1. PREAMBLE
1.1 PURPOSE OF THE GENERAL CONDITIONS OF USE
These General Conditions of Use (hereinafter referred to as “the T&Cs”) are intended to define the conditions of use of the website accessible in particular at the address taiwanhousing.tw (hereinafter referred to as “the Website”), the micro-enterprise Florian Martinet (hereinafter referred to as “the Company”) made available to Internet users (hereinafter referred to as the “Users”).
1.2 PUBLISHER IDENTIFICATION
The User is informed that the Website is published by the Company:
Florian Martinet
SIRET 812 150 829 00024
Head office: 50 route de Corbas, 69780 Mions, France
Intra-community VAT: FR 0812150829
1.3 PUBLICATION DIRECTOR
The publication director of the Website is Mr. Florian Martinet.
1.4 CONTACT THE COMPANY
The User has the possibility of contacting the Company:
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by simple letter to the address indicated in article 1.2 above;
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by email using the contact form ;
1.5 WEBSITE HOST
Amazon Web Services EMEA SARL, French Branch
31 Place des Corolles
92400 COURBEVOIE
01.46.17.10.00
2. DEFINITIONS
For the purposes of these T&Cs, capitalized terms have the following meaning:
« Advertisers »: designate the natural or legal persons who have subscribed to a contract with the Company for the distribution of rental and/or sale advertisements for real estate on the Website.
The Site allows you to consult sales and rental advertisements from Advertisers falling into one of the following categories:
- real estate professionals holding a transaction or management card in accordance with Hoguet law no. 70-9 of January 2, 1970;
- notaries;
- lawyers carrying out the activity of agent in real estate transactions on an ancillary basis;
- bailiffs;
- real estate developers;
- the builders.
The Site also allows you to consult advertisements for the sale and rental of residential property offered by individual Advertisers, defined as all natural persons using the Service for exclusively personal and non-professional purposes and not acting directly or indirectly, for the account of a real estate professional. These advertisements are identified on the Website as “ads from individuals”.
"Content": any content posted on the Site by a person third to the Company, intended for the public and likely to be reported by a User or Recipient of the Service. This concerns in particular the content of real estate advertisements, the content of pages Advertisers, advertisements, as well as comments.
“Illegal content”: any information which, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or with the law of a Member State which complies with Union law, whatever the precise object or precise nature of this right, in accordance with the Digital Services Regulation.
« Data »: designate personal data as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data. personal nature and the free circulation of these data (hereinafter referred to as “ General Data Protection Regulation ") which are provided by the User to the Company or which are collected by the Company when using the Website, the Application and/or the Services. 2.2
“Broadcast rules”: accessible broadcasting rules here.
« Site Internet »: designates the interactive electronic service published and operated by the Company, accessible in particular at the address taiwanhousing.tw, from which it allows access to its Services.
« Server »: designates a computer hosting an application service and having a large amount of disk space where files are stored.
« Website Server »: designates the hosting servers of the Website on which the Services made available to the User by the Company are installed and provided.
« Services »: designate the services provided by the Company on the Website and described in article 4 of these T&Cs, as well as their extensions in the form of alerts, newsletters, calendar and functionalities of the User's terminal, necessary for their operation.
« User »: designates any natural person who accesses the Website and/or the Application for strictly private use.
3. SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION OF THE T&Cs
3.1. The purpose of these T&Cs is to define the conditions under which the User benefits from the Services provided by the Company through its Website and/or its Application.
All of the Services provided by the Company and made available to the User are detailed on the Website.
3.2. Subscribing to, accessing or using the Services implies acceptance without restrictions or reservations of these T&Cs by the User.
3.3. These T&Cs may be subject to modification, the applicable conditions are those in force and accessible on the Company's Website on the date of access to the Website and/or the Application by the User.
4. ACCESS AND AVAILABILITY OF SERVICES
4.1. DESCRIPTION OF SERVICES
The Services provided on the Company's Website consist of facilitating the User's procedures in their search for purchase and/or sale and/or rental of real estate by allowing them to benefit free of charge from the following Services :
1. The possibility of setting up a personal account through which the User will notably have the possibility of accessing offers for the sale/rental of real estate corresponding to particular search criteria that they have selected in advance. This service also allows you to receive by email new offers for the sale/rental of real estate corresponding to the criteria selected by the User.
By creating a personal account, the User has a unique identifier and a strictly personal password, which he undertakes to keep confidential and not to transmit to third parties.
The User is the only one authorized to access and use the Services using his unique identifier and password.
Any access to the User's personal account with their unique identifier and password is automatically deemed to have been made by the User.
Likewise, access to the Services with this username and password is carried out under the sole responsibility of the User.
Therefore, in the event of loss, theft or any fraudulent act with regard to their unique identifier and password, the User must inform the Company as soon as possible and provide proof of their identity on this occasion. by all means.
Upon receipt of its duly justified notification, the Company will send the User a new identifier and password, on condition that they keep them strictly confidential.
2. A research service, visualization of offers for the sale and/rental of real estate;
3. Access to the contact details of Advertisers holding offers for the sale/rental of real estate published on the Website;
4. A service for connecting with Advertisers;
5. The possibility for the User, looking for a rental property, to create a declarative rental file (hereinafter “the Rental File”) and to give access to it to an Advertiser broadcasting his ad as an individual .
(i) The User will be able to access the form for submitting their Rental File from their personal account or directly from the details of a private rental advertisement.
(ii) To create their Rental File, the User must have created a personal account and be connected to it.
(iii) The User must enter the following information:
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their personal contact details: first and last name, telephone number and email address
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information on the personal and professional situation of the (co)tenant(s) and the guarantor(s), as well as their declared income
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a presentation text and the object of his research.
(iv) The elements thus communicated by the User, under his sole and entire responsibility, constitute purely declarative data not subject to any verification by the Company. As such, the Company does not play any active role likely to entrust it with knowledge or control of the data making up the Rental File. The Company cannot therefore be held responsible for the completeness, reliability and veracity of the data communicated by the User with a view to compiling their Rental File.
(v) The User may at any time complete, modify or delete their Rental File from their personal account.
(vi) The data transmitted by the User is solely intended to enable the User to compile their Rental File.
(vii) The creation of the Rental File and its transmission to the Advertiser are free for the User.
(viii) The User will have the option, by checking the box provided for this purpose, to give their express agreement to the transmission of their Rental File to the Advertiser broadcasting the advert to which the User wishes to apply. The Advertiser will then be able, from his personal account, to access the User's Rental File.
(ix) The Advertiser will be solely responsible for the use of the Rental File and remains free to consult or not the file of which has been transmitted to it and to contact or not the User, the Company does not intervene in any case in the selection of rental candidates nor, in general, in the relations between the Advertiser and the User.
The Services are described further on the Website. The User is informed that said Services are subject to constant evolution.
The User is informed and acknowledges that the Company's activity is limited to facilitating the connection of Users with Advertisers. Its liability cannot in any way be engaged in the context of relationships, agreements and discussions likely to take place between Users and Advertisers.
4.2. ACCESS TO SERVICES
The Services are freely and exclusively accessible online on the Company's Website.
4.3. AVAILABILITY OF SERVICES
The Company makes its best efforts to make its Services available 24 hours a day, 7 days a week, independently of maintenance operations for said Services and/or Servers and/or the Website and/or the Application. As such, the Company is bound by an obligation of means.
The Company reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Services without prior information to Users and without right to compensation.
The Company makes its best efforts to ensure the continuity of the Services; however, given the complexity and circumstances specific to the particular hosting activity, the Company can only be held to an obligation of means under these T&Cs.
Consequently, the Company cannot be held responsible for difficulties or impossibilities of access, slow connection or any other technical problem due to circumstances and/or technical intermediaries external to the Company.
5. REGULATIONS ON DIGITAL SERVICES
5.1 DECLARATION OF THE NUMBER OF ACTIVE RECIPIENTS OF THE PLATFORM
In accordance with Article 24(2) of the DSA, we have determined the average number of monthly active recipients of our services in the EU for the period January to June 2024. Our findings indicate that the average number of monthly active recipients in the European Union on our platform is less than 45 million.
We will regularly review our statistics and publish updated information throughout 2024.
5.2 SINGLE POINT OF CONTACT FOR AUTHORITIES
Single point of contact for authorities : contact@taiwanhousing.tw
Official languages : French, English
5.3 SINGLE POINT OF CONTACT FOR SERVICE RECIPIENTS
Single point of contact for service recipients : contact+support@taiwanhousing.tw
5.4 CONTENT MODERATION AND FIGHT AGAINST ILLICIT CONTENT
In its capacity as hosting provider for advertisements broadcast under the exclusive responsibility of Advertisers, within the meaning of the provisions of article 6-I-7 of Law n°2004-575 of June 21, 2004, the Company cannot materially organize general monitoring of the advertisements and Content that it hosts on the Website and cannot determine their legal nature or not. As such, the Company invites the User to consult the cautionary advice made available to them in the Taiwan Housing editorial https://taiwanhousing.tw/en/blog/tips-to-avoid-scams
However, in order to protect Users, the Company has put in place various mechanisms to moderate Content and combat illegal Content.
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Automated moderation technology
The Content posted on the Site is initially examined by automated moderation technology which aims to identify Content likely to violate these T&Cs or the Distribution Rules.
This system examines a variety of elements across Content including keywords, descriptions, consistency of information. If no violation is identified, the Content is published on the Site. If a potential violation is detected, the automated moderation system forwards it to our moderation teams for further review or automatically removes it if there is a high degree of risk of violation of the Rules defined above. The Content custodian is informed by email when its content is not published.
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Content moderation measures and decisions
The Site's Content moderation teams ensure, once they are informed and after their publication, that the published Content does not violate these T&Cs as well as the Distribution Rules or does not constitute Content. illicit.
In particular, any element which appears contrary to legal or regulatory provisions, good morals, or likely to offend Users is strictly prohibited on the Site, and in particular:
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Any Content written in a foreign language containing terms or descriptions unrelated to the content offered;
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Any Content containing terms or descriptions unrelated to the Content offered;
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Any Content relating to fictitious real estate or construction program;
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Any fraudulent Content, or intended to deceive the User;
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Any Content of a political, religious or hateful nature;
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Any image or photograph unrelated to the offer offered, unauthorized, infringing, or of a pornographic nature.
The role of moderation teams involves:
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Examination of Content identified internally: the moderation team can manually check Content randomly or for which doubt exists;
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Examination of reports made via the Illicit Content Reporting System made available to Users and Advertisers of the Site (and any complaints);
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Examination of complaints made via the internal complaints processing system made available to Users who have reported Content as illegal.
When the moderation teams become aware of a violation of the T&Cs, the Distribution Rules or the presence of illegal Content, the following measures and decisions may be taken:
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Temporary or permanent deletion of the Content concerned on the Site;
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Restriction of access to the Services;
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Temporary blocking or permanent deletion of the account holding the Content concerned or deemed fraudulent.
The moderation teams determine whether the Content and/or the account should be subject to a restriction measure based on the risk and severity they represent. They may limit or delete Content or accounts after a single serious violation of the Rules mentioned above or if they determine that the account has published illegal content on several occasions, or filed several reports or complaints that are manifestly unfounded.
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Mechanisms for reporting illegal content
Any User may submit a report from the Site in order to report Content considered illicit or contrary to these T&Cs.
A report button is made available to Users near the Content. This leads to a questionnaire to complete. The User must ensure that their report is as complete as possible. Reports are then reviewed by the Company in a timely manner.
By using this procedure, the User undertakes to submit reports in good faith and not to misuse the reporting or complaints procedures by making unfounded reports or calls.
The Company reserves the right to take any measure to limit or prevent the processing of reports and suspend or even delete accounts from people who abuse reporting mechanisms, in particular by submitting unfounded reports.
Thus, the User undertakes not to abuse this option, failing which, he acknowledges and accepts that he is exposed to criminal prosecution, by application of the provisions of article 6.I.4 of Law No. 2004-575 of June 21, 2004 according to which: “The fact, for any person, of presenting to the persons mentioned in 2 (hosters) content or activity as being illicit with the aim of obtaining its withdrawal or to stop its dissemination, when it knows this inaccurate information, is punishable by a sentence of one year's imprisonment and a fine of 15,000 EUR”.
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Internal complaints handling system
Users may contest the decision taken by the Company in response to the report for a period of 6 (six) months from receipt of notification of the decision, by responding directly to the notification email.
These disputes are transmitted to the moderation team which will carry out a new examination of the Content in order to confirm or not the decision.
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Alternative dispute resolution
Users may also choose to contest the moderation decision taken by the Company by submitting the dispute either to an out-of-court dispute resolution body certified in accordance with the Digital Services Regulations, or to a competent court.
6. GUARANTEES – LIABILITY – FORCE MAJEURE
6.1 USER WARRANTY
By accessing the Company's Website, the User declares, guarantees and undertakes to:
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access and use the Website and the Services in good faith, in a reasonable manner, not contrary to the terms of these T&Cs and for strictly personal use and for non-profit purposes;
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not use devices or software other than those provided by the Company intended to i) affect or attempt to affect the proper functioning of the Website and/or the Services it contains ii) or to extract, modify, consult , even in buffer or temporary memory, or even for individualized use, all or part of the Website and;
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not access and/or use the Website and/or the Services provided by the Company on said Website for illicit purposes and/or with the aim of causing damage to the reputation and image of the Company or more generally to infringe the rights, particularly intellectual property, of the Company and/or third parties;
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not directly or indirectly market the Services and/or access to the Services and/or access to the Website;
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not reuse all or part of the Website and the Services it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or media not authorized by the Company;
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not exploit the Services provided by the Company or the data to which it may have access via said Services and/or the Website for directly or indirectly commercial purposes and/or for personal purposes in an unauthorized form and/or media (s) by the Company;
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not reproduce, represent all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, particularly to third parties;
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not limit access and use of the Website and/or the Services;
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not modify, including in buffer or temporary memory, any mention or element of the Services and/or the content of the Website;
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not contravene the provisions of articles 323-1 to 323-7 of the Penal Code repressing so-called “hacking” practices;
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not use and/or exploit the electronic and/or postal contact details of other Users of the Website for the purpose of sending mass solicitation emails and engaging in “spamming” practices.
In the event of failure to comply with one or other of these obligations and, without this list being exhaustive, the User acknowledges and accepts that the Company will have the right to refuse him, unilaterally and without prior notification, access to all or part of the Website.
6.2 COMPANY GUARANTEE
The Company provides the User, through its Website, with access to a certain number of Services aimed at supporting them in their real estate project.
The User is perfectly aware that the Company cannot guarantee the follow-up given:
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to the responses that will be provided following its requests for contact with Advertisers who have published advertisements for the rental and/or sale of real estate;
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rental and/or sale announcements of real estate that he wishes to consult on the Website;
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and more generally to the specific needs of the User.
The Company assumes no obligation whatsoever relating to the accuracy of the information and data, or relating to the uses that may be made of said information and data. The Company therefore provides no guarantee, express or tacit, concerning the content of the Site.
In particular, the information provided regarding the Services is for informational purposes only and cannot be considered as contractual or as firm and definitive offers of products or services, said offers being subject to the acceptance of additional contractual conditions.
The Company declines all responsibility for the reliability and/or relevance of the information provided by Advertisers on the Website – said information being put online and distributed under their entire responsibility.
The Company makes its best efforts to connect Users and Advertisers offering their services via the Website.
The Company does not guarantee the conclusion of a contractual relationship between the User and said Advertisers.
Users acknowledge that the Company does not intervene in this capacity at any time in exchanges and transactions between Users and Advertisers and does not act as a mediator between Users and Advertisers.
Consequently, the liability, tort or contract of the Company cannot under any circumstances be incurred for the conclusion, non-conclusion, execution, resolution or mediation of any contractual relationship between Users and Advertisers or for the consequences, whatever their nature, resulting from a dispute between them.
Finally, not carrying out a credit establishment activity and limiting its intervention to simply putting the User in contact with the Advertisers of the Website, the Company cannot be held responsible for:
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the quality of the advice provided by the Advertisers to the User once they have been put in contact via the Services;
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in the event of a positive or negative, tacit or express response from a credit institution or partner broker to the User's financing request;
6.3 LIMITATION OF LIABILITY
(i) The User is solely responsible for his use of the Website and the Services he accesses from the Website.
The Company cannot under any circumstances be held responsible in the context of proceedings brought against the User who is guilty of non-compliant use of the Website and/or the Services it provides. .
The User acknowledges and accepts in this regard that he will be personally responsible for any claim or procedure filed against the Company, due to his non-compliant use of the Services and/or the Website.
The Website may contain hypertext links to third party websites.
(ii) In this regard, given the evanescent nature of the content that may be disseminated there, the Company cannot be held liable in the event that the content of said third-party websites contravenes the legal and/or regulatory provisions in force. .
In any event, the Company cannot be held responsible for:
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in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the User, including the causes arise in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
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in the event of use of the Services by a User in conditions that do not comply with the terms of these T&Cs;
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within the limits of current legislation, for any indirect damage, including in particular loss of profit, data or any other loss of intangible property, even if the Company has been informed of the potential for such damage, which may arise (i) from the use or inability to use the Services (ii) following access to said Services by an unauthorized User.
(iii) The Company cannot be held responsible for any malfunction of any nature whatsoever relating to the User's computer equipment or to their Internet access connection, when accessing the Website and more. generally to the Services.
More particularly, the Company cannot guarantee the User of the Services on:
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problems with access speeds to the Websites and/or buffering speed of the User's computer for videos accessible via the Services that the User may encounter.
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the quality of the texts, information, descriptions, photographs and Videograms attached to the advertisements for rental and/or sale of real estate published by the User.
6.4 FORCE MAJEURE
The Company cannot be held liable if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by article 1218 of the Civil Code as amended by Order No. 2016-131 of February 10, 2016 and interpreted by the case law of the French Courts, and in particular, without limitation, natural disasters, fires, malfunction or interruption of the telecommunications network or the electrical network.
7. RECLAMATION – ASSISTANCE TECHNIQUE
For any information of a technical nature or relating to the operation of the Services accessible via the Website, the User is invited to refer to the “Contact” section accessible on the Website and/or to send their complaint to the contact details referred to in article 1.3 of these T&Cs.
8. INTELLECTUAL PROPERTY
8.1 COPYRIGHT ON THE COMPANY WEBSITE
The Company is the owner or licensee of the intellectual property rights of both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, denaturation and/or total or partial exploitation of the Website, and/or their content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of the Company, is prohibited and constitutes acts of copyright infringement.
Likewise, any unauthorized exploitation of the Website, and/or its content and/or the Services entails the criminal and civil liability of the User on the basis of copyright infringement.
The Company intends to disclose the Website and the Services only in order to allow access to them on the Internet network, and this:
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from a computer or an equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet navigation software (such as Internet Explorer, Mozilla Firefox, etc.);
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a mobile terminal with access to a telecommunications network allowing access to the Internet network (Wifi connection, 3/4G, Edge, etc.);
Any other use of the Website and/or the Services is automatically deemed reserved for the Company and constitutes an infringement of its right of disclosure on the Website and/or the Services.
8.2 DISTINCTIVE SIGNS
The brands, logos, company names, acronyms, trade names, signs and/or domain names of the Company and/or its commercial partners mentioned on the Website, allowing access to the Services made available by the Company, constitute distinctive signs which cannot be used without the express prior authorization of their holder.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark counterfeiting, in application of the provisions of Book 7 of the Intellectual Property Code, usurpation of company name, trade name and domain name incurring the tort liability of its author.
8.3 DATABASES
The User irrevocably acknowledges that the Website and the Services consist of one or more databases made available by the Company as producer of said databases within the meaning of the provisions of articles L.341-1 et seq. of the Intellectual Property Code.
Therefore, in accordance with the provisions of article L. 342-1 of the same Code, the User is prohibited from:
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the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services on another medium, by any means and in any form whatsoever, including for purposes of use or consultation by a media and/or process(es) not authorized by the Company;
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the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services, whatever it may be the form, including by a hyperlink, a media and/or a process(es) not authorized by the Company;
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the constitution, edition, maintenance, updating, import, export, making available to third parties, free of charge or for a fee, and participation in the aforementioned acts, of a competing database taken from all or part of one or more of the Company's databases;
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viewing on a screen by a process or media other than those by which the Company intends to disclose the Website and the Services;
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in general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffered or temporary memory, qualitatively or quantitatively substantial of the contents of one or more of the databases of the Company, committed by any of the processes referred to above is strictly prohibited, including by a media not authorized by the Company.
8.4 CONTENT OF SERVICES
The User acknowledges and accepts that access to the Website and the Services made available to him by the Company cannot imply any transfer or concession of intellectual property rights (in particular copyright) and other rights for the benefit of the User. 'User.
Access to the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in these T&Cs and in accordance with the provisions of article L.122-5 2° of the Intellectual Property Code .
Thus, the User acknowledges and accepts that the private and personal use granted to him by the Company, for access to its Services, excludes in particular access to the Services with a view to collective use of its content. , reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, both free of charge and for a fee, of all or part of the Website , the Services, and their contents.
8.5 HYPERTEXT LINKS
The hypertext links accessible on the Website, allowing access to the Services, to other websites and/or applications and generally to all existing resources on the Internet cannot engage the responsibility of the Company.
The User may under no circumstances set up hypertext links to deep pages of the Websites, allowing access to the Services, by any technical process intended to bypass the User's identification field or to proceed with the aspiration of all or part of the content of the Services made available by the Company. The 'framing' technique is prohibited, unless expressly authorized in advance by the Company.
9. OPPOSITION TO THE RIGHT TO SEARCH
In accordance with European Directive (EU) 2019/790 of April 17, 2019 on copyright and related rights in the digital single market and article L122-5-3 of the intellectual property code, the Company exercises its right to object to text and data mining.
For the purposes of this clause, mining means any automated extraction, collection and analysis technique aimed at analyzing texts and data in digital form in order to extract information (which includes , on a non-exhaustive basis, constants, trends and correlations) and this by any type of means (namely in particular via robot, scraping, etc.)
The opposition applies to all content, data and websites to which the Company provides access.
As such, the Company expressly refuses, in a general and non-exhaustive manner, the use of its content for purposes:
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Mining, gathering or cross-referencing of data as well as any extraction method,
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Development and training of artificial intelligence systems,
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Development of any software.
10. MISCELLANEOUS PROVISIONS
10.1 CORRESPONDENCE – PROOF
Except as otherwise provided in these General Terms and Conditions, correspondence exchanged between the Company and the User is carried out exclusively by email. The User acknowledges and accepts that the information provided by the Company by email and on its Website is authentic between him and the Company. Elements such as the time of receipt or transmission, as well as the quality of the data received will be given priority as appearing on the Company's Website, or as authenticated by the Company's computerized procedures, unless the User provides written proof to the contrary. The scope of proof of the information delivered by the Company's Website is that granted to an original in the sense of a written paper document, signed by hand.
10.2 ENTIRE T&Cs
These T&Cs express the entirety of the obligations of the Company and the User. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation. in question.
10.3 PARTIAL INVALIDITY
In the event that one or more stipulations of these T&Cs are considered null, deemed unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having authority of res judicata as a last resort, the other stipulations will retain all their force and scope and will remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance called into question the contractual balance.
10.4 TITLES
In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses of these T&Cs, and one of the clauses, the titles will be declared non-existent.
11. CONSUMPTION MEDIATOR
In accordance with the provisions of the Consumer Code concerning the amicable resolution of disputes, the Company adheres to the Consumer Mediator Service FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Consumer Mediator FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr.
After prior written steps taken by consumers vis-à-vis the Company, the Mediator Service may be contacted for any consumer dispute that has not been resolved successfully. To find out how to contact the Mediator, click here.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
In the event of a dispute relating to the application, interpretation, validity and execution of these T&Cs, and in the absence of an amicable agreement between the parties, express jurisdiction is given to the French courts.
13. PROTECTION OF PERSONAL DATA
In accordance with the Regulations relating to the protection of personal data, the User is informed that the Company, in its capacity as data controller, implements processing of personal data in the context of the use of the Site Internet.
For any information regarding the processing of personal data and to know the extent of their rights, Users can consult the Personal Data Protection Policy, available on this page.
Furthermore, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption, the User has the right to refuse to be approached by a professional with whom he or she does not have an ongoing contractual relationship, in registering for free on the Bloctel telephone canvassing opposition list. For more information, we invite you to consult the site Bloctel.
14. COOKIES
When consulting the Website, information may be recorded in “cookie” files installed on the User's computer, tablet or mobile phone. To know our cookies policy, Users can consult the Cookies Policy, available via this link.
15. ALERTS
The User can manage the subscriptions to the alerts he wishes to receive when creating his account or by going to his account in the 'Alerts' section. The User then has the possibility to select from the different alerts those which interest him. The User can stop sending alerts at any time by going to their account.
In the absence of selection and if the latter has not objected when creating their account, the User will be likely to receive information on the Company's news and alerts relating to products and services similar to those that the User has already consulted on the Website.