Terms of Use

Purpose of the Terms of use

The website www.backwise.co (hereinafter the “Site”) is dedicated to the presentation of services provided by BACKWISE (hereinafter “BACKWISE”), which are designed to assist e-merchants in managing their return and refund requests in order to limit fraud associated with such requests (hereinafter the “Services”).

These terms of use (hereinafter the “Terms of use”) govern the access to, consultation of, navigation on, viewing of and, more generally, use of the Site by any person accessing the Site (hereinafter the “User”), from any device (personal computer, tablet, mobile phone or otherwise).

Any use of the Site by the User constitutes acceptance of these Terms of use. By browsing the Site, the User acknowledges having read, understood and accepted these Terms of use with full knowledge of their contents.

If the User does not agree to these Terms of use, they must refrain from accessing the Site.

Site publisher

The Site is published and operated by BACKWISE, a simplified joint-stock company registered with the Trade and Companies Register of Caen under number 104 158 951, whose registered office is located at 4 rue de la gare, 14000 Caen, France.

The publication director is Mr. Guillot Maximilien, acting in his capacity as President of BACKWISE.

BACKWISE may be contacted at the following email address: support@backwise.co.

Site hosting

The Site is hosted by Google Cloud France SARL, whose registered office is located at 8 rue de Londres, 75009 Paris.

Access to the Site

The User may access the Site in its entirety free of charge and without any registration requirement at www.backwise.co and/or at any other address chosen by BACKWISE.

The Site is accessible to the general public and requires the use of an internet-connected device. The cost of internet access and browsing the Site shall be borne exclusively by the User.

BACKWISE shall use its best efforts to ensure the availability of the Site but does not warrant that the Site will operate without failure or interruption.

The Site may be rendered inaccessible, on a scheduled or unscheduled basis, by BACKWISE or its service providers, for the purposes of maintaining the Site or for any other reason at BACKWISE’s discretion.

BACKWISE reserves the right to modify the Site for technical or commercial reasons and may, in this regard, freely and at its sole discretion determine any period of unavailability of the Site or its content.

BACKWISE shall not be liable for any damages resulting from the unavailability of the Site. BACKWISE shall likewise not be held liable for data transmission issues, connection problems or network unavailability attributable to the contingencies of the internet network and/or beyond its control.

Site content

BACKWISE does not warrant that the Site or the server enabling its availability are free from anomalies, errors, bugs, viruses or other dangerous or malicious software or elements.

BACKWISE provides no warranty with respect to any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any computer functionality or interfere with the proper operation thereof, including any transmission arising from the User’s download of any content.

The User undertakes to take all necessary and appropriate measures to protect their data and software from contamination by any viruses, malicious software or malicious acts circulating on the internet.

BACKWISE uses its best efforts to ensure that the information published on the Site is accurate. Nevertheless, documents, descriptions and information relating to the Services are not covered by any warranty, express or implied, except for warranties provided by applicable law.

BACKWISE shall not be held liable for any errors contained on the Site or, more generally, for the use and interpretation thereof by the User.

BACKWISE’s liability

BACKWISE’s liability towards the User may only be invoked in the event of a proven breach of its obligations under these Terms of use.

In all cases, BACKWISE’s liability shall be limited to actual and direct damages arising from the Terms of use, to the exclusion of any indirect damage including, without limitation, loss of profit, loss of revenue, loss of data, loss of opportunity, loss of anticipated savings, or reputational harm.

Use of the Site

The User is solely responsible for their use of the Site and undertakes to comply with applicable laws and regulations. The User shall indemnify BACKWISE and/or any third party for any damage for which the User is responsible. BACKWISE’s liability shall in no event be invoked in the event of unlawful or unauthorised use of the Site by the User.

In this regard, the User is prohibited from:

• exploiting the Site or any element thereof for commercial purposes;
• engaging in any act of computer hacking and/or fraudulent data collection;
• spreading viruses or other malicious devices or software likely to cause harm to BACKWISE or other users of the Site;
• disrupting or attempting to disrupt the operation and/or accessibility of the Site;
• using any automated system or software to scrape or extract data from the Site (screen scraping / data scraping);
• submitting personal data falling within special categories of data (“sensitive data”) within the meaning of the GDPR.

Intellectual property

All elements of the Site (including, without limitation, texts, images, photographs, software, icons, graphics, layouts, databases, trademarks, logos, etc.), as well as its structure and editorial content, are protected by intellectual property law, including in particular copyright, trademark law and database producer rights, of which BACKWISE is the owner, assignee or licensee, subject to elements owned by third parties.

Accordingly, the User may not reproduce, represent, adapt, translate and/or transform, in whole or in part, or otherwise reproduce all or part of the Site and its elements without the prior express authorisation of BACKWISE.

Hyperlinks

Hyperlinks accessible from the Site may redirect to other websites or internet sources. As BACKWISE is not in a position to control such external websites and sources, the User acknowledges that BACKWISE assumes no liability with respect to the content, advertising, products, services or any other material available on or through such external websites or sources.

Personal data

For information on BACKWISE’s personal data protection policy, the User is invited to refer to the privacy policy accessible at the following link.

Miscellaneous

These Terms of use shall remain in force for the entire duration of the Site’s existence and shall exclusively govern the relationship between the User and BACKWISE from the time they are posted online. BACKWISE may modify them at any time. The date of the last update of the Terms of use is indicated at the bottom of this page. Updates shall take effect upon their publication on the Site.

If one or more provisions of these Terms of use are held to be invalid or declared as such pursuant to any law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect.

These Terms of use are governed exclusively by French law. In the absence of an amicable resolution, any dispute relating to their validity, interpretation or performance shall fall within the jurisdiction of the competent courts.