These General Terms of Use govern the internet site which is found at https: // www.my-matchmaker.com, hereafter "the Site".
The Site is produced and operated by : D.F.H.E. ADVISORS, SAS with a share capital of 13,631 Euros, registered at the Paris Trade and Companies Registry under No. 798 629 325, acting through its legal representative domiciled at its registered office located at 68 rue du faubourg Saint Honoré, 75008 PARIS, hereafter "MY MATCHMAKER".
1. PURPOSE
MY MATCHMAKER is a company which offers insurance intermediary and/or insurance brokerage services via the Site.
The Site selects health insurance products, including International Private Medical Insurances and other policies, by identifying and ranking insurance products available on the market and by comparing them against the benchmark applied by MY MATCHMAKER according to the parameters set by each internet user. All of the services offered by the Site are hereafter defined as "the Service".
These General Terms of Use define and govern the terms of access to the Service offered by MY MATCHMAKER and subscribed to by a non-merchant consumer, hereafter "the User", via the Site.
Each User expressly confirms that he/she is at least 18 years old and has full legal capacity or parental authority to use the Site and/or enter into any transaction via the Site.
By subscribing to the Service and by ticking the box "I confirm that I have read the General Terms of Use and agreed to them in their entirety", the User expressly acknowledges that he has read, understood and accepted these General Terms of Use in their entirety.
These General Terms of Use are available on the website and are in a printable format.
2. OFFERING AND AVAILABILITY OF THE SERVICE
The Service is offered and available to Users of the Site according to the type of User, set out below:
- Anonymous Users may access the public features of the Site,
- "Registered" Users may access all features of the Service whenever they connect to the Site. In addition, such Users may access their most recent browsing session on the Site in order to resume their search and/or to request a price quotation.
The Service remains available whilst visible on and accessible via the Site. The User will be notified by a message on the Site whenever a Service is not available after a User has subscribed to it.
3. USE OF THE SERVICE AND/OR REGISTRATION PROCESS
The registration process for accessing the Service on the Site is set out below:
1- Welcome page.
The User can choose between several PACKs depending on his requirements. These PACKs are (the following list is non-exhaustive and subject to amendment): Essential – Standard – Advanced or Optimal;. Furthermore, for hospital care, the User may select one or more supplementary modules: outpatient treatment – dental – maternity.
2- Information.
After clicking on GO, the User follows the input filter and selects the required level of cover (1, 2, 3 or 4 stars), then answers several questions concerning his/her personal details: sex, family profile, nationality, country for which cover is required, date of birth.
The User clicks on the "Go My Matchmaker Selector" icon.
3- Selector
The User views the products on offer and can activate a number of features via a pop-up by clicking on "Details", prompting the User to select one or more specific product criteria. The User may select a number of products on offer, for comparison purposes. He then activates the product comparator.
The User can then choose to apply additional selection criteria, whilst having the option to close the pop-up in order to narrow and/or modify his selection using his selected product criteria, which are displayed on the right-hand side of the page. In order to move to the next stage, the User clicks on the "COMPARE AND REQUEST QUOTATION" icon.
4- Product comparator and requests for quotations.
The User can select one or more insurance products and then click on "REQUEST PRICING".
5- Registration.
The User is asked to register in order to action his request for a quotation; He enters his surname, first name, telephone number, email, as well as the CAPTCHA security code. He then receives an email with his login and password, which allows him to then access his personal area on the Site.
User information is forwarded to insurers for the sole purpose of providing the Service.
6- My Space.
Following the "quotation request", the User will see the "Offers" tab and will be able to view the products which he has selected in order to:
- download the documents relating to any selected insurance products,
- finalize his request for a price quotation from any listed companies by clicking the "Request a quote" icon.
The User must expressly agree to these General Terms of Use by ticking the box "I confirm that I have read the General Terms of Use and agreed to them in their entirety".
The User may also consent to the use of his personal data for commercial purposes by ticking the box: "I agree to receive commercial offers from My-Matchmaker's partners".
By registering, the User is deemed definitively and unconditionally to have accepted the General Terms of Use. By this confirmation, the User and MY MATCHMAKER enter into a binding and irrevocable contract for the provision of the Service.
Where registration is declined, the Service will not be provided.
On the "My Profile" tab, the User will fill in any missing information:
- administrative data: address, profession, etc.
- all additional relevant details.
After completing all necessary fields, the User can click on the "Save my profile" icon. Should the Profile be incomplete, the User will not be able to finalize the quotation request.
The User will then receive an email for each quotation that he has requested. Only a limited number of quotations can be requested.
7- Completing the Service
The information provided by the User is sent to the selected insurer(s) (only for those products selected) by PDF file. A summary of that information is also sent to the User by email in PDF format.
The User is then, and expressly agrees to be, contacted directly by the selected insurer(s).
4. AMENDMENTS TO THE GENERAL CONDITIONS OF USE
It is expressly agreed that the General Terms of Use applicable to the User's subscription to the Service are those in force, as appearing on the Site, on the date of registration by the User.
MY MATCHMAKER reserves the right to amend these General Terms of Use at any time. In such circumstances, the General Terms of Use which apply are those which appear when the User logs on to the Site, provided that the User has been notified of such amendment to the General Terms of Use.
5. PROTECTION AND PROCESSING OF PERSONAL DATA
In order to display insurance quotations which best match the profile of each User, MY MATCHMAKER may need to collect personal data as part of and in connection with the Service.
In accordance with article 32 of law No. 78-17 of 6 January 1978 on Data Processing, Files and Individual Liberties, information collected in subscription requests and forms appearing on the Site may be a mandatory requirement for such requests to be processed.
The corresponding database has been registered with the National Commission for Data Protection and Civil Liberties (Regulatory declaration n°. 1733701 v 0 and 1733708 v 0 and simplified regulatory declaration of conformity n°. 1829034 v 0).
MY MATCHMAKER, together with the insurers and service providers involved in the processing of your requests, are addressees and responsible for the processing of such data. The data may be shared with those dealing with the subscription, management and performance of the contract.
By completing the application form, you consent to your personal data being used by the relevant service providers, namely the insurers selected for the products that you have chosen.
Your personal data may also be collected in order to permit MY MATCHMAKER and its partners to send you commercial offers, provided that the User, when accepting the General Terms of Use, has ticked the relevant box which permits the sharing of such data with those partners.
In accordance with article 39 et seq. of law No. 78-17 of 6 January 1978 as amended in 2004 relating to Data Processing, Files and Individual Liberties, any person may require access to their personal data, and where appropriate, require that such personal data be corrected or deleted; this right may be exercised by writing to MY MATCHMAKER, 68 rue du faubourg Saint Honoré - 75008 PARIS, or by emailing: contact [@] my-matchmaker.com.
The User always has the right to object to, and may, without giving any reason, refuse permission for his personal data being used for advertising and marketing purposes.
6. CONFIDENTIALITY OF DISCLOSED INFORMATION
When registering, Users will be required to submit personal data (surname, first name, email address, telephone number, address, etc) which data will be processed in accordance with the law of 6 January 1978 on Data Processing, Files and Individual Liberties.
Such personal data (administrative and/or additional data) will be used to identify the User and thereby enable him to access his personal account.
The User acknowledges that he is solely responsible for keeping his username and password secure and confidential. Any person logging on to the Site shall therefore be assumed to be the identified User.
Each User is entirely and solely responsible for any access to the Service using his username.
In the event of fraudulent use of a User's username and/or password, the User undertakes to notify MY MATCHMAKER immediately using the following address: contact [@] my-matchmaker.com or by writing to 68, rue du faubourg Saint Honoré - 75008 PARIS.
7. USE OF COOKIES
When accessing the Site, cookies may be left on the User's device (PC, mobile phone or tablet). These cookies facilitate Site navigation and allow the Site services to be optimized and tailored to the User.
A "cookie" is a text file which may be left on a device when visiting the Site. Its purpose is to collect anonymous information relating to the User's Site navigation. Only the sender of a cookie is able to read or use the information contained within it.
Cookies are used by MY MATCHMAKER for the following purposes:
- to compile statistics and data for visits and use of the various component parts of the Site (number of pages viewed, number of visits, activity, frequency of return visits etc.),
- to adapt the presentation of the Site to the display preferences of the device (language, display resolution, operating system etc.),
- to make use of the Site easier, for example by storing information relating to a User request,
- to allow the User to access reserved and personal areas of the Site, such as his personal profile, by using his personal identifiers.
You can at any time opt to deactivate cookies by selecting the appropriate system access parameters of your browser settings.
8. RIGHT TO CANCEL
In accordance with current laws and regulations, the User may, within fourteen (14) days, exercise his right to cancel. No reason need be given and no penalty may be charged in respect of such cancellation, on any basis whatsoever.
The User's right to cancel commences on the day that he subscribes to MY MATCHMAKER and accepts the General Terms of Use of the Service, as evidenced by the date on which the email confirming his registration is sent.
All of the User's personal data will then be removed from the site.
However, MY MATCHMAKER shall not be liable if any insurance provider should contact the User in connection with the provision of the Service to the User, where such provider has been sent the User's personal data and request for quotations prior to the User's exercise of his right to cancel.
9. CUSTOMER SERVICES
For any information or queries, the User may contact Customer Services:
- by email at contact [@] my-matchmaker.com, or
- by writing to 68, rue du faubourg Saint Honoré - 75008 PARIS.
10. LIABILITY AND INDEMNITY
The Service offered by the Site complies with French law.
Where the Service is accessed from another country, MY MATCHMAKER shall not be liable for any failure to comply with the laws of that other country; furthermore it shall be the responsibility of the User to check with the relevant authorities of that country whether there are any conditions which restrict use of the Service, or the import or use of any products which the User wishes to subscribe for.
MY MATCHMAKER shall not be liable for minor differences between the Service received by the User and the details of the Service as set out in the factsheet relating to the Service.
Any analysis provided by the Site should be considered as a decision support tool only and is the property of MY MATCHMAKER. The analysis should not preclude the User from reading the Terms and Conditions of the selected products nor does it commit the insurers to offer a policy on the terms detailed in this analysis. MY MATCHMAKER cannot be held liable for any difference of appreciation for the suggested benefits nor for the relevance and/or consequences of any product choice made by the User.
MY MATCHMAKER undertakes to use best endeavours to ensure the proper delivery of the Service, as governed by these General Terms of Use; despite the foregoing MY MATCHMAKER will only be required to use reasonable endeavours to provide the various steps required to gain access to the Site, namely the registration and subscription process, access to the Service, access to customer services or after-sales services.
MY MATCHMAKER shall not be liable for loss or damage of any kind, whether direct or indirect, resulting from the use of the internet, in particular any connectivity failure, external interference, or computer viruses.
MY MATCHMAKER shall in no circumstances be liable for any failure or delay in delivering its obligations where such failure or delay is caused by the User, or is due to an unforeseen and unavoidable act of a third party, or results from an event of force majeure (as defined by French law).
The User shall indemnify MY MATCHMAKER against any demand, claim, and/or judgment, whether made or threatened and/or awarded against it, including reasonable legal costs, where such demand, claim and/or judgment results, directly or indirectly, from any breach by the User of these General Terms of Use.
As the Site is designed for use by consumers only, MY MATCHMAKER cannot be held liable for any loss resulting from any business use thereof.
MY MATCHMAKER shall not be liable for loss or damage of any kind, whether direct or indirect, resulting from the conclusion of an insurance contract entered into between the User and any insurer introduced to the User through the Site; MY MATCHMAKER is not a party to the aforementioned contract.
In no event shall MY MATCHMAKER be liable for any loss by the User of social security or national health cover, such cover being deemed to be compulsory.
The relevant User is solely liable for any decision to cease such cover and for the consequences thereof.
11. INTELLECTUAL PROPERTY
Every element of the Site, in particular its structure and layout, its editorial content, and all written materials, illustrations, photographs or images, sounds and videos, etc appearing on the Site are protected under French and worldwide intellectual property laws.
Moreover, it should be noted that the name "MY MATCHMAKER", as well as its advertising slogan and logo are registered trademarks. Consequently none of the above may be used or disseminated in any manner whatsoever without the express prior written consent of MY MATCHMAKER.
In accordance with the provisions of the Intellectual Property Code, use of the contents of the Site is only permitted for private use, and for no other purpose whatsoever, save where the Intellectual Property Code imposes different or more restrictive conditions.
Without the express prior written consent of MY MATCHMAKER and/or of any other relevant party, any other use or reproduction, whether in whole or in part, of the above constitutes intellectual property infringement and infringes intellectual property laws.
As a result of the above, the User undertakes not to infringe the intellectual property rights relating to the content of the Site offered pursuant to the Service. MY MATCHMAKER shall not be liable for any unauthorized use of the contents of the Site made available to the User by MY MATCHMAKER in connection with its Service.
As such, the User is liable for any loss directly or indirectly caused by his use of the Service.
Without the express prior written consent of MY MATCHMAKER, the User may not carry out any of the following whilst using the Service (for the avoidance of doubt the list below is non-exhaustive):
-create archive files using the content of the Service,
- reproduction, copying, use, making reference to: the contents (whether in whole or in part), trademarks, logos, distinguishing features of the Site or of the Service,
- copying or imitating the contents of the Site or of the Service for any purpose other than for personal use.
In the event that the above rules are infringed, MY MATCHMAKER reserves the right to block the User's access to the Site and, where appropriate, to issue legal proceedings to recover damages for any loss suffered as a result.
MY MATCHMAKER may be required to disclose any content and/or information in order to comply with its legal obligations or where MY MATCHMAKER believes in good faith that such disclosure is necessary, for example as part of any legal proceedings, in particular in order to: (1) ensure compliance with these General Terms of Use, (2) respond to any complaint and/or claim alleging infringement of third party rights, or (3) protect the rights or interests of MY MATCHMAKER.
12. SEVERABILITY
If any clause of these General Terms of Use is held to be invalid by any applicable law or by any court judgment, that clause shall be deemed to be severed from the remainder of these General Terms of Use, without thereby affecting the validity of these General Terms of Use or of the remaining clauses thereof.
13. LAW AND JURISDICTION
These General Terms of Use are governed by French Law.
The language of this agreement is French.
An English translation of this document is available for information purposes only. In the event of conflict between the French and English texts, the French language version shall be the sole authoritative and binding version.
Any dispute relating to the enforceability, the execution and the interpretation of these General Terms of Use shall be submitted to the exclusive jurisdiction of the Paris Court of Appeal.