Terms of use for the site
www.certosaconsulting.com
1 Preamble
Use of the www.certosaconsulting.com implies automatic and unconditional acceptance by the User of all the present terms of use and an undertaking to respect them.
The CERTOSA CONSULTING reserves the right to modify and add to the present terms of use at any time, without prior notice or compensation. Reconnection and continued use of the site www.certosaconsulting.com implies automatic reacceptance of the terms of use and compliance therewith. Consequently, it is the User’s responsibility to make himself aware of any updates to these terms each time he connects to the site www.certosaconsulting.com.
These terms of use include exclusions from guarantee and limitations of liability of which the User declares he is aware.
Terms of Use and Legal Mention are complementary and should be considered as one entire document.
2 Glossary
The words below, with the first letter capitalised, will be defined as follows in this document:
Data Base : A database is a digital system intended to organize, store, and retrieve large amounts of data easily.
Personal Account : Pseudonym, confidential code, areas and functionalities allocated to the User after registering on the site www.certosaconsulting.com by completing an online form.
Deposited Files : computer files of any kind (video, photos, articles, texts, etc.) that can be uploaded by the User Member with a view to being reproduced or represented on the site www.certosaconsulting.com.
Personal information : “information that in any way whatsoever, directly or otherwise, allows the natural persons to whom it applies to be identified” (article 2 of law no. 78-17 of 6th January 1978). In the context of this document, these provisions also apply to a corporation or any other legal entity. This includes the IP address of the User.
Complementary Personal Information : name, mail and email address and phone number of the User.
French Regulation : Regulation (law and all regulatory framework) in force in France.
User : : Internet surfer connecting to and/or using the Internet site www.certosaconsulting.com. User can be registered or not.
Registered User : User who has opened a Personal Account.
3 Validity of information supplied by the User
If the User supplies information, he agrees to:
– provide genuine, accurate information that was up-to-date when it was input on the service registration form, and in particular not to use false names or addresses, or names and addresses that he is not authorised to use;
– keep the registration data up-to-date to ensure that it is always genuine, accurate and up-to-date;
– not make available or disseminate information that is illegal, objectionable (e.g. defamatory or obscene) or otherwise harmful, such as viruses;
– do no provide illegal information.
If these provisions are contravened, CERTOSA CONSULTING will be entitled to suspend or terminate the User’s access to the service, for which the User will be held to be exclusively to blame.
4 Site access
The User may access the site www.certosaconsulting.com 24/24 and 7/7 unless otherwise stated.
CERTOSA CONSULTING cannot be held responsible if connection is technically unavailable, whether this is due in particular to force majeure, maintenance, update, site modification, operation by the hosting organisation, an internal or external strike, network failure, an electricity power cut or alternatively incorrect configuration or use of the User’s computer.
5 Use of data of the Website
Information about the CERTOSA CONSULTING included in www.certosaconsulting.com cannot be used by a third party in a commercial purpose.
6 User’s behaviour
According to the French Regulation, User is not allowed to broadcast through www.certosaconsulting.com illegal messages or opinions, in particular those that could be considered as racist, defamatory or libellous.
7 Article: Forum, chats, comments and appraisals
The www.certosaconsulting.com site may provide a system for Users to comment and appraise the Website or any other related topics allowing information, views and opinions to be given. When they do so, User Members of the www.certosaconsulting.com site agree to behave in a respectful and appropriate manner towards other Users.
CERTOSA CONSULTING reserves the right to:
– monitor messages, views and opinions disseminated by Users;
– and possibly to :
o remove these messages, views and opinions if they are illegal, in particular racist, defamatory, libellous or contain advertising,
o exclude a User who disseminates such messages.
Contributions made as comments or appraisals may not be anonymous.
Should a User of www.certosaconsulting.com publicly and intentionally disseminate personal data on the comments and appraisal system, he agrees that this data may be collected by third parties and exonerates www.certosaconsulting.com from all liability in this regard.
8 Limitation of liability:
The User expressly accepts that he uses the www.certosaconsulting.com site at his own risk and on his exclusive responsibility.
The information provided to the User by the www.certosaconsulting.com site is for information and in the state that it is at that time. It may be modified at any time without notice.
In any event, CERTOSA CONSULTING can in no circumstances be held responsible for:
– any direct or indirect damage, particularly relating to loss of profits, loss of earnings, loss of customers or data that could, among others, arise from use of the www.certosaconsulting.com site, or, conversely, from not being able to use it;
– malfunctions, lack of access, incorrect use or incorrect configuration of the User’s computer, or use by the User of an uncommon browser;
– the content of Deposited Files, advertisements and other outside links or sources that can be accessed by the User from the www.certosaconsulting.com site.
9 Site publicity and sponsor
The www.certosaconsulting.com site may contain advertising. In no circumstances can www.certosaconsulting.com be held responsible either for the advertising content or for the consequences of any contractual relationship between the User of the www.certosaconsulting.com site and the person who disseminated the advertising.
10 Hypertext links
If a Webmaster wishes to set up a link from his site to the www.certosaconsulting.com site, he must obtain express prior authorisation by making an application to e-mail address contact@certosaconsulting.com. In any event, the Webmaster setting up a hypertext link agrees not to use deep linking, by which pages from the www.certosaconsulting.com site are embedded in the pages of the Webmaster’s own site.
A User who is redirected to a third party’s Internet page by a hypertext link on the www.certosaconsulting.com site acknowledges that CERTOSA CONSULTING has no control over the content of the sites to which he is redirected. Consequently, CERTOSA CONSULTING can in no circumstances be held responsible for any direct or indirect damage resulting from the use of sites that can be accessed via hypertext links in the www.certosaconsulting.com site.
11 Copyright and intellectual property
All elements of the www.certosaconsulting.com site (directory structures, formatting, programming, etc.) apart from Deposited Files and other specific disclosure are the exclusive intellectual property of CERTOSA CONSULTING.
Accordingly, they must not be represented, reproduced, embedded, disseminated or broadcast, wholly or in part, in accordance with the provisions of article L.122-4 of the French Code de la Propriété Intellectuelle. Any person who does so and who cannot provide evidence of prior, express authorisation from the holder of these rights incurs the penalties for infringement provided for in articles L.335-2 & seq of the French Code de la propriété intellectuelle.
Any authorized copy of any element of the website should disclose “Copyright, CERTOSA CONSULTING all right reserved”.
12 Copyright and intellectual property regarding the Deposited Files uploaded by the User
Deposited Files remain wholly owned by the person depositing them. Putting them online implies automatic acceptance of :
(i) a non-exclusive representation and reproduction licence, for the maximum copyright period relating thereto, in favour of www.certosaconsulting.com as host of the Deposited File, not as its publisher. This licence also allows www.certosaconsulting.com to change the File format to the accepted format for files on www.certosaconsulting.com ;
(ii) a non-exclusive representation and reproduction licence, for the maximum copyright period relating thereto, in favour of Users to display and/or download the Deposited File for exclusively personal and non-commercial purposes.
The User confirms his acceptance of this licence just by uploading the Deposited File on www.certosaconsulting.com.
The User is the sole guarantor of the content of the Deposited Files and releases www.certosaconsulting.com from any direct or indirect liability that may arise based on the content of the Deposited Files.
The User undertakes to ensure that Deposited Files comply with French Regulation, particularly with regard to the law relating to persons, intellectual property and copyright, and also public order.
CERTOSA CONSULTING may set up a pre-control system for all Deposited Files and a post-control system for any comments on the Deposited Files.
This pre-control system or monitoring in no way exonerates the User from liability if his Deposited File is published on the www.certosaconsulting.com.
It is made solely to assist Users and under no circumstances allows www.certosaconsulting.com to be held responsible for the compliance of Deposited Files with French Legislation.
Any User who notes that Deposited Files infringe French Legislation may inform CERTOSA CONSULTING of this infringement. Based on this information and its own checks, CERTOSA CONSULTING may, on the one hand, withdraw the Deposited File without notice and without forgoing any action for damages for the loss sustained and, on the other hand, send the items concerned to the competent authorities.
13 Trademarks
Marks and logos found on the www.certosaconsulting.com site, apart from those included in the Deposited Files, are registered by CERTOSA CONSULTING or one of its partners. Accordingly, any person who represents, reproduces, embeds, disseminates or broadcasts them incurs the penalties provided for in articles L.713-2 et seq of the Code de la propriété intellectuelle.
14 Databse
According to the law no. 98-536 of 1st July 1998, www.certosaconsulting.com collects and produces data, which together, are considered as a data base owned by CERTOSA CONSULTING.
The Use is not allowed to reproduce, reuse, download, hold, directly or indirectly, in any way, any substantial part of the Data Base.
15 Setting up a Personal Account
To obtain the widest services provided by www.certosaconsulting.com, Users must register on the site www.certosaconsulting.com by opening a Personal Account and meeting the terms set out above.
Users may not register on behalf of third parties.
Registration is strictly personal to each Registered User.
If a User fails to comply with one of the provisions of this document, www.certosaconsulting.com reserves the right to cancel the Personal Account of that User Member without notice.
16 Monitoring of the access for people under 18
Monitoring of the access for people under 18 : The use of the website www.certosaconsulting.com by any person under 18 has to be allowed and monitored by his or her parents or legal representatives
17 Validity of all the contractual clauses
Should one of the clauses of these Terms of Use and Legal Information be declared null or void, all the other provisions of this document remain valid and applicable.
18 Applicable law – Attribution of jurisdiction
The terms of use and legal information of the www.certosaconsulting.com site are governed, interpreted and applied under French law. Only the Courts and Tribunals of France will have competency to hear any disputes between CERTOSA CONSULTING and a User relating to the present terms of use and their implementation, particularly their validity, interpretation, execution, cancellation and consequences.
If the User is a professional, as defined by the French Regulation, Courts and Tribunal of TRIBUNAL DE GRANDE INSTANCE DE will have competency to hear such dispute.
