GENERAL TERMS AND CONDITIONS OF USAGE OF THE WEBSITE INADVANS.COM « The Website »
Any usage of this Website is subject to prior reading and acceptance of the present General Terms and Conditions of Usage.
- Legal Notices
- Website Editor
InAdvans, (French simplified joint stock company), which head office is located 8, rue de l’Arcade, 75008 PARIS, registered with the PARIS trade and company register under number 537 523 615, represented by Hubert MECHIN in his capacity of President.
Phone number : +33 (0) 6 08 66 98 33
E-mail : hubert.mechinnadvans.com
Publishing Director : Hubert MECHIN
Editing Director : Hubert MECHIN.
- Website host
ONLINE (French simplified joint stock company), which head office is located 8 rue de la ville l’évêque, 75008 Paris, registered with the PARIS trade and company register under number 433 115 904, represented by M. Maxime LOMBARDINI in his capacity of President.
Phone number : 01 84 13 00 00
- Subject matter and Definitions
The General Terms and Conditions of Usage are intended to provide a framework to the Website usage.
Their purpose is to provide a set of rules for the Website usage as long as to define the respective rights and obligations of the Website Users and of the Editor.
The hereinafter defined terms shall have the meaning and scope they are assigned in their definition within the conclusion and the execution of the General Terms and Conditions of Usage herein.
« GTCU » means the present General Terms and Conditions of Usage of the Website, intended at setting a contractual framework for any User usage of the Website;
« Contents » means all the texts, pictures, illustrations, videos, functions and, more generally, any element existing on the Website;
« Editor » or « INADVANS » refers to INADVANS company editing the Website within the meaning of the Digital Economy Law number 2004-575 of the 21 June 2004 (known in French as the « LCEN » Law) ;
« User » means the User accessing the Website, its Contents.
- Contractual documents
The GTCU herein constitute the full scope of the contractual relationship between the User and the Editor for the provision of the Contents within the framework of the Website.
Should a provision of the GTCU herein be held invalid by a competent jurisdiction, the invalidity of such provision would not affect the validity of the other provisions hereof.
No waiver to any of the provisions of the GTCU herein shall be deemed a permanent waiver to such provision or to any other provisions of the GTCU herein.
- Effective date and duration
The GTCU herein shall come become effective without reserve for the User on the day of his/her visit on the Website.
The User acknowledges that browsing across the Website materializes the expression of his/her consent. They shall remain in force for the User for the whole duration of the User usage of the Website.
- Conditions of access and use
The access to the Website and its usage by any User is subject to the GTCU herein, to the Laws in force regarding the publicly available electronic communication services, and more generally to the compliance with any applicable Law.
The Users shall not use the Contents provided within the framework of the Website for other purpose than the purpose intended specified within the GTCU herein, and shall notably refrain from using the Website, including the Contents, to promote a product, a service, a healthcare institution or, in general, for any advertising or promotional or professional purpose.
Any other use in violation of the Editor’s rights exposes the User to civil and penal proceedings.
The User acknowledges and accepts that he/she exclusively bears all internet connection costs.
Moreover, the User is informed that at any time, he/she shall use the updated and validated version of the Website. In no event shall a former Website version be used.
- Presentation of the Website and Contents
The Website is an open web space intended at featuring to any interested User the services, offers, field of activities and business areas released on the market by INADVANS.
The Website additionally allows to get acquainted with INADVANS teams and to access the activities managers’ contact information.
warning : the services and contents provided within the framework of the Website are provided for purposes of information on INADVANS services offer. the information cannot be updated and is of an indicative nature.
the User acknowledges that the usage of the information and of the Website functions is made under his/her own control, direction and responsibility.
- Obligations and liability
The Editor is subject to a best-efforts obligation within the framework of the availability of the Website and the provision of its Contents.
The User acknowledges that the Editor shall not be held liable for any material or immaterial, direct or indirect, whatever the causes (including damages that may be caused by a possible diffusion of viruses, by computer fraud, due to the constraints and limits of the Internet network or due to the loss, the deterioration or alteration of files) nor for the consequences resulting from :
- His/her usage of the Website, its functions and/or from the interpretation of its Contents ;
- The impossibility to access the Website, and Contents, with the exception of direct damages resulting from an intentional or gross fault.
The User shall remain fully and personally liable of the usage of the Website under general law. He/she undertakes to assess the adequacy of the Website and its Contents to his/her needs. He/she acknowledges that any decision based on the Contents, as the case may be is made by the User alone.
In general, the Users undertake to use the Website:
- In compliance with the Laws, regulation and rights of third parties, notably intellectual and industrial property rights ;
- In a sincere manner and in accordance with its intended purpose.
They shall, notably :
- Fulfill their obligations in terms of security, in accordance with the article « Security » of the GTCU herein ;
- Use the Website and Contents in full compliance with the GTCU and legal and regulatory provisions in force ;
- Not merchandise all or part of the Contents accessible via the Website.
In case of non-compliance with one or more of the provisions herein, the access to the Website may be, unilaterally, with full right to do so and without any prior notice, temporarily suspended or permanently blocked.
- Force majeure
The Editor shall not be held liable in case of unavailability of the Website, its Services and Contents, caused by events beyond its control which could not reasonably be foreseen and which effects cannot be prevented by appropriate actions, and preventing the execution of its obligations, within the meaning of the legal definition set out in article 1218 of the French Code civil («Force Majeure Event »).
The execution of the GTCU herein shall be suspended for the duration of the Force majeure event, unless the resulting delay justifies the termination of the User’s registration, and the Editor will endeavor, whenever possible, to put an end to the Force Majeure event or to find a solution allowing the execution of its contractual obligations notwithstanding the Force Majeure event.
The User shall take all appropriate actions to protect its own data and equipment from any virus infection or other forms of attacks possibility circulating via the Website.
The Users acknowledges the existence of risks attached to the usage of telecommunications, including in the presence of a secured access as implemented on the Website, more particularly in terms of:
- Unreliability of the Internet network;
- Uncertain continuity in the access to the Website and its Contents;
- Performances not guaranteed, considering notably the possible diffusion of viruses ;
- Any other technical constraints beyond the Editor’s control and responsibility.
In no event, shall the Editor be held liable for such risks and of their adverse consequences, whatever their extent, for the User.
- Intellectual property
The Editor owns all intellectual and industrial property rights of the Website.
In no event shall the usage of the Website grant the Users any property right on the Website, its Contents.
The User acknowledges that all of the Website Contents including, but not limited to : the domain name, the texts, graphics, pictures, drawings, sounds, data, images, audio and video, but also the Website arborescence, its webmap, the logos, its sections design and organization, their titles, databases, their structure and their contents, whether existing or future, exclusively belong to the Editor, with the authorization of the owners of such rights, as the case may be.
These Contents are exclusively intended to the personal use of the User who is provided a non-collective and non-exclusive right of private usage. Any usage, reproduction, copy, diffusion of one or more content of the Website for a purpose other than private is prohibited.
Users may reproduce some Contents selected extracts for strictly personal use, provided that they maintain and leave unmodified intellectual property copyrights and notices reproduced on the Website pages where the Contents are available.
Except as expressly set out above and unless expressly authorized in advance by the Editor, any reproduction, representation and use, by the User, is prohibited, and in particular:
- Any adaptation, public availability, whether on its request or not, distribution, rebroadcasting in any format whatsoever, networking, public disclosure, whether free of charge or for consideration, of all or part of the works, services, and any contents reproduced throughout the Wesbsite protected or qualifying for protection under intellectual property Laws;
- Any link, access, modification, addition, suppression regarding the automated data processing system of the online edition and modifying the conditions of publication or the editorial policy.
Any other usage whatsoever of the Contents contrary to the Editor’s rights is an infringement notably punished by articles L.335-2 and seq. of the French Intellectual property Code, exposing the offender to civil lawsuit and criminal prosecution.
The Editor reserves the right to take any action it sees fit to avoid or put an end to the infringement to its copyrights or to third parties copyrights, without incurring any liability as a result of such measures.
- Hypertext links
- From the Website
The Editor does not check the contents and the websites possibly linked to the Website and in no event shall it be responsible for the content of the websites accessible through these links.
Their presence does not imply any endorsement or validation of their contents by the Editor nor any acceptation of any liability whatsoever for the content or the usage of such third-party websites.
The links are suggested on a strictly indicative basis by the Editor without any selection, qualification or certification process of the said websites.
Each User accesses the third-party websites under its sole and entire liability, including when links are pointing from the Website.
- Toward the Website
Any implementation of hypertext links pointing to the Website is subject to the Editor’s prior and express authorization which may be requested at the following address : firstname.lastname@example.org
- Personal data protection
The Website is designed to be highly responsive to User’s needs. To that extent, use is made of cookies/tags.
A cookie/tag is a small alphanumeric file dropped in the Website code.
The sole purpose of cookies/tags used within the Website framework is to enrich and implement the usage of the Website by Users by :
- The cookies/tags dropped during Website usage does not allow personal identification of the User but saves information regarding computer browsing on the Website that the Editor may read during the subsequent visits of the User on the Website.
- Collected information is intended for the Editor or its technical services provider only, and is in no event passed on to third parties.
- Agreement regarding evidence –Electronic signature
Computerized records stored in the Editor’s information technology system using an encryption system shall be considered as evidence of the communications and of the various transmissions of writings and electronic files between the Users and the Website, and the Editor.
Pursuant to the provisions of articles 1316-4 and seq. of the French Civil Code, the implementation of an electronic signature, using a reliable process of identification guaranteeing its connection with the instrument thereto, shall be considered as a valid signature and as evidence within the meaning of the above-mentioned provisions.
The User cannot challenge the admissibility, validity or the probative force of the elements provided under the above-mentioned electronic format or material support, on the ground of any legal provision whatsoever requiring certain documents to be made in writing or signed to constitute evidence. Therefore, the said elements shall constitute evidence and, should they be used as evidence by the Editor in any litigation procedure or other, shall be admissible, valid and opposable, in the same way, the same conditions and with the same probative force as any file that would be drawn up, received or stored in writing.
14. Amendments to the GTCU and Website developments
The Editor reserves the right to amend, at any time, the GTCU herein or the rules regarding the usage of the Website, and the Contents. Each new version of the GTCU herein will be put online on the Website. Each User shall frequently consult the GTCU herein. Any usage of the Website following an amendment to the GTCU, entails the acceptance of such GTCU amendment.
Besides, the Editor reserves the right to develop the Website and the Contents. Technical modifications may occur without notice from the Editor. Besides, the Editor reserves the right to temporarily or permanently suspend the Website access, without notice, nor consideration of any kind whatsoever.
- French Law
The Website was designed for French Users. The GTCU herein are governed by French Law.
Consequently, the Users acknowledge that, generally, any information released and/or shared may be incoherent or inappropriate outside of France.
Failing to reach an amicable agreement, any claim regarding the Website or in connection with its usage shall be submitted to the Courts of France.
The Editor may assign the GTCU herein at any time to any subsidiary or successor, irrespective of the nature of the operation.
The User shall not assign its agreement with the Editor.