visit the Site, without having the status of User. By using this Site, the Visitor expressly accepts those of the Conditions of Use which apply to him.
2.8. Advertisers, Partners
Refers to partner companies distributing their product or service offers through Opiday.
3. Site Editor
3.1.
The Opiday site is published by the company
Riba Media SASU, France. (hereinafter “the publisher”), registered in the trade and companies register under number 982 801 318.
Riba Media : 42 Rue de Tauzia, 33800 Bordeaux (France) . You can contact us at the following address: opiday.com
3.2.
Opiday is automatically responsible to the User for the proper execution of the obligations resulting from the Conditions of Use, whether these obligations are to be executed by itself or by other service providers, without prejudice to its right of appeal against them. However, Opiday may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the User, or to the unforeseeable and insurmountable fact of a third party unrelated to the provision of the Services, or in a case of force majeure.
4. Acceptance of the Terms of Use
4.1. Formal acceptance of the Conditions of Use
4.1.1.
You can only benefit from the Service after having formally accepted the Conditions of Use in their latest version.
4.1.2.
Once your consent has been given, you can: (i) permanently access the content of the stipulations that you have accepted in your User Account; (ii) print the Terms of Use that you have accepted.
4.1.3.
In the event that Opiday modifies the Conditions of Use, a procedure for accepting the new Conditions of Use will be offered to you by Opiday as indicated in article 4.2 of the Conditions of Use. 'Use.
4.2. Modification of the Terms of Use
4.2.1.
Opiday reserves the right to modify the Conditions of Use at any time and: (i) either to inform each User in advance of the modifications made to the Conditions of Use, and to obtain the consent of each of them. between them prior to their application; (ii) either during the User's first connection to the Site after implementation of the new Conditions of Use, to make access to the Service subject to acceptance of the new Conditions of Use.
4.2.2.
The new Conditions of Use to which the User has given consent will be stored and accessible by the User in accordance with the provisions of article 4.1 of the Conditions of Use.
5. Opening a Member Area / User Account
5.1.
To register as a User and use the Services, you must first open a User Account / Member Area. This operation is carried out online on the Site, and allows you to benefit from access to the functionalities associated with opening an account in the Member Area. Opiday is accessible to any adult person (over 18 years of age) who is eligible to open a User Account as well as use the Services offered by Opiday. The use of a VPN is strictly prohibited.
5.2.
The list of functionalities offered after opening a User Account / Member Area mentioned in article 7. It is indicative, Opiday reserving the right to change the functionalities, without specific information from the User .
6. Opening and operation of the User Account / Member Area
6.1.
Data relating to the User Account / Member Area When opening their User Account, the User is solely responsible for the data they provide to Opiday. The User guarantees that the information he provides to Opiday when opening his User Account or subsequently is accurate, precise, and complete. Opiday reserves the right to request proof of identity from the User or to suspend a User Account if the information he has provided appears inaccurate, imprecise or incomplete.
6.2.
Updating User Account / Member Area data The User undertakes to systematically update the information concerning him or her.
6.3.
Passwords for access to the User Account / Member Area When you join the Services, you must choose a password. You assume sole responsibility for all activities carried out from your User Account / Member Area under your password. It is therefore up to the User to ensure strict compliance with the confidentiality of their passwords. You must immediately notify Opiday of any unauthorized use of a password, or notify Opiday if you believe that your password is no longer confidential. Opiday reserves the right to require you to change your passwords if Opiday believes that one (or more) of them no longer provides adequate security.
7. Description of Services Opiday
You create your User Account / Member Area using the registration procedure referred to in article 5. You can then access the Services, the operation of which is described below: • Paid surveys: The User may be invited to respond to paid surveys and questionnaires. Completing these surveys entitles you to a gain of varying nature and amount, which will be specified for each survey. The User undertakes to provide information as precise and exact as possible.
8. Payment of winnings – Payment deadlines – Tax obligations
8.1.
Each month, the User will receive a statement of their winnings on Opiday. These earnings will come from the Paid Survey Service.
8.2.
The User can request payment of their winnings by connecting to their Member Area as soon as they reach at least 1000 Points. This payment will be made via the TREMENDOUS payment site according to the payment methods chosen by the User. Payment will be made within 15 days after validation of the request. Opiday reserves the right to modify the payment methods offered at any time. Opiday reserves the right to refuse payment if a breach of these General Conditions is noted. The User will be informed by email of this decision. Any complaints regarding the payment of winnings can be addressed to
[email protected] 8.3.
The payment of winnings obtained using the Opiday Services constitutes taxable income. The User must complete the formalities required for the declaration of this income. The User, due to the nature of his activity, and the absence of any relationship of subordination, cannot be assimilated to an employee. He is independent. As such, he must, where applicable and relevant, complete the formalities required for personal registration with social and tax organizations, be up to date with his declarations and payments, and provide proof at any time to of Opiday so that Opiday can never be worried about this fact and is able to comply with the requirements of article D 8222-5 of the labor code. The user is notably informed of the obligation of Opiday, in the event that a user manages to earn at least €1,200 in the year, to identify and declare this User in their annual DAS2.
9. Amount of remuneration
9.1. Monetary value
Remuneration is expressed in monetary value. The remuneration is applicable, for the duration of their online accessibility, to any remuneration relating to the Services Opiday. The remuneration presented online for the Services may be modified by Opiday at any time. The modified remuneration is applicable to any remuneration for the Services carried out after their posting online.
9.2. Polls canceled
Surveys canceled by a partner platform will be deducted from Users with no time limit. The Points acquired by these canceled surveys will be deducted from the User prize pool.
10. Termination
10.1.
The User can end their registration at any time, by connecting to their Member Area / User Account to close their account online. If the User has not requested payment of his winnings before terminating his account, these winnings will be lost. If the User wishes to close his Account after requesting payment of his winnings, he must wait to receive this payment before closing his User Account; otherwise, winnings will be lost. In accordance with article 8 of the Terms of Use, Opiday only makes payments if the amount of winnings is greater than 1000 points.
10.2.
In the event of suspicion of fraud, Opiday reserves the right to suspend the User Account while awaiting supporting documents from the User (proof of identity, proof of address, etc.). In the event of proven fraud, the User will be notified by email of the closure of their account; this fraud will result in the loss of winnings accumulated in this User Account. The User is informed of the fact that Opiday reserves the right to retain information relating to the account of any User identified as a fraudster for the purposes of (i) depriving the latter of the possibility of having a new User Account , (ii) to sanction any infringement and (iii) to prevent any new infringement, in accordance with the declaration of conformity to AU-46 of the CNIL. The fraudulent User has a right of access, rectification and opposition (for legitimate reasons) to information concerning him. For additional information relating to the processing of your personal data, refer to the privacy policy or contact Opiday at the email address
[email protected] 10.3.
If the User Account is inactive for at least 365 days, Opiday will suspend the account, which results in the loss of accumulated winnings.
10.4.
In the event of the death of the User, his or her beneficiaries have the possibility to take over their Account by updating the personal data, or to request the closure of the User Account and the payment of the associated winnings if the amount thereof is greater than 1000 Points.
10.5.
User data will be kept for one year after their last connection.
11. Suspension of access to the Services
You acknowledge that Opiday may at any time, without prior notice: (i) modify all or part of the Services; (ii) interrupt or suspend all or part of the Services in the event of your non-compliance with the Terms of Use; or (iii) refuse to process all or part of the Services, suspend or close your Member Area / User Account if, according to Opiday you do not comply with one of the stipulations of the Conditions of Use or at the request of a judicial or administrative authority.
12. Account suspension / Account cancellation
Your Account may be suspended if: • Your account has remained inactive for 365 consecutive days. If your account is suspended or terminated, you may request Opiday to investigate such suspension or termination. In this case, please contact our customer service. If you believe that your account has been suspended or terminated due to an error, you must contact Opiday by email within sixty (60) days of the error, explaining in detail the cause of the dispute and describing any relevant information that appears to be abnormal. After receiving your request, we will investigate and notify you of our decision within thirty (30) days. If we need more time to decide on your request, we will notify you and make a decision as soon as possible. Any decision we make regarding these requests will be final. You can close your account at any time by visiting the section of our website relating to your account and clicking "Delete my account". The closure of your account will be effective immediately. If you have difficulty closing your account, please contact customer service. Customer service will respond to you as soon as possible. Your account will be closed immediately after deletion or if you unsubscribe from Opiday. You understand and agree that in the event of suspension, cancellation or termination of your account, as described above, your right to access the Services will be terminated and all points credited to your account upon such suspension, cancellation or closure will be canceled, regardless of how or when they were acquired. Opiday may terminate your account at any time for any reason.
13. Conditions of Participation
Your ability to participate in surveys is conditioned on your compliance with this Agreement and all regulations and guidelines applicable to the Services that Opiday will make available from time to time. Opiday reserves the right to cancel or delete your account, registration and points in the event of violation of these agreements, fraud or misconduct (in the sole discretion of Opiday), refuse to refund points, limit, block, restrict or delete your access and use of surveys; Additionally, all points, gifts and rewards will be forfeited. Without limiting the generality of the foregoing, the following requirements apply to your use of Opiday: • Non-use and non-disclosure. The information and content provided to you in surveys may contain trade secrets or other confidential vendor information. You must maintain confidentiality and not disclose to anyone the information and content that you have access to or have learned while participating in a survey, project, questionnaire or other survey-related market research activity. . You may not use any such information or content for any purpose other than to participate in these surveys and comply with this agreement. You hereby agree to immediately notify Opiday if you witness or suspect any use, disclosure or access to any such information or content not authorized by this Agreement. • Registration details. You agree to (1) provide accurate, current and complete information about yourself as prompted by the survey registration form; (2) keep your password and login information confidential; (3) maintain and promptly update the information you provide during registration and any other information you entrust to Opiday, keeping it accurate, current and complete. Your registration requires that you provide the following information, but not limited to: your date of birth and a valid email address. For payment requests, Opiday reserves the right to ask you for additional information: your full legal name, your main residential address, your telephone number, a copy of your identity document. • Multiple accounts. You can only have one active account at a time. You can only have one account per household. Duplicate accounts by any individual or household will result in termination and forfeiture of all points, gifts and rewards. • In accordance with the laws. You must at all times comply with all applicable laws, rules and regulations and must not cause Opiday to violate any such laws, rules, regulations or statutes. • Honest participation. You agree to use your knowledge and beliefs to the best of your ability to participate in the market research you record as part of the study. You must not provide false or misleading information, including, but not limited to, survey responses that are inconsistent with previously provided responses or that are statistically improbable. • Appropriate communication. Whenever you communicate with Opiday employees, you agree to do so in a respectful and appropriate manner. You will not send any employee, affiliate or other user of the Service any crude or abusive communications or information that is obscene, vulgar, sexually explicit, offensive, threatening, hateful, illegal or inappropriate; You agree not to share or distribute. • User Content. You provide Opiday with information relating to your participation in market research or other surveys conducted, including survey responses, ideas, comments or other information or content ("Content user"). If you entrust the User Content to Opiday, unless Opiday indicates otherwise, you grant to Opiday and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and entirely subservient right to -licensable to use, reproduce, modify, adapt, publish, translate, use to produce a derivative report, distribute, exploit and exhibit this Information throughout the world and using any media, without requiring your consent and without have to pay you compensation. By submitting your User Content, you represent and warrant that you are legally authorized to submit it and that it is accurate and complete. You must not submit any User Content that: • Is unlawful, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, violates privacy or privacy rights, is offensive, inflammatory, false, inaccurate , deceptive, fraudulent or purports to impersonate another person or entity or falsely claims to be with any person or entity; • violates the privacy or rights of any person or entity or would give rise to liability or violate any local, federal, state or international law, including, but not limited to, any securities regulator; • Infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any person or entity; • contain private information about any person or entity, including, but not limited to, addresses, telephone numbers, email addresses, social security numbers, and credit card numbers; • contain viruses, corrupted data or other harmful or destructive files or information; • Would, in Opiday's sole judgment, be unacceptable and fail to demonstrate your willingness to demonstrate good faith in responding to any survey or market research question, or expose Opiday or its licensors or suppliers to any liability.
14. Availability of the Site
14.1.
Opiday strives to ensure the availability of the Site 24 hours a day, 7 days a week. However, it may happen that the operation of the Site is interrupted as part of maintenance operations, updates at a hardware or software level, emergency repairs to the Site, or as a result of circumstances beyond the control of Opiday (such as, for example, failure of telecommunications links and equipment).
14.2.
Opiday undertakes to take all reasonable measures to limit these disruptions, provided they are attributable to it. The User acknowledges and accepts that Opiday assumes no responsibility towards him for any modification, unavailability, suspension or interruption of the Site.
15. Liability of Opiday
15.1.
Opiday undertakes to provide the Services as a diligent professional, within the framework of an obligation of means.
15.2.
Opiday can only be held responsible for compensation for the financial consequences of damages that are both (i) direct and (ii) foreseeable due to poor execution or partial non-performance of the Service.
15.3.
Opiday cannot under any circumstances incur liability for indirect or unforeseeable damages within the meaning of articles 1150 and 1151 of the Civil Code, which include in particular, but without this list being exhaustive, any missed gain, loss, inaccuracy or corruption of files or data, commercial harm, loss of turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute service or technology.
15.4.
In any event, (i) the amount of the financial liability of Opiday is limited to the reimbursement of the amount of the User's winnings by Opiday and (ii) the User cannot bring into play the liability of Opiday due to any breach under the Conditions of Use, only for a period of one (1) year from the occurrence of the breach in question, which is recognized and expressly accepts the User.
16. Force majeure
16.1.
Opiday cannot be held liable in the event of force majeure or any other event beyond its control preventing the execution of its service and the provision of the Service under conditions consistent with the provisions of the Conditions of Use.
16.2.
Events of an irresistible nature are considered to be force majeure, as well as, without this list being exhaustive, the following events: total or partial strikes, internal or external to Opiday, bad weather, epidemics, blockages of means of transportation. transportation or supply, for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, viruses, telecommunications blockages, including dial-up network, terrorist attack.
17. French intellectual and/or industrial property rights
17.1. Reminder of the provisions of the Intellectual Property Code 17.1.1.
Art. L.335-2 IPC: “Any counterfeiting is a crime. Any edition of writings, musical compositions, drawings, paintings or any other printed or engraved production in whole or in part, in disregard of the laws and regulations relating to the property of the authors, is an infringement; and any counterfeiting is a crime. Counterfeiting… is punishable by two years’ imprisonment and a fine of €150,000.” 17.1.2.
Art. L.335-3 CPI: “Is… an offense of counterfeiting any reproduction, representation or dissemination, by any means whatsoever, of an intellectual work in violation of the rights of the author... Is… a crime of counterfeiting the violation of one of the rights of the software author...". 17.1.3.
Art. L.343-1 CPI: “Infringing the rights of the producer of a database is punishable by two years of imprisonment and a fine of €150,000...”. 17.2. Intellectual and/or industrial property rights of Opiday
Opiday holds all intellectual and/or industrial property rights relating to the Site and/or to the elements created and/or provided by it as part of the Service as well as to all documents and media provided, where applicable. applicable, to the User as part of the provision of the Services, regardless of their state of completion (hereinafter referred to as the “Creations”). In your capacity as Visitor and/or User, you undertake not to reproduce any elements of the Site. Any contrary use of the Site would constitute an infringement likely to result in civil and/or criminal prosecution. Furthermore, the User undertakes not to make any use of the Creations likely to infringe the industrial or intellectual property rights of Opiday 18. Distinctive Signs
Refers together to the brands, company names, signs, trade names, domain names or URLs, logos, photographs, images and/or other distinctive signs used on the Site, or to designate the Services. Opiday does not grant you any license or right whatsoever over the Distinctive Signs which are the exclusive property of Opiday or third parties who have granted it the right to use them. 19. External links
19.1.
Opiday offers links with tracking to third-party Advertiser or Partner sites. These tracking links have the sole purpose of ensuring the proper functioning of Opiday's Services and are technically necessary in order to be able to remunerate Users for the actions they carry out. 19.2.
Opiday may also provide simple links to other third-party sites. These links are provided as a courtesy only. 19.3.
Opiday is not a content editor or responsible for publishing the sites of Advertisers, Partners or ordinary third-party sites, and is therefore not able to monitor their content. Any access to these sites is under your sole responsibility and at your own risk. Opiday disclaims any responsibility for the content or availability of third party sites. You acknowledge that Opiday assumes no responsibility for any loss or damage that the use of these third party sites may cause you. 20. Miscellaneous provisions
20.1. Advertisement
Opiday is authorized to make the reference to the User in its commercial documents or publications, only after written agreement from the User on the exact text of the reference and its use, if this reference is more than the simple mention of the User's name. 20.2.
20.2.1.
The latest version accepted by the User of the Conditions of Use expresses the entirety of the obligations between Opiday and the User relating to the Services and cancels and replaces any declaration, negotiation, commitment, oral or written communication, acceptance, contract and prior agreement, relating to the provision of the Service by Opiday for the benefit of the User. 20.2.2.
In accordance with article 1369-1 Civil Code, you can at any time access the latest version of the Conditions of Use that you have accepted by accessing your User Account, and print them using the function offered by your browser. 20.2.3.
Any commitment made under additional stipulations or general conditions of any kind, even if signed by both parties, will be null and void after the date of acceptance of the latest version of the Conditions of Use by the User. 20.3.
Partial invalidity in the event that any provision of the Conditions of Use is deemed null or inapplicable by a court decision having the authority of res judicata and passed into force, the parties agree to attempt to limit as much as possible. The scope of this nullity or inapplicability may be determined so that the other contractual provisions remain in force and the economic balance of the Conditions of Use is, as far as possible, respected. 20.4.
Any notification (formal notice, report, approval or consent) required or necessary in application of the stipulations of the Conditions of Use must be made in writing and will be deemed validly given if delivered by hand or sent by registered letter with request for acknowledgment of receipt to the postal address of the other party. 21. Applicable law and attribution of jurisdiction
21.1.
The Conditions of Use are subject to French law, both for the rules of form and for the rules of substance. 21.2.
In the event that the Conditions of Use are translated or presented on the Site in a foreign language, only the French language version of the Conditions of Use between you and Opiday will be authentic. 21.3.
IN APPLICATION OF THE PROVISIONS OF ARTICLE 48 OF THE CODE OF CIVIL PROCEDURE, IN THE FAILURE OF AMICABLE AGREEMENT BETWEEN YOU AND Opiday FOR ANY DISPUTE RELATING TO THE INTERPRETATION, EXECUTION OR TERMINATION OF THIS CONTRACT, IT IS EXPRESSLY ATTRIBUTES JURISDICTION TO THE FRENCH COURTS WHICH WILL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING PLURALITY OF DEFENDANTS, AND EVEN FOR REFERRAL PROCEDURES.
Last update of the General Conditions of Use: 06/17/2024
