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When they are in capitalised form, the terms below have the following definitions:
These GTU apply to all Users of the Website.
The GTU may be modified by the Company whenever it deems it to be necessary, which all Users expressly accept in advance. The Company puts online and makes available any new version of the GTU.
In their relations, the Parties undertake to correspond by means of email, except in special cases where it is necessary to send a registered letter with acknowledgement of receipt. All messages sent by email constitute an acceptable form of proof for establishing any facts, acts and actions of each of the Parties.
The User is not granted any limitation of liability or guarantee in respect of breaches of any of its contractual obligations.
Consequently, the User is liable for any damage, including direct, consequential, resultant, special, incidental, physical and/or non-pecuniary, material and/or non-material damage that it may cause to The COMPANY, Users or third parties due to using the Services or connecting to the Website.
The COMPANY implements the best means to make sure the Contents are accurate. Nevertheless, it is the Users’ responsibility to check the accuracy of the Contents.
In case of inaccuracy of the Contents, the COMPANY cannot incur liability on this account or owe any compensation to Users.
The fact that THE COMPANY does not require performance of any of the clauses of the GTU or tacitly accepts non-performance of a clause either permanently or temporary, cannot be deemed to be a waiver by THE COMPANY of its entitlements under the aforementioned clause or its subsequent performance.
Any use of the Website and its functions contrary to their purpose and aim, is strictly forbidden and constitutes a breach of these GTU.
The Company holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the elements that comprise the Website, including the graphic charters, titles, Website maps, texts, articles, analyses and writing, pictures, videos, images, logos and marks or any other informational and/or downloadable content put online by the Company.
The Website and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of the Company.
The User undertakes to respect the copyrights, trademark rights and database producer’s rights held by the Company; it acknowledges that the databases created by the Company are its sole property.
The Company only grants to the User a right to the private and non-exclusive use of the Content and an authorization to reproduce the Content in a digital format on the computer that is used for the consultation of the Website for the exclusive purpose of displaying web pages consulted by using internet browser.
The User shall refrain from transferring or granting information obtained from the Website and shall refrain creating any derivative works based on the Content of the Website.
The Website and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Website and its technical or graphical components are strictly forbidden without the prior authorisation of the Company.
Provision of the Services does not involve any transfer or granting of any intellectual property rights, apart from the right for the User to use the Services provided online on the Website by the Company, within the limits specified herein.
Any full or partial reproduction of any of these elements without the prior written authorisation of the Company is strictly prohibited. Any breach of this clause will constitute an infringing act and might result in legal action against the Users, in accordance with the regulation and legislation in force.
The use of hyperlinks about and referring to the Website without the prior written authorisation of the Company is also strictly prohibited. The User can obtain an authorisation by an email addressed to the Administrator.
As the information provided by the User is necessary for the Website to be optimised and for the Services to be well executed, the User commits to provide accurate information when he uses the Services.
The User commits not to create a fake identity which could mislead the Administrator or third parties.
The Company provides or is liable to provides, by the Website, the following services to the User:
To use the Website and its functions appropriately, the User must use softwares regularly updated
The pages of the Website are responsive and therefore adapt to all definitions, but a screen with a minimum definition of 1280 x 1024 pixels is recommended, particularly for using the Back Office.
The Administrator cannot guarantee the transfer, storage or printing of the information put online on the Website from or to the User’s system or workstation.
The Administrator will endeavour to deploy proven technical systems likely to provide the required functions of the Website. Nevertheless, the Company does not have any duty towards the User to achieve a given result in this regard, in respect of the security and permanence of the information put online, in particular due to the uncertainties linked to the use and functioning of open networks such as the internet.
In order to meet Users’ needs and to improve the functioning of the Website, the Company may upgrade its functions.
The functioning of the Website may be momentarily interrupted by decision of the Administrator for maintenance or security reasons. No interruption or slowdown in the functioning of the Website can result in a claim of any kind whatsoever, or in particular in compensation, particularly in the event of loss of connection, data or information of any kind whatsoever.
The Users undertake to use the Website and its functions without attempting to bypass the security and protective technical systems. They undertake not to disrupt or paralyse its functioning.
Users who are recognised as responsible for infecting all or part of the Website with viruses, worms, Trojan horses, logic bombs or any other disruptive technical system, undertake to accept all of the consequences, and in particular the financial consequences, with regard to the Company or any third party victim.
In the event of wrongdoing, misconduct or fraudulent or unlawful use by it of the Website, the User undertakes to compensate the Company for any loss that it suffers as a result.
Any use of the Website and its functions contrary to their purpose and aim is strictly forbidden and constitutes a breach of these GTU, and as such is liable to result in a temporary or permanent interruption of the Subscription, at the discretion of the Company.
The Company can decide to block the dissemination or delete any Content put online by the User that infringes:
– French laws and regulations, international treaties, or good conduct;
– the smooth functioning of the Website;
– the legitimate interests of the other Users, Visitors or third parties;
– the image, reputation and interests of the Company and its shareholders, subsidiaries, partners and customers.
The Company cannot incur liability on this account or owe any compensation to Users.
In order to be processed, all complaints concerning the functioning of the Website, its content or any other matters must be sent by email and by registered letter with acknowledgement of receipt to the Company. Complaints will not be considered unless the person making the complaint is duly identified and their contact details are provided.
No direct or consequential injury, and in particular no commercial or financial loss (of turnover, gross margin or opportunity), or damage to image can be compensated by the Company.
In accordance with the principle of business confidentiality, the Parties undertake to show the greatest discretion regarding any information concerning the organisation of the online Services, the content of the Website and their online relations.
Any disagreements regarding the interpretation and/or performance of these GTU must, as far as possible, be settled by amicable agreement between the Parties, which the Company shall endeavour to encourage.
If an amicable solution is not found within a deadline of 30 calendar days, the Parties shall be entitled to refer the matter to the competent courts.
By mutual agreement between the Parties, this provision does not forbid the instigation of any urgent, ex parte or summary proceedings.
IN THE EVENT OF ANY DISPUTE THAT CANNOT BE SETTLED AMICABLY, JURISDICTION IS EXPRESSLY ALLOCATED TO THE COURTS OF LYON, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRDPARTY PROCEEDINGS, EVEN FOR URGENT, PRECAUTIONARY, SUMMARY OR EX PARTE PROCEEDINGS, AS WELL AS FOR ALL REQUESTS BASED ON THE PROVISIONS OF ARTICLE L.442-6 OF THE FRENCH COMMERCIAL CODE.
The GTU are governed by French law regardless of the nationality of the User.
They are to be read, understood and interpreted in French.