CookiePrompt Terms and Conditions

These Terms and Conditions are in effect as of 1 May 2012.

The website (hereinafter referred to as “CookiePrompt”) is owned and operated by Happen Web Technologies Ltd, 132a High Street, Sevenoaks, Kent TN13 1XA.

All Subscribers using CookiePrompt must read, accept and comply with the present Terms and Conditions, which replace any prior agreement or document binding the Subscriber and CookiePrompt (referred to herein as "we," "us," "our" or "CookiePrompt").

The Terms and Conditions (hereinafter referred to as "T&C") are permanently available on the Website. CookiePrompt reserves the right to amend or alter the present T&C at any time without prior notification.


The terms and expressions as used herein, and identified by a beginning capital letter, shall carry the following meanings. In the present T&C the words imposing singular shall also include the plural and vice-versa where the context so requires.

Subscriber: Designates any person or entity, acting alone or representing a third party, exercising a commercial profession, that registers on the CookiePrompt Website after accepting the T&C.

Main Email Address: Designates the Email Address that the Subscriber wishes to use to communicate with CookiePrompt.

Internet Solution Center: Designates CookiePrompt partners that perform certain services for CookiePrompt Subscribers.

Terms and Conditions: Designates the present terms and conditions of use for the CookiePrompt Website, whose objective is to define the terms and conditions under which CookiePrompt provides its Services, and access to these Services, to Subscribers.

Special Conditions: Designates, if necessary, the terms and conditions completing these T&C for a specific Subscriber.

Content: Designates any information, data, or other material protected by intellectual property rights and made available by the Subscriber in accordance with the T&C and Special Conditions.

Subscription Contract: Designates the combination of the present T&C and the Special Conditions that may be defined for any additional Services.

Registration Date: Designates the licence purchase date.

Deactivation: Account left intact, but no longer serving content for the period of time specified in the present T&C.

Password: Designates the code that is attached to the Subscriber.

Partner: Designates any third party company whose services are offered by CookiePrompt.

Services: Designates all of the services offered by CookiePrompt.

User: Designates an Internet user who is not a CookiePrompt Subscriber.

Website: Designates a website that the Subscriber wishes to subscribe to CookiePrompt with.

2 - Acceptance of T&C

Access to and use of the CookiePrompt Website and Services is restricted to Subscribers who have read and accepted the present T&C.

The Subscriber represents and warrants the ability to contract and create binding legal obligations and the necessary authorizations to do so.

Use of the CookiePrompt Website is subject to compliance with the present T&C.

CookiePrompt reserves the right to amend or alter the present T&C at any time. Whenever possible, CookiePrompt notifies Subscribers of changes to the T&C on the CookiePrompt Website.


The CookiePrompt Website is intended for professionals wanting to control cookie behaviour on their website. To do so, CookiePrompt provides several types of Service, including but not limited to:

- Creation, customization, and modification of Website records;
- Hosting of aforementioned Website records;
- Access to online applications;
- Access to all other Services offered by CookiePrompt.

Subject to other specific provisions, the CookiePrompt Website can be accessed from any location, given that minimal technical conditions are respected, particularly in terms of Internet access.

The Subscriber agrees to conform to general standards of behaviour and public order relating to Internet users and applicable in the country from which the Subscriber uses the CookiePrompt Website.

CookiePrompt reserves the right to modify or relocate the content making up the CookiePrompt Website and to temporarily or permanently suspend the CookiePrompt Website in part or in its entirety. CookiePrompt reserves the right to do so at any time and without prior notification to the Subscriber.


To access CookiePrompt Services, all Subscribers must create an account by filling out the online registration form and accepting the present T&C entirely and without reserve.

At the time of registration, the Subscriber will specify a Main Email address and Password allowing them to access their account. The Subscriber is solely responsible for maintaining the confidentiality of his or her Main Email address and Password and accepts the consequences of all actions performed using his or her Main Email address and Password.

The Subscriber guarantees the authenticity of the data he or she provides and that this information is exact, complete and up-to-date. The Subscriber is solely responsible for any false or inaccurate statements. If so provided, CookiePrompt reserves the right to suspend or terminate the Subscriber's account or the data and files therein, refuse access to these sites, pages, files and data or ban the Subscriber from any or all CookiePrompt Services without notice or compensation, and without prejudice to any rights or remedies the Subscriber may have at common law or in equity.

CookiePrompt reserves the discretionary right to suspend access to Services to persons providing information at the time of registration that CookiePrompt deems incompatible with the structure and management of our Services.


Cookie management services are provided to the Subscriber from the time of his or her registration on the CookiePrompt Website.

The Subscriber's rights to access Services are strictly exclusive and non-transferable.

For services requiring the exchange of information with the Subscriber, such as investigation of issues arising from the use of CookiePrompt, the Subscriber agrees to provide the information necessary to perform the service in a timely manner. The absence or undue delay of said information will lead to the cancellation of the service at the Subscriber's expense and no refunds will be made.


The Subscription Contract is concluded for a one (1) year period beginning on the Registration Date. It is renewable by tacit agreement for annual subscription periods.

The Subscriber has the right to cancel any or all Services he or she was using in the preceding year.

If the Subscriber decides to cancel subscription to the CookiePrompt service, his or her account will be deactivated but left intact for a twelve (12) month period in accordance with article 14.2 below to allow the Subscriber to reconsider his or her decision.

If the Subscriber purchases several annual subscriptions corresponding to different websites in advance, these subscriptions are non-refundable and the Subscription Contract is concluded for the period covering all prepaid services.

No sum is owed by CookiePrompt to the Subscriber in the case of early cancellation of his or her Subscription Contract.


7.1 Charges and Payment

The price and Special Conditions of CookiePrompt Services can be accessed on the site

CookiePrompt reserves the right to revise these prices at any time.

7.2 Billing

The Subscriber is billed annually on the anniversary date of his or her subscription activation.

Subscription is payable in advance directly on the CookiePrompt site using the payment methods available on the site

In the case of a late payment by arrangement, CookiePrompt by right will charge the Subscriber a penalty calculated at the legal rate in effect, with a minimum collection of 15 GBP per payment incident.

In the case of denial from the financial institutions concerned by the payment method selected by the Subscriber, a fee of fifteen (15) GBP will be automatically billed to the Subscriber. Furthermore, CookiePrompt will no longer authorize the payment method giving rise to the denial and the Subscriber will have to select an alternative payment method for future payments.


The Subscriber agrees to use the CookiePrompt Website and Services in compliance with all stipulations in the Subscription Contract.

The Subscriber also agrees to respect all legal provisions in effect.

8.1 Content Dissemination by Subscriber

The Subscriber is responsible for the Content he or she disseminates via our Services.

For all useful purposes, it is specified that the Subscriber remains the sole editor of the Content he or she edits. CookiePrompt can is no case be considered an editor of content created by our Subscribers via these Services.

When disseminating Content, the Subscriber agrees to respect all legal and statutory provisions in effect.

In this regard, the Subscriber agrees not to disseminate Content, regardless of their nature or form:
- justifying crimes against humanity or war crimes, Nazism, crimes or offenses, protesting against the existence of crimes against humanity or acts of genocide, violating human dignity or other offenses;
- inciting violence, pornography, pedophilia, or intending to harm minors;
- prejudicial to the public order and moral standards;
- considered to be libelous, defamatory, insulting, misleading, slanderous, or outrageous toward a third party, physical or moral person;
- involving acts of counterfeit, unfair competition or parasitism;
- of a racist or xenophobic nature, negating genocide, harmful to the honor or reputation of others, inciting discrimination, hate or violence towards a person or group based on their origins, sex, color, marital status, ancestry, state of health, disability, genetic characteristics, morals, real or assumed sexual orientation, age, political opinions, union activities, real or assumed membership to an ethnicity, nation, race or religion;
- considered as an invasion of privacy, revealing personal information about individuals or groups, or infringing on image reproduction rights of outside individuals;
- containing viruses, worms, Trojan horses, and any other items (file, software program, or other) of a destructive nature that may suspend, destroy or limit the functionalities of any computer or computer network closely or remotely connected to CookiePrompt activities;
- threatening a person or group;
- inciting crimes, offenses or acts of terrorism;
- violating secrecy of correspondence; or
- allowing a third party, directly or indirectly, to obtain pirated software, hacker programs or archives, viruses and other logic bombs and, more generally, any software or other program or application infringing on the rights of others and compromising the security of individuals and goods.

The Subscriber also agrees not to create hypertext links to other websites that do not respect these same principles.

Furthermore, concerning sites presenting products and e-commerce sites, the Subscriber agrees to:
- not distribute, reproduce, display, publish or otherwise commercialize products whose commercialization is strictly prohibited, in particular animal species and animal parts, firearms and explosives, cultural property, embargoed goods, stolen property, credit cards, Identification cards or documents issued by the government (ID cards, passports, birth certificates), lottery tickets, tickets or contracts (resale of travel contracts without rights), illegal decoders, drugs and associated objects, illegal surveillance equipment, counterfeit currency, coins and stamps, financial instruments (stocks, bonds, titles, deeds and other certificates), postage meters, banned or regulated merchandise, burglary tools (lock-picks, motor vehicle master keys), controlled substances, human organs or any other human body part, hazardous and illegal substances, tobacco and associated products;
- carefully read the contracts, regulations and terms of sale pertaining to each product as they are likely to restrict the rights of the Subscriber to sell said product on his or her Website; and
- verify that commercializing said products is not restricted by the administration.

Any breach of the present obligations shall be deemed grounds for suspension or termination of the Subscription Contract or removal of the Content by CookiePrompt in compliance with articles 13 and 14 of the present T&C.

8.2 Email Accounts Used by the Subscriber

At the time of registration, the Subscriber provides CookiePrompt with the email address he or she wishes to use within the framework of the Subscription. This email address is the Subscriber's main email address (the Main Email Address). CookiePrompt communicates with the Subscriber through this address.

If the Subscriber wishes to change the Main Email Address, he or she must inform CookiePrompt immediately and modify this address in their personal information pages.

The Subscriber therefore agrees to regularly consult the messages sent by CookiePrompt to this address. All communications sent from CookiePrompt to the Main Email Address of the Subscriber is reputed as having been received and read by the Subscriber.

CookiePrompt uses this mailbox to send two types of mail:
- Mail containing technical information. Considering the important nature of these messages for maintaining the CookiePrompt/Subscriber relationship - accepted by the Subscriber - it is impossible to unsubscribe from this mailing list; and
- Mail containing customer service information (software development, new services, etc.). For this type of mail, the Subscriber is free to unsubscribe from this mailing list at any time using the link provided for this purpose in all of the messages sent to the Subscriber.


9.1 Continuity of Services

CookiePrompt commits to do everything necessary to insure the continuity of our Services for Subscribers, in accordance with articles 9.3, 12, 13 and 14 of the present T&C.

CookiePrompt must exercise due care with regard to the Subscriber.

CookiePrompt cannot be held responsible for the quality of services provided by our Partners insofar as the Subscriber has freely entered into a contract for this service with a Partner.

9.2 Connection of Subscribers with Partners and Internet Solution Centers

The Subscriber is free to abstain from or enter into contracts with the interested Partner or Internet Solution Center.

In any event, if the Subscriber and the Partner or Internet Solution Center establish a contractual relationship for any reason, CookiePrompt should be considered as a third party in this contractual relationship, exercising no control over the services of our Partner with whom we hold no employee-employer relationship.

9.3 Hosting Services

The account created by the Subscriber is hosted on CookiePrompt servers.

These servers are accessible 24 hours a day, 7 days a week, subject to the application of the stipulations of the present article and articles 12, 13, and 14 of the present T&C.

CookiePrompt reserves the right to interrupt Services at any time, without being held liable and without refund:
- in the event of a computer system, software or other server equipment failure;
- for maintenance and/or development reasons, and in particular for the modification of features, or technical infrastructures of our providers.

The Subscriber expressly accepts that a reference indicating that CookiePrompt hosts his or her account be placed on his or her Website, so that CookiePrompt is in a position or respect the obligations to which we are subject as an account hosting service, in particular in accordance with the 21 June 2004 law concerning trust in the digital economy. The Subscriber agrees to make sure that this reference is always visible by Internet users and not to hide this reference using any possible method/technique.

9.4 Notification Procedure

If Internet users observe illicit Content and wish to have it removed, they are encouraged to inform CookiePrompt by means of the notification system provided for this purpose on the site

The Internet user reporting illicit Content must provide CookiePrompt with all the necessary information either by email or using the form available on the site This information may include but is not limited to:
- The date of notification;
- Their first and last name, profession, place of residence, nationality, date and place of birth if a physical person;
- Their corporate structure, company name, corporate headquarters and entity or organ representing them if a moral person;
- The description and precise location of the contentious material;
- The reasons why the content should be removed, including factual and legal grounds;
- The copy of the communication addressed to the author or editor of the contentious content requesting its removal, modification or suspension, or proof demonstrating that it was not possible to get in touch with the author or editor.

Upon receiving this type of notification, CookiePrompt can immediately and legally remove the Content presumed to be illicit in accordance with the legislative provisions in force. CookiePrompt can also request that the Subscriber who provided this Content supply any elements allowing them to justify the licitness of this provision.

If CookiePrompt receives a notification pointing out content referencing crimes or offences, crimes against humanity, inciting racial hatred or relating to child pornography, CookiePrompt will notify the proper authorities.

A User presenting Content as illicit to CookiePrompt, knowing that this information is inexact, in the aim of having said Content removed, may be held liable.


10.1 - CookiePrompt Intellectual Property Rights

The site is the exclusive property of the Happen Web Technologies Limited.

All material protected by intellectual property rights and made available by the Subscriber remain the exclusive property of CookiePrompt.

CookiePrompt Subscribers acknowledge and accept that the CookiePrompt websites and their content - including but not limited to the text, software, music, sounds, photographs, videos, designs or any other material contained in the advertisements and any other information of a commercial nature produced and presented by the sites - are subject to protection by intellectual property rights (trademarks, copyrights, graphics, templates, or patents). Subscribers are not authorized to copy, use, reproduce, distribute any or all of the sites and/or their content or produce creations derived from any or all of the sites and/or their content without the express written agreement of CookiePrompt.

10.2 - Subscriber Intellectual Property Rights

All material likely to be protected by intellectual property rights and provided by the Subscriber on his or her own Website remains the exclusive property of the Subscriber.

The Subscriber guarantees that he or she owns, or holds without restriction, all authorizations required in terms of intellectual property rights to use protected material on his or her Website. In this regard, the Subscriber protects CookiePrompt from all claims and/or actions which anyone may bring against us regarding the ownership of this Content, as well as any damages, whether direct or indirect, that CookiePrompt may suffer as a result.

CookiePrompt cannot be held responsible for incidents which may ensue from the diffusion of said Content by the Subscriber.

In the hypothesis of the Subscriber's noncompliance with the present article, CookiePrompt reserves the right to remove the contentious Content, close the concerned account, as well as cancel the Subscription Contract in accordance with the conditions described in the present T&C.

10.3 - Use of Subscriber references and information

Accepting the present T&C implies that the Subscriber authorizes CookiePrompt to use his or her contact information, including the Subscriber's Website address - to which a hypertext link may be created - for commercial purposes.

Likewise, the Subscriber allows CookiePrompt to use this information in a "Testimonials" section of the CookiePrompt site.

The Subscriber expressly authorizes CookiePrompt to reproduce his or her logo or any other material from the Subscriber's Website that is protected by the framework of intellectual property rights.

The conditions of use concerning the Subscriber's contact information and Website elements in the "Testimonials" section of the CookiePrompt site can be specified in writing by CookiePrompt upon the express written request of the Subscriber.

The Subscriber has the right to refuse this use by providing CookiePrompt with his or her refusal in writing.


11.1 - Collected Data

To use the CookiePrompt site and the Services we offer, Subscribers are asked to provide CookiePrompt with personal information concerning said Subscribers.

Subscribers must provide the required data during the registration procedure in the mandatory fields (the "Data") to use CookiePrompt Services.

In the absence of required data, registration for CookiePrompt Services cannot be completed.

11.2 - Purpose

Data provided at the time of registration on the CookiePrompt Website and during the use of our Services will be used for the following purposes:
- Accessing Services;
- Sending CookiePrompt newsletters;
- Preparing bills/invoices;
- Producing statistics about the use of the CookiePrompt website;
- Improving marketing and promotional efforts as well as the content and offers of the CookiePrompt site;
- Receiving custom offers.

11.3 - Data Treatment

The Data is intended for use by CookiePrompt personnel for site and Service management purposes. In an anonymous manner, certain data may be accessed by Internet users and may be transferred to commercial companies for prospecting purposes. Notwithstanding the foregoing, certain information, such as the password, credit card number, or bank account number will never be communicated to these companies in any form.

Under specific circumstances, CookiePrompt must disclose this Data to judicial authorities upon request.

11.4 - Data Conservation

CookiePrompt stores Data for a period of time that is strictly necessary to perform the aforementioned purposes. Beyond this period, the Data is exclusively stored for statistical purposes and will not be exploited in any way.

CookiePrompt is also obligated to store the data to allow for the identification of users who provide illicit content for the purpose of transmitting this data to competent authorities upon judicial requisition, excluding all third parties, in accordance with the conditions authorized by law.

11.5 - Data Transfer

Within the normal framework of our activities, CookiePrompt may collect and treat information concerning Subscribers in France. It is possible that some information is hosted by a technical service located in the United States of America, the role of said service being strictly limited to a technical information storage service. In this hypothesis, it is specified that this service will not use this Data in any manner.

11.6 - Subscriber Rights

Subscribers have the rights of access, rectification, deletion, and opposition of their personal Data. If Subscribers wish to consult the Data provided by CookiePrompt, cancel his or her subscription to any or all Services, to the newsletter or any other service, he or she can (i) consult the Data and/or make the necessary modifications in said Data in his or her personal information pages, or (ii) make a request, by registered letter with acknowledgement of receipt, to the following address: CookiePrompt - Customer Service - 132a High Street, Sevenoaks, Kent TN13 1XA, United Kingdom.

Similarly, Subscribers can also demand that inaccurate, incomplete, ambiguous or out of date personal Data be rectified, completed, clarified, updated or deleted.

Furthermore, Subscribers have the right to object that his or her personal Data be treated or transferred by making a request, by registered letter with acknowledgement of receipt, at the aforementioned address. Certain Data being necessary for the use of Services, Subscribers wishing to object to the treatment of their Data will not be able to use Services.

11.7 - Cookies

CookiePrompt may use cookies to facilitate system administration. CookiePrompt uses cookies to recognize Internet user IP addresses, perform statistical analyses and gather general information about our audience in order to offer a service that is as customized as possible.

Subscribers wanting to register on the CookiePrompt website and use our Services cannot object to the insertion of cookies on their computers because this allows us to customize the services and content available on the CookiePrompt website.

The identification code is stored in the computer for (1) year.

Using cookies is very common on the Internet network. Nevertheless, it is possible to object to the insertion of cookies by configuring the computer's browser preferences not to accept cookies. If the Subscriber chooses not to accept cookies in his or her browser, he or she can nevertheless use CookiePrompt Services in their entirety, after having registered, which is mandatory for the use of all CookiePrompt Services.

11.8 - Security

CookiePrompt commits to maintaining the confidentiality and integrity of any personal Data collected from the Subscriber or User.


CookiePrompt is not responsible for the Content hosted via Subscriber content.

As a reminder, CookiePrompt has no control, in any form, over the nature and characteristics of the data that may pass through or be stored via our Services. In this regard, CookiePrompt will not be held responsible for:
- The content of messages sent by the Subscriber by means of CookiePrompt Services;
- Damage caused by the loss, alteration or fraudulent access to the data stored and/or hosted by CookiePrompt.

For all practical purposes, it is specified that CookiePrompt is not the editor of Subscriber content and, consequently, CookiePrompt cannot be held responsible for any reason in this regard.

Furthermore, CookiePrompt cannot be held responsible in any manner whatsoever for any damage, no matter the nature, caused directly or indirectly from any service performed by one of our Partners, in accordance with the stipulations of article 9.2 of the present T&C.

CookiePrompt will not be held responsible for any indirect damage, such as the loss of income, clientele, data, any financial or commercial damage, commercial disruption, loss of profit or any immaterial damage.

CookiePrompt will not be held responsible for content available on other sites or Internet sources accessible through hypertext links inserted on the site (and in particular owing to advertisements, products, services or any other information).

In accordance with the provision of articles 9.3 and 13, CookiePrompt reserves the right to remove or suspend access to any Content after receiving a notification from a Subscriber or third party, or if we have actual knowledge of the flagrantly illicit Content. CookiePrompt will not be held liable for in consequence of this removal or suspension.

CookiePrompt is not able to guarantee Subscribers that no errors will occur while using the site. CookiePrompt does not guarantee that the obtained results, information and services will be free of defect or error.

Moreover, CookiePrompt is dependent on the quality of the Internet network. Consequently, CookiePrompt does not guarantee the reliability of our Services and does not correct faults observed on the Internet network. Thus, CookiePrompt will not be held liable for difficulties in the diffusion of Content or, more generally, for any disruption of the Internet network affecting the use of our Services. CookiePrompt makes no guarantees concerning the diffusion conditions, diffusion quality, transmission and accessibility of Content.


If CookiePrompt is notified in accordance with the conditions of article 9.3 that the Content diffused by the Subscriber does not comply with the stipulations of the present T&C, CookiePrompt has the right to immediately remove the alleged illicit Content. CookiePrompt also has the right to block the Subscriber's access to any or all Services or suspend the Subscriber's account at any time and without compensation for any period of time CookiePrompt deems appropriate.

Insofar as is possible, CookiePrompt will notify the concerned Subscriber about the removal of the Content or the suspension of his or her account and the reasons prompting this removal or suspension.


14.1 Cancellation

In case of the Subscriber's noncompliance with the obligations of the present T&C, the Subscription Contract can be terminated by CookiePrompt at any time after formal notice by registered letter with acknowledgment of receipt remaining unsuccessful at the expiration of a ten (10) day time period, without the Subscriber being able to claim any penalties.

14.2 Deactivation

When the Subscriber voluntarily decides to unsubscribe from all of the Services he or she is subscribed to and/or when the Subscription Contract is terminated in accordance with the conditions outlined in article 14.1 of the present T&C, CookiePrompt can proceed to the deactivation of the concerned Subscriber's Website(s) for a period of twelve (12) months before the final destruction of the data relating to said Website(s).

At the expiration of this twelve (12) month period, and excepting the conclusion of a new Subscription Contract respecting all of the obligations stipulated in the present T&C, the data will be permanently destroyed by CookiePrompt.


15.1 - Force Majeure

Any event relating to a case of force majeure, such as is normally defined by case law, suspends the rights and obligations of the parties. In the case where the events persist beyond a two (2) month time period from the time of incidence, the parties can terminate the Subscription Contract with no penalties by means of a registered letter with acknowledgment of receipt notifying the facts in question and the date of incidence of the force majeure.

15.2 - Partial Invalidity

The present T&C remain valid and in force, even if one or more clauses are invalid.

15.3 - No Partnership

The parties remain independent of one another. No stipulations in the present T&C constitute a partnership agreement, warranty, joint venture, representation or employee-employer relationship between the parties.

15.4 - Confidentiality

CookiePrompt and the Subscriber, as well as their associates, respectively promise to keep confidential - for any and all reasons - all documents, software, know-how, data, and material and immaterial information, communicated by the other party to carry out the present T&C for the length of the Subscription Contract and one (1) year after its expiration and not to use these materials or have them used outside of the requirements of the Subscription Contract. This commitment remains in effect during the deactivation of the Subscriber's Website.

15.5 - Transfer of Subscription Contract

The Subscriber cannot transfer the Subscription Contract, or any part thereof, to a third-party person in any form, by onerous or free title, or let a third-party person profit from the advantages of the subscription or be replaced by a third-party person for the fulfilment of obligations, without the prior express approval of CookiePrompt.

In order to fulfill our engagements, CookiePrompt reserves the right to surrender, transfer or give a third-party person or entity, in any form, any or all rights and obligations in the present T&C or use a third-party replacement for the fulfillment of any or all of the rights and obligations in the present T&C.

15.6 - Notification / Complaint

Unless otherwise indicated, any complaints and/or comments from the Subscriber must be addressed to CookiePrompt by registered letter with acknowledgment of receipt at the following address:

132a High Street
TN13 1XA
United Kingdom

15.7 - Applicable Law and Competent Jurisdiction

The present T&C are subject to UK law, no matter where the Subscription Contract is concluded.

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