Strategator.com Terms and Conditions

The present contract (this “Agreement”) is established by and between the STRATEGATOR Company (the owner of the commercial brand Strategator®), registered at the Versailles Commerce Court under N° RCS 528 858 244 and the free user (hereinafter named you or the User) or the Subscriber (hereinafter named you or the Subscriber) for the delivery of information Services and all the accompanied facilities, under the conditions established below.

Strategator®, Strategator.com, Strategator Service(s) , Service(s)  designates a number of services of the company STRATEGATOR, that can be accessed on the site www.strategator.com.

Provider(s), hereinafter designated as Provider(s), means any party with which the STRATEGATOR company has contracted to grant the provision of Services to the User or to the Subscriber under this Agreement.

A part of the Services are freely available via the Internet. Another part of the Services are only available during limited test periods or, on a longer term basis to Subscribers, as long as they extend their subscription.
  
The STRATEGATOR Company can be contacted by using the online contact form that can be found on the site www.strategator.com. All claims concerning the Service must be reported by that means. All the requests made by other forms of communication (such as phone, mail etc.) will not be taken into consideration.

Strategator® reserves the right to change this Agreement at any time without notification. Nevertheless, the Subscribers will be informed of any change in the Agreement or in the tariffs, before it applies in order to be able to freely chose to extend or cancel the Services when the term already paid for ends.

You accept the obligation to review this Contract prior to each use, and your use of the website constitutes an acceptance to be bound by any modifications since your last visit.

1. Description and principles of provision of our Services

Strategator primarily collects information available from third parties. STRATEGATOR therefore cannot accept any responsibility for the content, or for its completeness, accuracy, up-to-date status, deletion, misdelivery or storage. Under certain circumstances, access to the Services may not be guaranteed continuously for technical reasons, since maintenance work, in particular, or breakdown of the public communication networks may lead to temporary disruption or suspension of the Services.

Since the services consist in the automated aggregation of offers made by third parties, the STRATEGATOR company shall not be liable for any direct or indirect loss or damage or lost profits of the User or of the Subscriber.

Strategator search results consist of data which were identified, indexed and aggregated by an automated process without prior human review. Owing to the huge volume of data regularly added, deleted and amended, Strategator cannot and will not screen the content made available by our indices. If the STRATEGATOR company occasionally receives requests to block search results, it will treat such requests individually and in accordance with the law.

Strategator only collects information and indexes results that are publicly available online or via request interfaces that are publicly available or via interfaces supported by our Providers.

The STRATEGATOR company is not responsible for websites displayed as search results or linked to by Strategator.com. Strategator will reveal the source of the information displayed on the search results and exercises no control over these websites. Users and subscribers will need to work with these websites directly for any information or complaints regarding their content.

2. Subscription to our Services

Every subscriber is required to open an account. The initial subscription is for a package that includes:

- The activation of an account for a defined period of time, which offers the possibility during this period of time to save several custom information requests on www.strategator.com as well as the ability to program alerts when all or part of the information collected happens to change.
- Depending on the package, a prepaid amount for additional services with extra pay per use charge.
- In some cases, depending on packages, a certain number of optional additional services.

The Subscriber can then extend the duration of the subscription, change the package and options subscribed to, increase the amount of prepaid services on his account, and subscribe to new options.

To Subscribe to one or several Strategator® Service(s), the Subscriber has to be either in possession of a unique subscription code which was given to him during a promotional campaign or by a third party seller of Strategator Services, or:

- select one or several Service(s) on the Strategator website;
- fill in the mandatory fields on the online subscription form;
- pay the full amount for the chosen package(s), including applicable taxes.

The Subscriber can extend or change the parameters of his subscription only after the initial subscription. Such an extension is performed either via an online purchase or via a unique code for additional Services or for extension of the subscription duration. The unique subscription code is automatically recognized by the system as a code for subscription extension when it is used from an existing account.

At any time the Subscriber can extend the subscription duration and can subscribe to additional services from his online account. An automated way of renewing subscription is offered to subscribers who chose to authorize direct debit on an up-to-date payment means in their account and who keep the automatic renewal option active.

All necessary expenses (such as Internet access, etc) for the subscription to our Services and their use thereof, are borne by the Subscriber.

The Subscriber guarantees that the information he/she has communicated to the STRATEGATOR Company is both accurate and true. He assumes the responsibility to keep said information up to date and to inform the Strategator team immediately about changes in the data given at initial subscription and, if necessary, to make the modifications himself.

All information regarding the use of Strategator® Services is presented on the site. For additional information, the Subscriber can contact customer support, by using the online contact form. Customer support will only work with the languages specified in the contact form. Answers to the messages written in other languages are not guaranteed.

Subscribers will be notified of  all changes to the Contract. They are applied to existing Subscribers who agreed to them for any new subscription or extension (whether automatic or not) of Services.

3. Services Payment conditions

The subscriber must pay the full amount indicated for a package or an option to use the Strategator Service. The tariffs are continuously renewed on our website at the following address: www.strategator.com .

Strategator® services are paid in advance, depending on Services bought at the initial subscription or at the purchase of additional services (extension of the subscription duration, optional and prepaid credit for payable services…).

The STRATEGATOR company reserves the right to modify the tariffs for the Services without notice and without retroactivity (payments made before price changes are not affected). The tariffs in force are those shown on the website. All price changes are applied:

- with a new Subscription;

- with the renewal of a Subscription;

- with the changing of the package or of the Service(s) in an existing Subscription.

STRATEGATOR company offers secure payment by credit card using the tools secured by its Bank partners. The Bank partner and the technical provider for card transactions, that is PCI-DSS certified, who receive payments, guarantee the confidentiality of the data exchanged between the Subscriber and the payment server (the number and the validity date of the credit card and the insertion of the visual cryptogram). The company STRATEGATOR guarantees that only the Bank and the technical partner that receives payments will be aware of the information concerning credit cards.

The STRATEGATOR company is not responsible for any problems linked to the payment by credit card performed through the tools of the Bank partners, either before or after the Subscription transaction. The Subscriber surrenders the right to claim or to legally implicate STRATEGATOR if any payment problems occur, either during or after the Subscription transaction. The STRATEGATOR company will make its best efforts to help resolve payment problems if they occur.

The order/subscription validated by the Subscriber is considered effective only after the bank gives its payment agreement. In case of bank payment rejection, the subscription will be automatically cancelled.

The Strategator® offer provides an opportunity to subscribe to the Services and to open an account by using a unique subscription code. The subscription code is delivered by STRATEGATOR to a third party retailer. The subscription code is unique and can be used only once for the subscription to the Service. Nevertheless, the Subscriber can use several unique subscription codes for extending the subscribed Services.

The STRATEGATOR company cannot be held responsible whatsoever for the agreement conditions between the third party retailer of Strategator®services and the Subscriber.

Regardless of the means of payment for the initial Subscription to the services, each customer has access to all services proposed by the site www.strategator.com. Later extensions of services can be paid for through all means available on the site, at the applying rate on payment date, without any link to the channel or date of the initial subscription.

4. Contract termination or cancellation

The contract is considered terminated when the prepaid period of activation of the Subscribers  account is over (or at the end of the visit of a simple User) and this period was not extended by the Subscriber, even though notice of imminent expiry of the account is e-mailed to the Subscriber by Strategator®.

Both the Subscriber and the STRATEGATOR Company can terminate the services delivered by Strategator, at any time. In case of early termination asked by the Subscriber or if it is the consequence of a Legal and Regulatory environment or if it is the consequence of the breach of this Contract by the Subscriber, the STRATEGATOR Company does not reimburse any remaining credit for Services, whether the contract was cancelled and/or deactivated by Strategator or by the Subscriber. In such cases, the Subscriber abandons any claim to the Strategator team for any financial compensation, regardless of the reasons for the cancelling of the contract or the complete deactivation of the Service(s).

STRATEGATOR Company reserves the right to refuse requests for the opening of new accounts.

For the sake of clarity it is reminded that in all cases:

- no shortening of the subscription duration is possible (except early cancellation)

 no contract termination gives rise to reimbursement, even partial, whether at the end of Subscription duration term or by early cancellation. At the end of the subscription duration the account is closed. The prepaid account balance for additional payable services is cancelled and is not refunded to the Subscriber.

5. Subscriber Responsibilities

Strategator services must be used only for legal purposes. The future User or Subscriber recognizes that he/she has no right to use the Strategator service to send illegal, harmful, defamatory, vulgar, obscene or reprehensible information in any respect.

The User or the Subscriber undertakes to ensure that his/her usage of the Strategator service is completely legal and that it is not breaching the law or any other existing regulation of the country (Countries) where he/she is using it. If otherwise, the Subscriber acknowledges that he is solely responsible and agrees that he alone will bear all claims and legal or financial consequences thereof.

Neither the STRATEGATOR Company nor the Providers exert control of the content of information displayed in response to information requests of Users or Subscribers. In the case of STRATEGATOR or a Provider being held responsible due to a Subscriber’s or User’s failure to fulfill his lawful obligations, as set forth in this Contract, the Subscriber or the User undertakes to guarantee and indemnify STRATEGATOR and such Provider against any judgment pronounced upon them. This guarantee and indemnification will cover all court expenses, allowances paid and lawyer fees that STRATEGATOR or such Provider could be charged.

6. Privacy and Subscriber's and User’s information protection

Strategator® conforms to the strictest standards of privacy protection and STRATEGATOR has registered and complied to the declarative obligations set up by the French National Data Protection Authority (CNIL).

The Subscriber gives personal information, when he is subscribing to the Strategator® Services. Personal information collected by Strategator® is directly entered by you. Minimal information is mandatory for validating the subscription (such as name, surname, e-mail). Other information (such as address, company, phone) is optional.

Moreover, information that is not personal can be collected, such as the browser used by the Subscriber or any User (Mozilla, Internet Explorer, etc. ), type of operating system (Windows 9x, NT, XP, 2xxx, 7, Mac Os, etc.) and the IP address of the computer used to access the site.

Strategator® is likely to use cookies, designed for information storage which identifies the Subscriber when he accesses the site , in order to avoid having to type again at each visited page. The Subscriber has the opportunity to disable the use of the cookies by modifying the configuration of the Internet browser. See advice concerning option configuration depending on the browser that you use. This information can be accessed at the “your traces” page, on the site of the French National Data Protection Authority: www.cnil.fr.

Information collected at the time of your registration to Strategator® and your Subscription to our services, may be used for us to offer you our different Services. We take the utmost care to archive personal information in a secure environment. Very few of our employees have access to your information and will access it only when required. The information given at the subscription cannot be accessed by a third party, cannot be transferred, sold or exchanged.

According to article 39 and in line with the French law n° 78-17 from January 6, 1978 regarding computing, files and rights, every person can request communication of his personal information and, if need be, rectification or suppression of the information, by contacting our customer support service by means of the online contact form.

7. Liability and guarantees exclusions

The guarantee exclusions and limitations of liability listed below are in accordance with the legislation that rules the present contract of sale.

7.1 Guarantee exclusions

The Subscriber undertakes that he uses the Strategator Service in full understanding of it. The Strategator Service is delivered with the maximum professionalism. Nevertheless, the STRATEGATOR company does not offer any particular guarantee to the Subscriber, but undertakes to make use of all its know-how to obtain the best results. The STRATEGATOR company does not guarantee that Strategator services will exactly correspond to the needs of the Subscriber. The Subscriber accepts that the characteristics and the limitations of the Internet do not always allow guaranteed security, the availability and the integrity of the information. The STRATEGATOR company does not guarantee either the quality of the results obtained through the Strategator® service, or its precision, or the accuracy of the information, or the eventual alteration of the data sent by the Subscriber, or the accuracy of the information received via Strategator®.

In particular, the Service may be interrupted during maintenance operations, during updates or technical upgrades, or for upgrades to the content and/or the presentation of the site. Whenever possible, Strategator® will inform customers before a maintenance or upgrade operation. The Subscriber undertakes not to seek the STRATEGATOR company’s liability for the functioning and operation of the Services. The Subscriber understands and accepts hereby that all material information, or downloaded data, or at least data obtained whilst using the Strategator service are at his own risk, and he is responsible in the case of damage of his computer system or data loss following such a problem. The company STRATEGATOR does not admit liability in case of  damage or loss of setup and saved information of the Subscriber in his/her account . There is no information or advice, written or oral that was obtained by the Subscriber from the STRATEGATOR company or its services, that can create additional guarantees.

7.2 Liability limitation

In no case shall the STRATEGATOR Company, its Providers, employers or the subcontractors, be responsible for any indirect or direct damage or loss as a result of misuse or lack of experience of the user when working with the Strategator® service. Any extra cost incurred in equipment acquisition or replacement services will not be compensated. The above limitation applies also to the goods or services bought or obtained, for the messages received or the transactions performed by using the Strategator services or which appeared after an attempt to make an unauthorized use, or which arose following an alteration of the Subscriber data transfer. The liability exclusion also applies, in addition to the above, and not exclusively, to losses and profit losses, to data and other intangible assets, even though the company STRATEGATOR could have been notified, at some time, of such kind of damage.

When opening an account, each Subscriber has a login identifier (his e-mail) and a password, which is strictly personal and confidential, and which should not be communicated to or shared with a third party.

Neither the STRATEGATOR company nor the Providers have the ability to check the identity of the person that subscribes to its Services and they are not responsible in case of the usurpation of an identity. In no case whatsoever, shall, the Subscriber hold STRATEGATOR company or any Provider responsible to for the loss and/or misappropriation of the identifier and/or password.

The Subscriber is solely responsible for the use of his credentials identification elements by a third party or for the actions performed from his account, whether they are fraudulent or not. He undertakes hereby to abandon any claims against STRATEGATOR company and the Providers on this issue.

If the Subscriber has a reason to believe that a third party is using the identifying elements or his account, he must immediately inform Strategator®.

In all circumstances, the global liability of Strategator® and any Providers is limited to the amount paid by the Subscriber for the services that may be the subject of litigation.

8. Property

By accepting this Contract, you understand and undertake that you are not the owner of the results obtained by using the Strategator® Service, and you abandon hereby all claims related to the property of the results, whether the latter is due to a contract, or if it results from a dispute, and even if the STRATEGATOR company has been informed of possible negative consequences for you.

9. Complete Agreement

The present Contract rules the contractual relations between the STRATEGATOR company and the Subscriber or the User, all parties fully accept it, without reservation. This Contract prevails over all other conditions present in all other documents, except prior dispensation, discussed and expressed in written form beforehand. They can be changed only by a written amendment agreed by the parties. If some condition could no longer be applied for whatever reason, the condition is altered to the minimum extent needed to render it applicable.

All the orders sent to the STRATEGATOR Company are for individual usage of the Subscribers. The Subscribers or the recipient of the Service(s) are forbidden to fully or partially resell the Services.

The Courts of Versailles (France) are the only competent jurisdiction for resolving all legal disputes related to the present Terms and Conditions, including, but not limited to, their validity, their interpretation, their execution and/or their cancellation and its consequences. This Contract has been translated in languages other than French for a better comprehension of some Users or Subscribers. Despite all effort brought to the translation, the French text prevails in case of contradiction and is the language of dispute in courts.

In case of a legal prosecution by a third party against the STRATEGATOR company or a Provider due to an infringement or breach of this Contract imputable to one or several Subscribers, the Subscriber or Subscribers hereby accept to compensate the STRATEGATOR Company (including its employers, administrators, representatives, distributors and other members) and such Provider for the corresponding expenses (including lawyers fees) and for the incurred prejudice.

The subscription to one or several Strategator Service(s) as well as the use of this Service(s) and of the site www.strategator.com implies full Subscriber agreement with all the Contract.

The STRATEGATOR Company reserves the right to duly suspend or cancel Strategator services if it is convinced that the Subscriber uses the Strategator service in a way incompatible with other existing Subscribers, or that causes prejudice to STRATEGATOR or to a third party or that is violating the present Contract.