Terms and Conditions
1) Purpose
These Terms and Conditions are intended to define the terms and conditions governing the use of the services offered on the website (hereinafter referred to as the “Services”), as well as the rights and obligations of the parties in this context.
They are accessible and printable at any time.
They may, where applicable, be supplemented by specific terms of use applicable to certain Services. In the event of any conflict, the specific terms shall prevail over these Terms and Conditions.
2) Service Provider
The Services are operated by Colia LP (hereinafter referred to as the “Publisher”).
The Publisher may be contacted at the following address: contact@
3) Access to the Website and Services
The Services are accessible, subject to the restrictions provided on the website:
- to any individual with full legal capacity to enter into these Terms and Conditions. An individual who does not have full legal capacity may only access the Website and Services with the consent of their legal representative;
- to any legal entity acting through an individual with the legal capacity to enter into agreements on behalf of and for the account of the legal entity.
4) Acceptance of the Terms and Conditions
Acceptance of these Terms and Conditions is confirmed by checking a box in the registration form.
Such acceptance must be full and unconditional. Any acceptance subject to reservations shall be deemed null and void.
Any User who does not agree to be bound by these Terms and Conditions must not use the Services.
5) Registration on the Website
Use of the Services requires the User to register on the website by completing the registration form provided for this purpose. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the creation of an account in the User’s name (hereinafter the “Account”), giving the User access to a personal area (hereinafter the “Personal Area”), which enables them to manage their use of the Services in the form and by the technical means that the Publisher considers most appropriate for providing such Services.
The User guarantees that all information provided in the registration form is accurate, up to date and truthful and contains no misleading information.
The User undertakes to update this information in their Personal Area in the event of any changes, so that it always meets the above criteria.
The User is informed and accepts that the information entered for the creation or updating of their Account constitutes proof of their identity. The information entered by the User shall be binding upon them once validated.
The User may access their Personal Area at any time after identifying themselves using their login credentials and password.
The User undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, except at the User’s own responsibility.
The User is likewise responsible for maintaining the confidentiality of their login credentials and password. They must immediately contact the Publisher at the address specified in Article 2 of these Terms and Conditions if they notice that their Account has been used without their knowledge. The User acknowledges the Publisher’s right to take any appropriate measures in such circumstances.
6) Description of the Services
- The User has access to the Services described on the website, in the form and according to the features and technical means that the Publisher considers most appropriate.
- The use of cmkmodernart.com for fraudulent purposes shall be the sole responsibility of the User.
- The User is entirely responsible for the use of https://cmkmodernart.com.
- The availability of addresses is intended solely for the simulation of mileage reimbursement tables and for the proper performance of the software.
- We do not in any way recommend using https://cmkmodernart.com to provide any administration with deliberately simulated tables.
- Such tables are solely the result of simulations intended for accounting projections.
7) Paid Services
1. Prices
The price of the Services is indicated on the website.
Unless otherwise stated, prices are expressed in euros and include all applicable taxes.
The Publisher reserves the right, at its sole discretion and under conditions it alone determines, to offer promotional offers or price reductions.
2. Price Changes
The price of the Services may be revised by the Publisher at any time, at its sole discretion.
The User will be informed of such changes by email at least 60 days before the new prices come into effect.
A User who does not accept the new prices must terminate their use of the Services in accordance with the procedure provided for in Article 18. Failing this, the User shall be deemed to have accepted the new prices.
3. Invoicing
The Services are subject to invoices, which will be communicated to the User by any appropriate means.
4. Payment Methods
The payment methods for the Services are described on the website.
Payment is made by direct debit using the User’s bank card details.
The direct debit is processed by the payment service provider designated on the website, which alone retains the User’s banking details for this purpose. The Publisher does not retain any banking details.
The User guarantees to the Publisher that they have the necessary authorization to use the chosen payment method. The User undertakes to take the necessary measures to ensure that payment of the Services can be processed.
5. Late Payments and Payment Incidents
The User is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date shall automatically result, without prejudice to the provisions of Article 12 and without prior formal notice:
5.1. All amounts owed by the User becoming immediately due and payable;
5.2. The immediate suspension of the Services until all amounts owed by the User have been paid in full;
5.3. The charging by the Publisher of late-payment interest at a rate of one point five percent, based on the total amount owed by the User.
8) Data
The User expressly acknowledges and accepts:
- that the data collected on the website and on the Publisher’s computer systems constitutes evidence of the transactions carried out under these Terms and Conditions;
- that such data constitutes the sole means of evidence accepted between the parties, particularly for the calculation of amounts owed to the Publisher.
The User may access this data through their Personal Area.
9) User Obligations
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
- When using the Services, the User undertakes to comply with applicable laws and regulations and not to infringe the rights of third parties or public order. In particular, the User is solely responsible for properly completing all administrative, tax and/or social formalities and for paying any contributions, taxes or duties of any kind that may be applicable in connection with their use of the Services. The Publisher shall under no circumstances be held liable in this regard.
- The User acknowledges having read the characteristics and constraints, particularly technical ones, of all the Services on the website. The User is solely responsible for their use of the Services.
- The User is informed and accepts that the implementation of the Services requires an Internet connection and that the quality of the Services depends directly on that connection, for which the User is solely responsible.
- The User is also solely responsible for any relationships they may establish with other Users and for the information they communicate to them through the Services. The User must exercise appropriate caution and judgment in such relationships and communications. The User further undertakes to observe customary standards of politeness and courtesy in their interactions with other Users.
- The User undertakes to use the Services strictly for personal purposes. Accordingly, the User may not assign, grant or transfer all or part of their rights or obligations under these Terms and Conditions to any third party in any manner whatsoever.
- The User undertakes to provide the Publisher with all information necessary for the proper performance of the Services. More generally, the User undertakes to actively cooperate with the Publisher to ensure the proper performance of these Terms and Conditions.
- The User is solely responsible for all types of content (written, graphic, audiovisual or otherwise, including the name and/or image that the User may choose to identify themselves on the website) that they distribute through the Services (hereinafter referred to as the “Content”).
The User guarantees to the Publisher that they hold all rights and authorizations necessary for the distribution of such Content.
The User undertakes to ensure that such Content is lawful, does not violate public order or accepted standards of conduct or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not liable to result in civil or criminal liability for the Publisher.
The User is therefore prohibited from distributing, including but not limited to:
- pornographic, obscene, indecent, shocking or unsuitable Content for a family audience, defamatory, insulting, violent, racist or xenophobic Content;
- counterfeit Content;
- Content infringing upon the image rights of a third party;
- false, misleading Content or Content offering or promoting illegal, fraudulent or deceptive activities;
- Content harmful to third-party computer systems, such as viruses, worms, Trojan horses, etc.;
- and more generally, any Content likely to infringe the rights of third parties or be harmful to third parties, in any manner or form whatsoever.
The User acknowledges that the Services provide an additional solution, but not an alternative to the means they may already use to achieve the same objective, and that this solution cannot replace those other means.
The User must take the necessary measures to independently back up any information in their Personal Area that they consider necessary, as no copy will be provided to them.
The User is informed and accepts that the implementation of the Services requires an Internet connection and that the quality of the Services depends directly on that connection, for which the User is solely responsible.
10) User Indemnification
The User shall indemnify and hold the Publisher harmless against any complaints, claims, actions and/or demands that the Publisher may face as a result of the User’s breach of any of their obligations or warranties under these Terms and Conditions.
The User undertakes to compensate the Publisher for any loss suffered and to pay any costs, expenses and/or judgments that the Publisher may incur as a result.
11) Prohibited Conduct
It is strictly prohibited to use the Services for the following purposes:
- engaging in illegal or fraudulent activities or activities that infringe the rights or security of third parties;
- disrupting public order or violating applicable laws and regulations;
- gaining unauthorized access to a third party’s computer system or carrying out any activity intended to damage, control, interfere with or intercept all or part of a third party’s computer system, or compromise its integrity or security;
- sending unsolicited emails and/or commercial prospecting or solicitation;
- manipulations intended to improve the search engine ranking of a third-party website;
- assisting or encouraging, in any form or manner whatsoever, any of the acts and activities described above;
- and more generally, any practice that diverts the Services from their intended purpose;
- Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the Publisher’s website;
- the following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the Publisher’s systems, (iii) any misuse of the website’s system resources, (iv) any action likely to impose a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to infringe the financial, commercial or moral rights and interests of the Publisher or website users, and more generally (vii) any breach of these Terms and Conditions;
- it is strictly prohibited to monetize, sell or grant all or part of access to the Services or the website, as well as to the information hosted and/or shared therein.
12) Sanctions for Breaches
In the event of a breach of any provision of these Terms and Conditions or, more generally, of any violation of applicable laws and regulations by a User, the Publisher reserves the right to take any appropriate action, including:
- suspending or terminating the User’s access to the Services if they committed or participated in the breach or violation;
- removing any content posted on the website;
- publishing on the website any informational message that the Publisher considers appropriate;
- notifying any relevant authority;
- taking legal action.
13) Publisher’s Liability and Warranty
- The Publisher undertakes to provide the Services with due care and in accordance with generally accepted professional standards, it being understood that the Publisher is subject to an obligation of means and not an obligation to achieve a specific result, which Users expressly acknowledge and accept.
- The Publisher has no knowledge of the Content posted by Users as part of the Services and does not carry out any moderation, selection, verification or control of any kind over such Content, acting solely as a hosting provider. Consequently, the Publisher cannot be held liable for such Content, the authors of which are third parties. Any claim must first be directed to the author of the relevant Content.
Content harmful to a third party may be reported to the Publisher in accordance with the procedures set out in Article 6 I 5 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, with the Publisher reserving the right to take the measures described in Article 12.
- The Publisher accepts no liability for any loss of information accessible in the User’s Personal Area, as the User must keep a backup copy and may not claim any compensation in this regard.
- The Publisher undertakes to carry out regular checks to verify the operation and accessibility of the website. In this regard, the Publisher reserves the right to temporarily interrupt access to the website for maintenance purposes. Likewise, the Publisher cannot be held liable for temporary difficulties or impossibility of accessing the website arising from circumstances beyond its control, force majeure or disruptions to telecommunications networks.
- The Publisher does not guarantee Users that: (i) the Services, which are subject to continuous development in order to improve their performance and functionality, will be completely free from errors, defects or faults; or (ii) the Services, being standard and not specifically designed for a particular User according to their individual requirements, will meet their specific needs and expectations.
- In any event, any liability that may be incurred by the Publisher under these Terms and Conditions is expressly limited to proven direct damages suffered by the User.
14) Intellectual Property
The systems, software, structures, infrastructure, databases and Content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by the Publisher on the website are protected by all applicable intellectual property rights and database producer rights.
Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any reproduction, representation, distribution or use of any of these elements, in whole or in part, without the Publisher’s authorization is strictly prohibited and may result in legal proceedings.
15) Personal Data
The Publisher implements a personal data protection policy.
16) Advertising
The Publisher reserves the right to insert advertising or promotional messages on any page of the website and in any communication to Users, in such form and under such conditions as the Publisher alone determines.
17) Links and Third-Party Websites
The Publisher shall under no circumstances be held liable for the technical availability of websites or mobile applications operated by third parties, including any potential partners, which the User may access through the website.
The Publisher assumes no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms and conditions.
The Publisher is likewise not responsible for transactions between the User and any advertiser, professional or merchant, including any potential partners, to whom the User may be directed through the website and shall under no circumstances be a party to any disputes that may arise with such third parties, including in relation to the delivery of products and/or services, warranties, representations or any other obligations to which such third parties may be subject.
18) Duration of the Services and Unsubscription
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time by sending a request to the Publisher by email at the address specified in Article 2 or through their Personal Area.
Unsubscription shall take effect immediately.
19) Amendments
The Publisher reserves the right to modify these Terms and Conditions at any time.
The User will be informed of such changes by any appropriate means.
A User who does not accept the amended Terms and Conditions must unsubscribe from the Services in accordance with the procedure provided for in Article 18.
Any User who uses the Services after the amended Terms and Conditions have come into force shall be deemed to have accepted such amendments.
20) Language
In the event that these Terms and Conditions are translated into one or more languages, the French language shall prevail in the event of any conflict or dispute concerning the meaning of any term or provision.
21) Governing Law and Jurisdiction
These Terms and Conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or performance of these Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, except where mandatory procedural rules provide otherwise.
22) Effective Date
These Terms and Conditions entered into force on 31 December 2016.