GENERAL TERMS AND CONDITIONS OF USE
The services and editorial content of houles.com are offered free of charge, in their entirety, by the Houlès team (hereafter "houles.com"). This site is published by Ibusiness-solutions, 41 avenue du Centre 78180 Montigny-le-Bretonneux .
1. DEFINITIONS
Editorial content: means all of the information made available to Users by Houlès.
Personal Data: means the personal information which the User provided when subscribing to the Specific Service offered by houles.com (i.e. access to pdf type documents) and/or provided within the framework of the use of Services.
Intellectual Property Rights: means the trademarks, domain names, copyrights, designs and models, patents and rights on the Data Bases or any other intellectual property rights exploited by Houlès and necessary to its activities as a Service provider.
Form: means the registration or information request form which the User may complete in order to benefit from certain services offered by houles.com after having read these General Terms and Conditions of Use.
Hyperlink: means the reference system materialised by a word, an icon or a logo which, when clicked, enables Users to pass from one document to another on the same website or from the page of one website to the page of another website.
Services: means all of the services, including the Specific Services, offered by Houlès to Users through its website www.houles.com.
Website: means the Internet site made available to the public on the Internet at the URL http://www.houles.com.
User: means the individual, of full legal age and capacity, using the Services offered by houles.com.
2. PURPOSE
The purpose of the General Terms and Conditions of Use is to define the terms and conditions in which Houlès provides Services to Users. Any use of one of the Services offered by Houlès must comply with these General Terms and Conditions of Use.
3. ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE
The User declares to have read and to have expressly and unconditionally accepted these General Terms and Conditions of Use in force on the day of access to the website and subscription to the Services offered by houles.com.
Houlès reserves the right to modify all or part of these General Terms and Conditions of Use at any time. Users are therefore advised to refer to the latest version of the General Terms and Conditions of Use which are permanently available on the Website houles.com. Any use of Services after the modification of the General Terms and Conditions of Use constitutes the User’s unconditional acceptance of the new General Terms and Conditions of Use.
4. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that Houlès is the sole owner of the Intellectual Property Rights relating to the Website houles.com and to the Editorial Content.
No provision of these General Terms and Conditions of Use may be construed as conferring to the User a licence to use the Intellectual Property Rights which Houlès may own or have the exclusive right to exploit.
Houlès only grants permission to view its Editorial Content for personal and private purposes, to the exclusion of any other public viewing or distribution.
Therefore, any representation, reproduction or extraction which has not been authorised by Houlès of the Editorial Content or of its Website as well as any other Intellectual Property Right is strictly prohibited and may lead to prosecution. Offenders may be prosecuted (under civil and criminal law) and may incur the penalties specified in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.
5. LIABILITY
The User expressly acknowledges that he must exercise discretion in the use of Editorial Content and bear all risks associated therewith, particularly when relying on the appropriateness, usefulness or completeness of such Editorial Content, and shall carry out any checks under his responsibility.
The Houlès team takes all the care it considers necessary for the creation of the Editorial Content. However, Houlès makes no warranty as to the reliability of the information contained in the Editorial Content. As such, Houlès cannot be held liable for damages resulting from the use by the User, for any purpose whatsoever, of the information constituting the Editorial Content.
The houles.com website contains Hyperlinks to websites operated by third parties. Houlès cannot exercise any control over these websites or assume any responsibility for their content. The inclusion of such links does not mean that Houlès approves the content on these sites. Houlès cannot be held responsible for the content of these websites, and the fact that these websites are listed on the houles.com website does not in any event incur the liability of Houlès. Houlès does not provide any guarantee as to:
- the accuracy, the timeliness and the completeness of the content of indexed Websites;
- the relevance and the completeness of indexed websites;
- the difficulties of access and operation of these websites.
The User acknowledges that:
- the use of the Services is at his own risk and in particular regarding the downloading of data, files or software which could harm his computer. Houlès cannot be held liable for any loss of data, viruses, computer bugs or damage affecting his computer;
- Houlès does not guarantee the adequacy between the Services Offered and the User’s expectations;
- Houlès does not guarantee the quality and/or the legality or the compliance with the law of any content which is not created by Houlès and in particular the content and opinions expressed by the User or published on external websites which are accessible by means of a Hyperlink;
- Houlès cannot be held liable for the publication of data by the User in breach of rights, in particular private rights, held by third parties;
- Houlès cannot be held liable for damage resulting from technical factors and in particular the unavailability of its Website and any fault in the operation thereof;
- Houlès cannot be held liable for any direct or indirect damage, such as financial losses, loss of earnings or disorders of any nature whatsoever which may result from the use or the inability to use the Services offered.
In addition, the User guarantees Houlès against any claims or actions that could be filed against him in any capacity and for any reason whatsoever, and more generally in connection with the capture of data and information, any person who considers himself to have been wronged by the posting of such data or information on the Website and undertakes to indemnify the company for any legal and extra-judicial costs which may result therefrom.
6. ACCEPTANCE OF RISKS OF THE INTERNET
The User declares that he is familiar with the Internet, its characteristics and its limits and acknowledges in particular:
- that the Internet is an open network which cannot be controlled by Houlès and exchanges of data over the Internet only have relative reliability, and are not protected in particular against any risks of potential hi-jacking or piracy;
- that the communication by the User of sensitive information is therefore performed at his own risk;
- to be aware of the nature of the Internet and in particular its technical performances and response times to consult, interrogate or transfer data.
Houlès cannot guarantee that the information exchanges will not be intercepted by third parties, and that the confidentiality of exchanges will be guaranteed.
Houlès informs the User of the existence of the rules and practices in force on the Internet known under the name of Netiquette as well as various codes of ethics and in particular the Internet Charter which are available on the Internet.
7. ACCESS TO SERVICES
Houlès endeavours wherever possible to keep its website accessible 7 days a week and 24 hours a day but may interrupt access, in particular for maintenance purposes and upgrades or for any other reasons, in particular technical. Houlès is not in any event responsible for these interruptions and the consequences that may result for the User.
Houlès reserves the right to deny any User access to all or part of the houles.com Website unilaterally and without prior notice, especially in cases of clear violation of these General Terms and Conditions of Use.
The User acknowledges that Houlès cannot be held liable for any direct or indirect damage which occurs due to the removal of access to the User to the houles.com Website.
8. CONDITIONS OF ACCESS TO SERVICES
8.1 CONDITIONS OF ACCESS TO FREE SERVICES
Access to the Editorial Content of the houles.com Website, is entirely open and free of charge.
8.2 CONDITIONS OF ACCESS TO SPECIFIC FREE SERVICES
The use of the Specific Services implies the User’s compliance with a registration procedure by which he must provide his contact details. The User undertakes to ensure that the information communicated, in particular personal information, is accurate, complete and up to date and to make any modifications which may be necessary in this regard.
In consideration of the free provision of specific services, you accept, as a USER, to receive once a week at the most, a commercial offer by email sent by www.houles.com or its partners.
At any time, you may refuse to receive this type of offer. Each advertising message contains a link which enables to you stop receiving emails and to unsubscribe.
Within the framework of this procedure, the User declares to have read and expressly accepted these General Terms and Conditions of User which are in force on the day of subscription to the Specific Services by clicking on the icon which says “I accept the General Terms and Conditions of Use: dispatch of data”. Any acceptance expressed by the User by clicking has the same value as his handwritten signature. By clicking, the User is deemed to have irrevocably given his agreement.
9. PERSONAL DATA – CONFIDENTIALITY OF DATA COLLECTED
Houlès collects the information provided by Users:
- by means of a Form or directly sent by Users to know them better and to enable them to benefit from the Specific Services offered by Houlès;
Aware that the collection and processing of Personal Data on the Internet must respect fundamental human rights, Houlès undertakes to ensure that any processing of personal data on the houles.com Website complies with Law n°78-17 of January 6, 1978 relating to Computers, Files and Freedom.
The User has a right to access (Articles 34 to 38 of the 1978 Law) and to modify (Article 36 of the 1978 Law) his Personal Data.
The User may exercise this right at any time by sending an email to the « contact » section of our Website in order to correct, complete, clarify, update or delete any personal information which may be inaccurate, incomplete or out of date. A maximum period of 15 days is required before the User’s request is taken into account.
Houlès undertakes to use its best efforts to protect Personal Data, to prevent it from being distorted, damaged or communicated to unauthorised third parties pursuant to Article 29 of the Law of January 6, 1978.